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Information for Debtors

“NOTICE TO ALL DEBTOR’S READ THIS BEFORE YOU FILE YOUR CASE!”

Filing for bankruptcy may be done without an attorney. However, it is highly recommended that you retain the services of an attorney to guide you through this complex process. The bankruptcy laws are very technical and you are required to complete and sign, under penalty of perjury, various official forms. Your failure to complete these forms truthfully and timely may result in the dismissal of your case and may adversely affect any future bankruptcy filing.

If you filed for bankruptcy in the past, the manner in which that case was disposed of may further complicate a new bankruptcy case. You may not be eligible to receive the protection of the automatic stay, the automatic stay may be limited or you may not be eligible to receive a discharge of debts. These are issues that warrant the advice of competent legal counsel.  Bankruptcy for a debtor has long-term financial and legal consequences. This court strongly encourages you to obtain the assistance of an attorney.

If you need help finding a bankruptcy attorney or you feel you cannot afford an attorney, please use the links below for legal assistance resources.

To read more about filing without an attorney click here.

BEFORE YOU FILE FOR BANKRUPTCY, YOU MUST OBTAIN CREDIT COUNSELING AND INCLUDE AN OFFICIAL CREDIT COUNSELING CERTIFICATE WITH YOUR PETITION. CLICK HERE TO VIEW APPROVED CREDIT COUNSELING AGENCIES. (Also link to the Credit counseling page).

It is very important that you comply with this provision of the Bankruptcy Abuse and Consumer Protection Act of 2005. Your failure to obtain credit counseling BEFORE you file for bankruptcy will result in the dismissal of your case. If your case is dismissed, you may not be allowed to file another petition for 180 days. If you file another case within one year of the dismissal, the protection provided by the Bankruptcy Code may be limited. Please be aware that it is very difficult to obtain credit counseling after your petition is filed. There are specific exceptions to the credit counseling requirement as set forth in 11 U.S.C. §109(h)(4)