How to File for Bankruptcy


Do your current debts far exceed your income and ability to pay? Are you worried about what will happen if your accounts fall any further behind? If you are interested in filing for bankruptcy as a way to eliminate your debt, we advise you seek the counsel of a Twin Falls attorney at Roy, Nielson, Barini-Garcia & Platts.

Our attorneys have decades of legal experience and have helped countless individuals successfully navigate the bankruptcy process. At our firm, we believe in pursuing all types of legal options to help our clients achieve true debt relief. No matter the circumstances which led you to the brink of bankruptcy, you can trust our attorneys will do everything we can to help you achieve a fresh financial start.

Bankruptcy is not the only debt relief option. There are many alternatives to bankruptcy you may want to pursue before considering bankruptcy as your only way out of debt. If you do want to pursue bankruptcy, these are the steps you must follow when filing for bankruptcy:

  • Analyze your debt to determine if bankruptcy is right for you.
  • Review the bankruptcy exemptions you may be eligible to claim. Knowing what property and assets can be exempted from the bankruptcy process is key to determining what type of bankruptcy you wish to pursue.
  • Take the means test to determine whether you are eligible to file for Chapter 7 or Chapter 13 bankruptcy. The type of bankruptcy for which you file will have a direct impact on the remainder of the bankruptcy process.
  • For those filing Chapter 7, it will be necessary at this point to decide whether to redeem, reaffirm or surrender any property used as collateral for a secured loan.
  • Gather all of the information relating to your creditors and debt, along with any other documentation necessary to fill out your bankruptcy paperwork.
  • File your bankruptcy petition.

As soon as your petition has been filed, an automatic stay will go into effect. This will prevent creditors from continuing with any ongoing collection efforts or pursuing legal action against you for the duration of your bankruptcy proceedings. In rare situations, a creditor may request permission from the bankruptcy trustee to garnish your wages or have a lien placed on your property. We can help you dispute such requests.

Our objective is to help you smoothly navigate through the entire bankruptcy process so you can get your qualifying debt eliminated and be given a fresh financial start. If you are interested in filing for bankruptcy, speak with a Twin Falls attorney at Roy, Neilson, Barini-Garcia & Platts right away. You do not have to go through this alone. An attorney from our firm is just a phone call away.