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Last minute bankruptcy filing tips
5 Tips: What you need to know before the new bankruptcy law takes effect.
October 7, 2005: 12:42 PM EDT
By Gerri Willis, CNN/Money contributing columnist

NEW YORK (CNN/Money) - Declaring bankruptcy is about to get ugly. On October 17th, a new bankruptcy law will make it harder for people with incomes higher than the average to file for bankruptcy.

People will have to file complicated forms, pay higher filing fees and take credit education courses before even getting to file. Americans are rushing to get their filings in before the deadline. According to a company that tracks the filing stats, the number of filings is unprecedented.

In today's top 5 tips we're going to tell you what you can do if you're a last minute filer.

1. Fill out a skeleton form

You'll be able to get in just under the wire if you fill out a skeleton form of a bankruptcy petition. This is a two-page document (officially called a voluntary petition) that gives a thumbnail sketch of your debts and assets. If your lawyer files electronically, you may even have until Oct. 16th to file this.

The beauty of filing this skeleton form is that you'll get 15 extra days to get the rest of your paperwork together, according to Stephan Elias, the co-author of "How to File for Chapter 7 Bankruptcy." But you must adhere to the 15-day window, or your case will be dismissed.

To get started, download this form at www.uscourts.gov and then click through the bankruptcy forms until you get to the voluntary petition form.

You will also need to list your creditors, their addresses and what you owe them before bringing them down to your local bankruptcy court. The fee for this filing is $209.

2. Check off your laundry list

The actual filing process can be done in half a day, according to John Penn of the American Bankruptcy Institute. But the problem is that most people don't have the information on hand. So get your paperwork together now!

You'll want the names, addresses and amount of money you owe creditors. You'll want to gather your most recent credit card statements, your bank accounts, pay stubs. You'll want to get the vehicle identification number on your car.

If you own a home, you'll want the home property description on the deed. You'll also need to have a general inventory of the property in your home and what the replacement costs may be.

You should also have a list of your living expenses. This includes what you spend on utilities, education costs, grocery bills and clothing bills. Keep in mind that you don't necessarily need original documents, so faxes or copies of these items will suffice.

3. Find a lawyer in a pinch

Attorney fees are expected to double and finding a bankruptcy lawyer so close to the deadline is no easy task.

Your first move should be to get recommendations. Word of mouth is the way to go. After asking family and friends, check with your local bankruptcy court clerk. Elias says they often make recommendations about solid lawyers. Your local bar association also has a referral panel that you can tap into.

Your next option should be certified organizations. You can get a list of bankruptcy lawyers in your area at the American Board of Certification Web site. Attorneys who are certified by the American Bankruptcy Institute have had to meet additional standards. You can also go to the National Association of Consumer Bankruptcy Attorneys at www.Nacba.org.

Make sure you're getting the service you deserve. Make a one-on-one appointment with a lawyer and make sure they are listening. It's important that the legal gobbledy-gook is absent from conversations. If your lawyer can't explain what they're doing in plain English, it's quite possible they don't understand their material very well.

4. Hold on to your house

In a Chapter 7 Bankruptcy, otherwise known as a fresh start, you are more likely to have your home sold than if you filed for Chapter 13 Bankruptcy that eliminates foreclosure risk, but requires you to make payments toward debt.

If you're thinking about filing for Chapter 7, don't underestimate your home's value. Most states will protect your home to a certain value. Massachusetts for example will protect you up to $500,000 while other states like Ohio will only provide $5,000 worth of protection.

This is called the Homestead exemption. If the state can make more money selling your home above the homestead exemption, you'll likely be sent packing. This is not the case in some states like Florida, Texas, Arkansas, Iowa, Kansas, Oklahoma, South Dakota or Washington DC where there are more homeowner protections in bankruptcy proceedings.

To get the value of your home, check out local real estate comparisons at www.domania.com or by calling a real estate agent.

If you're behind on mortgage payments but you want to keep your home, your best option is to go into Chapter 13. This way you're able to work out a re-payment plan.

5. Double whammy for hurricane victims

Hurricane Katrina survivors are in for a double whammy. The storm will cause more people to declare bankruptcy and those who had hoped to get their paperwork done before the deadline, may now find themselves shut out of their neighborhoods.

It's no secret that natural disasters cause more bankruptcy filings. In fact, states hit by hurricanes usually have one and a half times more filings than the rest of the country ,according to Robert Lawless of University of Nevada.

But there's still hope. File a skeleton petition with a lawyer you trust, even if you have been displaced, recommends Penn. You may be able to get a 45-day extension.

If you can't find a lawyer you used in Louisiana, go to the state's bar association at www.lsba.org to search for your attorney. You can also post a message on the Mississippi Bar Association's message board at www.msbar.org if you're looking for a law firm.

If you have no choice but to file under Chapter 13, the federal government has taken some steps to alleviate the headache. For example, filers won't be penalized if they don't have all the necessary documents. In addition, people affected by the storms will not have to take the required credit counseling courses before they file for bankruptcy.


Gerri Willis is a personal finance editor for CNN Business News and the host for Open House. E-mail comments to 5tips@cnn.com.  Top of page


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