What Happens When You Declare Bankruptcy in Pennsylvania?

Jul 14, 2020

Before filing for bankruptcy in Pennsylvania, a number of things need to be considered. It is not something that someone can do if they can no longer keep up with their bills. Bankruptcy is a process and like most processes, there multiple things to consider before filing.

The first requirement you need to meet is the residency requirement, meaning you must have been living in the state for at least 91 out of the 180 days prior to your bankruptcy filing date. In Pennsylvania, each bankruptcy court has a certain jurisdiction and each court then handles cases in certain geographical regions.

While there is no waiting period to file for bankruptcy, there are waiting periods for successive bankruptcy discharges. This means that there is a waiting period of at least eight years between Chapter 7 bankruptcy discharges. For other chapters this may be less.

Before filing for bankruptcy in Pennsylvania, you must take a pre-bankruptcy credit counseling course from an approved provider. Moreover, how much debt you have determines the type of bankruptcy that you may file. Your bankruptcy attorney can advise you on which Chapter may best suit your circumstances.

Before you make plans to visit a bankruptcy attorney, there are some documents that you are going to need to help the process move along as smoothly as possible, so make sure you take them with you.

Here are the documents you need to bring to your bankruptcy attorney at Melaragno, Placidi & Parini:

  • A list of all of your known debts including personal and business loans, medical bills, student loans, mortgage loans, car loans and credit card bills.
  • Bring a recent bank statement, last filed tax return and most recent pay stub.
  • You will have to gather additional documents once you decide you want to file a bankruptcy, the documents listed above will provide your attorney with sufficient information to evaluate your situation and recommend an appropriate chapter to file.

When you meet with your attorney, we will help you determine if filing bankruptcy is really the only option that you have. We can help you decide how you want to file. If you are married, you have the option to file a joint case together. If you are eligible to file together, then you will save the filing fee and attorney’s fees associated with a second filing. However, if you choose, you can also file individually without your spouse filing. Your spouse and you may file separately or jointly. Choosing how to file is related to what chapter you choose to file under. Our attorneys can help you honestly declare all your assets. Hiding assets can result in your case being dismissed or criminal prosecution.

Filing for bankruptcy is challenging. The bankruptcy process has many rules and regulations that are not always clear. This is why it is best to consult with an experienced bankruptcy attorney right away. At Melaragno, Placidi & Parini we here to help you make the right choice. Give Melaragno, Placidi & Parini a call as soon as possible. We offer a free consultation and can help you file for bankruptcy even during quarantine. Let us help you get your life back on track.

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