Bankruptcy Filing

• 1). Determine whether bankruptcy is your only or best possible option. Although it no longer carries the stigma it once did, bankruptcy nonetheless affects your future for years to come. Consider consulting with an attorney for advice regarding whether to file for bankruptcy, and which kind of filing--Chapter 7 or Chapter 13--is most suited to your circumstances.
  
  
• 2). Ascertain whether you qualify for a Chapter 7 bankruptcy filing based on your income. To be eligible for Chapter 7, your income must be less than the state median (for your family size) in Vermont. State median incomes are published by the Census Bureau. If you do not qualify for Chapter 7, a Chapter 13 "restructuring" or "debt consolidation" bankruptcy filing would be an option.
  
  
• 3). Decide which of the exemption schemes you would like to use in your Chapter 7 filing. One scheme is federal, and the other is part of Vermont state law. Either scheme determines the type and amount of any personal assets you are allowed to keep after filing for bankruptcy. The details differ between federal and Vermont exemptions schemes, but the following properties are exempt under either scheme: up to $500 of jewelry; up to $700 in bank deposits; the greater of 30 times the federal minimum hourly wage, or 2.75 percent of your weekly disposable earnings; any workers' compensation monies; retirement accounts that are self-directed; up to three swarms of bees, their honey and hives; other livestock--one cow, 10 sheep, two goats, 10 chickens and their feed for one winter; household goods up to a value of $2,500; and a motor vehicle with a value up to $3,225 ($6,450 for married couples).
  
  
• 4). Complete mandatory credit counseling. A list of approved agencies is published by the U.S. Trustee Program. There is typically a fee of between $30 and $50 for counseling, but in some circumstances this fee may be waived.
  
  
• 5). Complete all necessary bankruptcy forms and paperwork, available from the U.S. Courts website. These will include a bankruptcy petition, a schedule of assets and liabilities, proof of your current income and expenditures, the debts which are to be covered by the Chapter 7 bankruptcy, a means test, copies of contracts and leases, and a schedule of assets to be exempted from the bankruptcy. Consider using an attorney, a bankruptcy paralegal or commercially available bankruptcy software--which helps you create the forms through a series of interview-like questions--if you are unsure how to fill in these bankruptcy forms. The forms are not particularly user-friendly and require knowledge of bankruptcy law.
  
  
• 6). File all completed paperwork, your bankruptcy petition and your credit counseling certificate with the federal bankruptcy court. The filing should be made with the bankruptcy court with jurisdiction over the area in which you live or own a business. The U.S. bankruptcy court in Vermont is located in Rutland, with court held in both Rutland and Burlington, Vermont.
  
  

Personal Injury Suit

• 1). Ensure your personal injury claim is within the statute of limitations. In the state of Vermont, the statute of limitations is three years for a personal injury claim. This means that if a claim is not settled or a suit filed within three years of the date of injury, you cannot sue for monetary damages.
  
  
• 2). Prepare a complaint for filing with the Civil Division of the Vermont Superior Court (see the Resources section). Again, you may wish to consult with an attorney licensed in the state of Vermont for assistance in filing your personal injury suit. Paralegals offer a lower cost option, but are not qualified or allowed to give legal advice or to represent you in court. The Civil Division is designed for litigants who have legal representation, although there is no prohibition against "pro se litigants" (people representing themselves in court cases). However, to appear in the Civil Division it is required that a person is familiar with both the Vermont Rules of Civil Procedure, and also with the Vermont Rules of Evidence.
  
  
• 3). File your complaint with the Vermont Superior Court in the county in which you live, or in which the injury occurred. Each of the Vermont counties has its own superior court: Addison, Bennington, Caledonia, Chittenden, Essex, Franklin, Grand Isle, Lamoille, Orange, Orleans, Rutland, Washington, Windham and Windsor.