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Write down all your existing debts and assets. This is required as a step to declare bankruptcy whether or not you secure the services of an attorney or paralegal. Your credit reports and current bills, such as rent and utilities, should provide the debt information needed. - 2
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Determine whether you can declare bankruptcy through Chapter 7 or Chapter 13. A means test website is noted in the Resources section near the end of this article.
If you make more than $40,000 a year, it is unlikely you will be approved for debt forgiveness through Chapter 7 bankruptcy. You will need to file Chapter 13 bankruptcy, which restructures and reduces debts. - 3
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Under the law, you must complete an approved credit counseling program before filing to declare bankruptcy. A link to such programs is noted in the Resources section. - 4
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Fill out all papers so you can petition the court to declare bankruptcy, whether you are seeking Chapter 7 or Chapter 13. Take them to your local bankruptcy court, and make arrangements to pay the required filing fees. - 5
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Attend all required court hearings, including your 341 meeting of creditors. It is unlikely anyone will fight your intent to declare bankruptcy, but remember there are debts you cannot include in your case. - 6
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Likely, a judge will approve your request to declare bankruptcy. If you filed Chapter 7, your legal obligation to pay included debts has been removed. Under Chapter 13, you must follow your approved repayment plan.
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