Help to File Bankruptcy While on Welfare
If you receive Temporary Assistance to Needy Families benefits, commonly known as welfare, you probably cannot afford the various costs associated with bankruptcy such as attorney, credit counseling and filing fees. People who cannot afford the various fees can still file bankruptcy by requesting waivers for court and counseling fees and by filing bankruptcy without a lawyer, or filing pro se. You must be organized and thorough to successfully file bankruptcy while on welfare and you need to have a strong grasp of the federal and local laws bankruptcy laws.
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Instructions
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Call or go to your bankruptcy jurisdiction's courthouse and request the local bankruptcy rules and the pro se debtors guide. You can also download these documents from your bankruptcy jurisdiction's website. Read both documents carefully and get assistance from a legal aid organization if you need help understanding anything.
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Put the documentation you will need into the file folders. Place financial documents in one folder. Include proof of TANF payment, one to three months of pay stubs, six months of bank statements, your most recent tax return and a summary of your monthly household expenses including rent, groceries, utilities and transportation cost. Put documentation of you debt into a second folder. Include account statements, bills and letters from creditors. Make a list of any assets you have such as paid-for cars, real estate or other property and place it in a third folder.
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Find a U.S. bankruptcy court-approved credit course on your bankruptcy jurisdiction's website. Contact the course provider to request a waiver of the class fee. Send proof of your TANF benefits and any pay stubs. Complete the class no more than 180 days before you file for bankruptcy.
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Download the official bankruptcy petition from your jurisdiction's website or get a copy from the courthouse in person.
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Complete the means test paperwork. The means test proves to the court that your income is below the median in your state. This means you can only file Chapter 7 bankruptcy.
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Complete the rest of the petition using the documents you compiled earlier. List all sources of income and all assets because intentional omission will result in the court dismissing your case for fraud or abuse of bankruptcy. Include all debts because the court will not discharge any debts not on the petition and you will remain responsible for paying them after the bankruptcy process is complete. Consult with a legal aid organization for help with the petition if necessary.
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Go to the courthouse with the completed petition, photo identification, income documentation and the credit counseling certificate. Turn the petition and credit counseling certificate in to the court clerk and request the Chapter 7 fee waiver application. Complete the form and give it to the clerk along with your income documentation.
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Get the name of the court-appointed trustee who will over see the bankruptcy proceedings. Also ask for the date of the 341 meeting which you must attend to answer questions from the trustee and creditors about your debts, income and assets. This ends the filing portion of bankruptcy.
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