Bankruptcy Relief

What To Expect During Bankruptcy

After You File Bankruptcy

This advice is not intended to be comprehensive or complete. It is best to seek the advice of a licensed attorney prior to the filing of a bankruptcy case.


You have to go to a “341 Meeting of Creditors.” Here the Trustee on your case will ask you questions. Creditors also have the right to show up and ask questions but they rarely do. What is needed between filing and Court:

  1. Tax returns and 90 days of paycheck stubs counting back from the date of filing, if not already provided to your attorney.

What is needed at Court:

  1. Proof of I.D. --Usually your driver's license, but any government-issued form of I.D. Will be accepted.
  2. Proof of Social Security Number—The Social Security Card is best but most Trustees will accept a w-2 or a health card with your social security number on it. Most trustees WILL NOT accept a tax return as proof and most paycheck stubs will only contain the final 4 digits of the social security number. 
  3. A bank statement for each bank account that was open at the time of the filing of the case. The Trustee needs the statement that you receive between filing and the Court Date. 
  4. Sometimes cases that appear to be “close call” regarding eligibility between chapter 7 and chapter 13 will gain the attention of the US Trustee, and the UST may send a letter or e-mail to the debtor's counsel in advance of Court to try to evaluate the case prior to court. If your attorney sends you a request for additional information, do your best to get together all those items as soon as possible. 

What is needed after the 341 Meeting of Creditors:

  1. Any item requested by the Trustee in your case at the time of the hearing. Your attorney will be able to let you know what these items are.
  2. Any item requested by the US Trustee who supervises the activity of the appointed Trustee. 
  3. Complete the 2nd credit counseling class called the “Financial Management” class. Provide to your attorney a copy of the certificate as soon as possible after the filing of the case.
  4. Any item ordered by the Judge in your case.
  5. If you have questions about your case, it is best to call your attorney. The Trustee in your case does not represent you and most likely will not speak to you. 

After Discharge

After you receive your discharge you will want to take certain steps:

  1. Keep a copy of your schedules. Later on you will wonder whether you remembered to list a creditor and your schedules are the best source of that information. 
  2. Keep a copy of your discharge letter. If this is the only thing you do after discharge—do this one! You will find that you will be asked over the years for bankruptcy information about your case and the discharge letter is great for this purpose. 
  3. Buy a file cabinet-even if it is a small one. I used a two-drawer file cabinet for a number of years as a bedside table next to my bed. I use one drawer for financial matters. Then I make one file for each creditor or expense, one for each tax year (for a tax return), another for general receipts for purchases, and one for warranties and manuals. The OTHER drawer I use for personal stuff like recipes, kids' report cards, valentines and letters I want to keep from friends and relatives. 
  4. Pay any reaffirmed debts on time.
  5. Take steps to rebuild your credit. Don't make the mistake of saying “I will never use credit again.” You will want to reestablish good credit to help you the rest of your life. See our section on building credit. 
  6. Live your life, save money for a vacation, have kids—they are a lot of fun. If you have kids cherish them, they grow up fast. 
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