How to File Bankruptcy in Maine
In Maine, people can file bankruptcy when they can no longer handle their debts. Individuals have the choice of filing Chapter 7 bankruptcy to get rid of debt entirely or Chapter 13 to restructure and repay debt. Bankruptcy procedures fall under federal jurisdiction, and the basic laws and procedures are the same in each state. However, learning about some bankruptcy regulations that are specific to Maine will help your case go smoothly.
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Instructions
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Take a Maine pre-bankruptcy credit counseling class within 180 days of filing the bankruptcy petition and submit the certificate of completion to the court prior to filing. Look for Maine bankruptcy court-approved courses on the court website or call the court for a list.
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Gather your documents that pertain to your income, assets and debts. Include items such as bank statements, pay stubs, bills and other financial paperwork. List all creditors and debt collectors, including names, account number and balances. Determine your monthly expenses by examining receipts or making estimates of expenditures such as food and clothing.
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Ask your lawyer for the bankrutpcy petition documents or download them from the court website, if you are filing bankruptcy pro se, or on your own. Fill out the means test, which will compare your income to the Maine median of $40,618, as of October 2010. File Chapter 7 if you make less than $40,618. File Chapter 13 if you make more than that amount.
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Finish the rest of the petition completely. No debt left off the list will be discharged by the bankruptcy. File the petition with the court or give it to your lawyer to file. Pay the filing fees of $274 for Chapter 13 or $299 for Chapter 7, as of October 2010. Pay by cash or money order if you do not have an attorney, because the Maine bankruptcy court does not take checks from pro se debtors. Pay by cash, money order, cashiers check or attorney check if you do have a lawyer.
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Develop a payment plan that allows you to pay back your debts over a three- to five-year time span if you are a Chapter 13 filer. Include only disposable income in your plan to ensure that you can keep up with payments. File the plan with the court clerk to complete the Maine bankruptcy filing process.
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