Anyone filing for bankruptcy relief will want to have the highest odds of success possible. Fortunately, petitioning for bankruptcy is very process-oriented. If you file for the correct form of bankruptcy, send appropriate paperwork, and prove you qualify, the odds should be in your favor. Here is how bankruptcy lawyers handle the process.

Qualification

The biggest possible problem in most bankruptcy cases is people who don't qualify for a particular type of relief asking for it anyhow. If someone doesn't have the financial means to pull of a repayment plan under Chapter 13, for example, a judge will likely dismiss the case. Further, the court will probably encourage them to file again under Chapter 7.

Notably, Chapter 7 qualification is much more straightforward than qualifying to restructure your debts under Chapter 13. Generally, a person qualifies for liquidation of assets under Chapter 7 if they make less than half their state's median income. Someone who makes more may still qualify, but they'll have to submit to means testing and prove they can't afford to pay their outstanding debts.

Qualifying for restructuring under Chapter 13 or 11 starts with proving you have enough income to pay. You'll have to submit a plan, and the judge will determine if it's appropriate.

You should speak with a bankruptcy lawyer before you choose how to file. They can review your debts and finances to determine if you're likely to qualify.

Supporting Paperwork

When you petition the court for relief, the paperwork goes to the court fast and heavy. Now, a bankruptcy attorney can hold off on filing if you're not ready. But, once you dive in with a petition, the court will want to see supporting documents covering your debts, income, and eligibility within a couple of weeks. A strong argument for retaining the services of a bankruptcy lawyer is to make sure you send in all of the paperwork and don't mess any of it up.

Naming Creditors

One of the biggest possible slipups in a bankruptcy case is leaving creditors unnamed. If a petitioner doesn't name all the creditors, then those parties have the right to continue pursuing collection even after the court grants relief.

Also, a court can't issue a stay of collection actions against any creditor unnamed in the case. That means they can harass you with phone calls, emails, texts, and letters like they've been doing. Contact creditors and get their corporate names and business addresses so you can clearly identify them. For more information, contact a bankruptcy attorney.