1. Filing Bankruptcy
Steps to Success
Allan R. Bloomfield, Esq.
118-21 Queens Blvd., #617
Forest Hills, New York 11375
(718) 544-0500

2. Which Chapter?
Most people want to file Chapter 7, in which you do
not have pay anything back.
In Chapter 13, you have to pay something back in
monthly payments over 36 to 60 months.
You may WANT to file Chapter 13 because it may
allow you to keep a house you might lose under Chapter 7,
and for other reasons.
This presentation is about Chapter 7.

3. Can You File Chapter 7?
• In order to file for Chapter 7, you have to be below the
Median Family Income.
• First determine your family size. An individual living
alone is a family of one. A married couple (even if ony
one spouse is filing) with no children is a family of two. A
married couple with one child is a family of three. And so
on.
• A family of one can earn up to $47,790.
• A family of two can have combined earnings of $59,308.
• A family of three can earn $69,052.
• A family of four can earn $83,209.

4. Above Median Income
If you are above the median income, but not by
much, there are certain deductions that can be taken and
allow you to still qualify for Chapter 7.
If you are above the median income by a substantial
amount, you would have to file under Chapter 13. Usually,
if you have to file for Chapter 13 you will have enough
funds to afford the payments, which can be only a few
cents on the dollar.

5. What You Need To File
There may be many documents you need to gather
to get ready to file. These are the basic ones:
1. All of your bills for your credit cards, mortgages, loans,
hospital bills and any debt you want to discharge.
2. Your paychecks for the past 7 months, or as many of
them as you can find.
3. Your last two tax returns.
4. Any letters or legal papers you have received from
collection agencies or lawyers.
5. Anything else you think your lawyer might want to see.

6. The First Consultation
Many people desire to have a first consultation with
a lawyer to learn about bankruptcy and decide if it is the
right things for them. Often these consultations are free.
At this consultation, feel free to ask questions,
especially if you have any unusual aspects to your case.
You should be sure you know what the legal fees will
be and whether there would be any additional fees, and if
so, what they would cover.

7. When You Decide To File
When you decide to file, you will have a meeting with
your lawyer at which he will ask you many questions:
• Basic information, such as name, address, social
security number, etc.
• What assets you own – bank accounts, cars, real estate,
pension benefits, etc.
• Who you owe money to – your creditors.
• Your earnings and expenses.
• Lawsuits filed against you, recent uses of credit cards,
previous address, and more.

8. Executing Your Papers
After all the questions are answered and you give
your attorney the papers he asks for, you will have to sign
your papers. Take the time to read them over so you know
what is in them. While it is true you can amend them later if
there are mistakes, it is best to file accurate papers the first
time.
Your attorney can easily make changes to your
papers while you are there, so do not be bashful.

9. Filing
Your papers are filed from your attorney’s office with
the Court electronically. The filing includes:
1. Your petition, schedules, statement of affairs and other
papers.
2. A certificate showing you completed the required pre-
filing counseling. Your attorney will have set this up for
you.
3. Your recent paychecks.

10. Your Court Date
Between 4 and 5 weeks after the filing, you will have
to appear in court and answer questions from a trustee,
who is an attorney appointed by the court to administer
your case. There is no judge present, and it is not in a
courtroom.
This hearing usually takes only a few minutes,
although you may have to wait a while to have your case
called.

11. Getting Your Discharge
You must complete one more counseling session to
get your discharge. Again, your attorney will set this up for
you. You can do this counseling right after your case is
filed, and has to be completed by 45 days after you appear
in court. If you do not complete this session, you will not
get your discharge.
If you did the second counseling and there are no
problems with your case, you will get your discharge about
65 days after you are first in court.

12. To Go Further
For further information, including information on
Chapter 13, please visit our website at:
www.bankruptcyqueens.com
Allan R. Bloomfield, Esq.
118-21 Queens Blvd., #617
Forest Hills, New York 11375
(718) 544-0500