Bankruptcy Questionnaire Template

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Bankruptcy Questionnaire
This questionnaire is also available in English and Spanish versions, in both Microsoft Word
and Adobe Acrobat (PDF) format, on this manual’s companion website. Use the PDF format if you
wish to reprint the questionnaire, and the Word format if you want to edit the document using your
word-processing program.
Bankruptcy is a right provided by law to people who are deeply in debt and in need of a fresh
start. Bankruptcy will discharge many of your debts and you will not have to pay them, except that
mortgages and other liens may still need to be paid if you want to keep the secured property.
The law allows you to keep some money and most types of necessary property in bankruptcy.
To receive this protection, it is necessary that you list all items asked for in the following questions: if
you do not list an item, that item will not be protected in bankruptcy.
You must also list everyone to whom you owe money. If you leave out one of your creditors,
you may have to pay the money owed to that creditor or you may lose your right to a bankruptcy
discharge. It may also be considered a crime if you intentionally give false information or leave out
information.
If you have any questions about whether you can keep certain property or whether you should
list a debt, write that question down and remember to ask the lawyer. We know this questionnaire is
long. Preparing your bankruptcy papers properly takes a significant amount of time and a great deal of
information. If we work together to do so, we can protect your family from great hardship and give you
the new start the law intends you to have.
There is a filing fee of $306 which must be paid to the court in chapter 7 cases, and $281 if your
case is filed under chapter 13. If you do not have the money at the time you file, the court may allow
you up to four months to pay the fee in installments. If you are unable to pay the filing fee even in
installments, you may request that the court waive the filing fee. This right to request a filing fee waiver
applies only in chapter 7 cases. Some of the information requested on this questionnaire will be needed
to prepare a request to waive the filing fee. If you do not request a filing fee waiver or the court does not
approve your request, you must pay the filing fee to get a discharge.
You must also receive budget and credit counseling from an approved credit counseling agency
within 180 days before your case is filed. It is usually a good idea for you to meet with us before you
receive the credit counseling. We can provide you with a list of approved credit counseling agencies.
Different agencies provide the counseling in-person, by telephone, or over the Internet. You should fill
out this questionnaire before meeting with the credit counseling agency and refer to it as needed. You
will need to get from the agency a certificate showing that you received the counseling before your
bankruptcy case was filed, unless the agency provides the certificate to us directly.
Most approved agencies charge between $20–$50 for the pre-filing counseling. However, the
law requires approved agencies to provide bankruptcy counseling and the necessary certificates without
considering an individual’s ability to pay. If you cannot afford the fee, you should ask the agency to
provide the counseling free of charge or at a reduced fee.
After your case is filed, you will need to attend a meeting with the bankruptcy trustee and you
may have to appear at a court hearing. Before the court will give you a discharge, you must also
complete an approved course in personal finances. This course will take approximately two hours to

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Parent category: Financial