- 1). Gather documentation that pertains to your disability such as a statement from your doctor or medical records. Also include paperwork to show how much money you receive from a job or from Social Security Disability or Supplemental Security Income. You must provide your most recent tax return and at least three months of bank statements.
- 2). Take a 60- to 90-minute credit counseling course online, in person or over the phone and receive a certificate to file with your petition. Find a list of class providers on your bankruptcy jurisdiction's website. Request a waiver of the class fee from the provider by showing proof of low income due to your disability.
- 3). Download the U.S. bankruptcy petition from your bankruptcy jurisdiction's website or request it from an attorney.
- 4). Take the means test to determine if your income is high enough to file Chapter 13 or if you must file Chapter 7. If you are unable to work because of your disability, your income is likely too low to qualify for Chapter 13.
- 5). Complete the rest of the bankruptcy petition schedules with honest information about your debts, assets, expenses and income.
- 6). File the petition through your lawyer or send it to the courthouse on your own. Pay the filing fee which is $299 for Chapter 7 and $274 for Chapter 13.
- 7). Wait for the court to send you a date for the 341 meeting which you must attend so creditors and the court-appointed trustee can interview you about your petition. Go to the meeting and give the trustee details about your disability, income, assets and expenses if she requests them. Since creditors usually do not attend, the meeting lasts, on average, approximately 20 minutes. If your disability does not allow you to attend the meeting in person, you can request a telephone meeting. You must supply proof of your disability to the trustee before she can approve your request.
previous post