Credit Counseling

• The first thing you need to do to file for bankruptcy is receive credit counseling. Any person who is a debtor under bankruptcy is required to do so. Credit counseling helps you to organize your debts and eventually find out if you have other alternatives available to you instead of bankruptcy. If bankruptcy is your better option, the credit counseling agency helps you to decide which type of bankruptcy is best for you and whether or not you qualify for that specific bankruptcy chapter. If you and your credit counseling agency decide that Chapter 13 is the best filing for you, the credit counseling agency also helps you to develop the repayment plan you present to the court when you file your petition. You can only choose to work with an approved agency, and you must do so within 180 days before filing.
  
  

Means Test

• If you decide that the best filing for you is Chapter 7, you also need to pass the means test. The first part of this test compares your income to the average income of your state. If your income is lower or equal to the average, you can file for Chapter 7. If your income is higher, this test compares your expenses to your net income. If you have almost no income left after this comparison, you are eligible to file for Chapter 7. Otherwise, you are not eligible, and you may be able to file for Chapter 13.
  
  

Documents

• You also need to collect documents to present to the court. Documents you need regardless of the chapter for which you file are your personal information and a valid state ID, such as driver's license or a passport. You also need your Social Security Number. If you are filing jointly with your spouse, you must provide the same information for her. You are required to present a list of your assets and property with their respective documents. Assets and property include bank accounts, bonds, stock, cash and real estate. Documents showing your income are also necessary. You may present your most recent pay stubs, W-2 forms and tax return. The court will also require a schedule of all debts, even if some of these debts cannot be discharged under bankruptcy.
  
  

Specifc Documents

• Depending on the chapter, you need to present documents not included in the preceding list. If you file for Chapter 13, you need to include a copy of the repayment plan you developed with the credit counseling agency. You must also present a certificate of debt counseling signed by the agency. For Chapter 7, you need detailed information about your monthly expenses.