If you have decided to file bankruptcy and you anticipate filing bankruptcy in April, you will need to provide your attorney your paycheck stubs for October through March. It also means that, if you get a paycheck in April, you will need to get those checks to your attorney as well. It’s very important to organize the documentation so that it is not a mass of paperwork becoming a creature unto itself. Your bankruptcy attorney or bankruptcy service will appreciate it and your case will progress much faster.
If you fail the means test and you do not have extenuating circumstances, according to the results of the means test you have disposable monthly income of at least $167, the only bankruptcy you can file is a Chapter 13. When it comes to discharging or wiping out unsecured debt, chapter 7 is usually preferred, but Chapter 13 is still a good option. Under Chapter 13 bankruptcy filing, your attorney would prepare a written plan that will require you to pay only the amount of unsecured debt that you can afford to pay. Any remaining balance owed to unsecured creditors would be discharged at the conclusion of the plan. While you are in a Chapter 13 bankruptcy, the automatic stay will keep your creditors from attempting to collect the debt you owe, which means no collection calls or letters. Additionally, your creditors are not allowed to continue to charge interest on the money you owe all in Chapter 13. So, even if the means test does not allow you to file Chapter 7 bankruptcy, you may still get tremendous relief from filing a Chapter 13, but only your bankruptcy lawyer can tell you for sure.
