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Filing your bankruptcy petition is as simple as taking the completed bankruptcy forms and the required number of copies to the Bankruptcy Court in your district.

Most courts will allow you to mail in your bankruptcy petition while others require you to deliver in person. Either way you will be required to pay the court's filing fee's, Chapter 7 ($299) Chapter 13 ($274) or include Form B3A (Application to pay filing fee in installments) at the time of filing.

Chapter 7 filer's may also be eligible to have the filing fee waived by filling out Form B3B (Application for waiver of the chapter 7 filing fee). (please refer to the Court Guide for your districts rules regarding filing procedures.)

When filing bankruptcy, the clerk will go through your petition to make sure you have included all the required federal bankruptcy forms and creditor mailing matrix in print or on diskette, then give you (or return by US Mail) your stamped receipt with your bankruptcy case number.

The Clerk will keep the original and several copies for their own use. (Note: Make sure you include a sufficient amount of copies of your bankruptcy petition as the clerk may charge around $.50 per page to run addition copies at the courthouse.) You can use any extra copies for your records.

Your bankruptcy filing is now in place and the automatic stay is in effect.

The Final Step

The final step will be the meeting of creditors or "341 meeting". You will be notified by mail as to the time and place of the meeting, approximately 20 to 40 days after the initial filing of your bankruptcy petition.

This is a simple procedure held by the bankruptcy trustee (not a judge) in which the trustee and any creditors that wish to appear may ask questions regarding your financial situation.

In almost all cases, the creditors that are likely to appear will be those holding liens on your property (house, car, etc.) and will simply want to know your intentions either to reaffirm the debt (continue payments) or release the property.

Most of these meetings last 5 minutes or less and can easily be handled without an attorney. Of course you can also ask specific questions regarding the meeting of creditors in advance by requesting a bankruptcy attorney phone consultation.

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