Federal law requires that your attorney verify certain information contained in your petition and schedules. This may require credit reports, property record searches, and past tax returns.
Notice to Creditors
You must provide a complete and accurate list of your creditors and your creditors contact information because notice to your creditors is absolutely necessary. If a creditor does not receive notice than your debt to that creditor cannot be discharged.
You must “during the 180-day period preceding the date of filing . . . receive from an approved non profit budget and credit counseling agency . . . an individual or group briefing that outline(s) the opportunities for available credit counseling.” You must receive counselor assistance “performing a related budget analysis.”
You must not file if you have been a debtor in the preceding 180 days if: “the case was dismissed by the court for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case; or [you have been a debtor in the preceding 180 days and you] requested and obtained a voluntary dismissal of the case following the filing of a request for relief from the automatic stay.”
You must disclose all previous filings.
Time required between cases.
The prior 7 case must have been commenced (Date of 1st Filing) more than 8 years before a new 7. –727(a)(8)
The prior 13 case must have been commenced (Date of 1st Filing) more than 2 years before a new 13. –1328(f)(2)
The prior 7 case must have been commenced (Date of 1st Filing) more than 4 years before a new 13 is filed. –1328(f)(1).
The prior 13 case must have been commenced (Date of 1st Filing) more than 6 years before a new 7. (if under 70% plan). –727(a)(9)
The state law that will determine your exemptions depends on where you have lived for the past 2 years. If you have not lived in one place for 2 years, the exemption determination will depend on where you lived for the 6 months before the original 2 year look back.