How to File Bankruptcy in a New State After You Just Moved

Filing bankruptcy allows a debtor to have his financial liabilities discharged and to make a fresh start. Most individuals file Chapter 7 bankruptcy. For the most part, Chapter 7 filers do not go to court and never see a judge unless there is an objection placed by one of their creditors. Chapter 7 debtors deal primarily with bankruptcy trustees. A trustee oversees the case and liquidates the non-exempt assets of the debtor. In most cases, the bankruptcy court will finalize the debtor's bankruptcy within 60 to 90 days.

Instructions

1. File a voluntary bankruptcy petition with the court. File the petition in the bankruptcy court serving the area where you live. There are bankruptcy courts in each judicial district. You can locate a bankruptcy court online at USCourts.gov.

2. File the correct forms with the court. You will need a Schedule of Assets and Liabilities form and an Income and Expenditures form. Again, the forms can be found at USCourts.gov or at a local stationery store. The bankruptcy forms are not available at the court. Depending upon your particular situation, there may be other forms you need to file. Consult a reputable bankruptcy attorney for more information.

3. Pay the filing fees. There is a $245 filing fee, a $15 trustee fee and a $39 miscellaneous administrative fee that all bankruptcy filers are required to pay. If you cannot pay these fees all at once, you may be able to make payments. Ask the court about fee payment arrangements.

References

• U.S. Courts: Bankruptcy Basics

Resources

• USCourts: Bankruptcy Forms