how to file for bankruptcy chapter 11 without a lawyer

If you’re filing without a lawyer, then you’ll have to print out your bankruptcy forms so you can bring them to the bankruptcy court. Important information to remember: Use regular, letter-size paper (8.5 x 11 inches).

Full Answer

Can I file Chapter 11 bankruptcy without credit counseling?

In addition, no individual may be a debtor under chapter 11 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111.

Can I file bankruptcy without a lawyer?

But if you have no money, you can ask for a fee waiver (in Chapter 7 cases) or ask the bankruptcy judge to roll the payment in your repayment plan (in Chapter 13 cases). While in some cases you can file bankruptcy without a lawyer, there are exceptions, depending on the type of bankruptcy. Some examples include:

How does a Chapter 11 bankruptcy case start?

A chapter 11 case begins with the filing of a petition with the bankruptcy court serving the area where the debtor has a domicile, residence, or principal place of business.

Can I afford a Chapter 7 bankruptcy lawyer in New York?

Filing a Chapter 7 bankruptcy in New York may be the most responsible option for you, your family, and your creditors, who are otherwise just competing with one another over money you can't afford to pay them. Not everyone who needs to file bankruptcy can afford to hire a bankruptcy lawyer. The good news is, you don’t have to.

Can you file Chapter 11 personally?

Almost any person or business is allowed to file for Chapter 11 bankruptcy. Because there are no limitations or requirements about the amount of debt or income for the entity doing the filing, Chapter 11 is available to most individuals, corporations, partnerships, joint ventures and limited liability companies.

Can a bank file for Chapter 11?

Most banks (and nearly all big banks) are owned by bank holding companies. 29 Bank holding companies can, and do, file for bankruptcy, but their bank subsidiaries are ineligible for bankruptcy relief.

Can you be denied Chapter 11 bankruptcy?

If the petition was dismissed due to the debtor's failure to appear in court or respond to court requests, a subsequent bankruptcy petition may be rejected. A Chapter 11 petition may also be denied if, in the 180 days before filing, the filing entity fails to get credit counseling from an approved organization.

Who is not eligible for Chapter 11 bankruptcy?

The only exception to filing a Chapter 11 is a stockbroker or commodity broker, which is not permitted to file a Chapter 11, but may file under special provisions under a Chapter 7.

Does Chapter 11 wipe out all debt?

Chapter 13 bankruptcy eliminates qualified debt through a repayment plan over a three- or five-year period. Chapter 7, Chapter 11 and Chapter 13 bankruptcies all impact your credit, and not all your debts may be wiped out.

What happens to your debt when you file Chapter 11?

Most Chapter 11 debtors receive a moratorium on the payment of most of their general unsecured debts for the period between the filing of the case and the confirmation of a plan. This period usually lasts for six to twelve months.

What bankruptcy clears all debt?

Chapter 7 bankruptcy is a legal debt relief tool. If you've fallen on hard times and are struggling to keep up with your debt, filing Chapter 7 can give you a fresh start. For most, this means the bankruptcy discharge wipes out all of their debt.

Does the trustee monitor your bank account?

While your trustee will most likely periodically check all of your financial accounts such as your bank accounts, in order to ensure that you have enough money to continue making your bankruptcy payments, they are not permitted to touch any of your funds, other than the funds which are allocated for your secured loan ...

Which of the following debts can be avoided by bankruptcy?

Unsecured claims are those for which creditors have no lien of specific assets. Claims for alimony and child support can be avoided by bankruptcy. Debts due on a judgment for intentional injury to others cannot be avoided by bankruptcy.

How much debt does it take to file bankruptcies?

There is no minimum debt to file bankruptcy, so the amount does not matter. Examples of unsecured debts include credit card debt, cash advance (payday) loans, and medical bills. Secured debts: If you are behind on a house or car payment, this may be a very good time to file for bankruptcy.

Can you keep a credit card in Chapter 11?

Probably not. Most credit card agreements have a term, which says that if you file for bankruptcy, then they can close the account. The credit card company almost always has the right to cancel the account at their sole discretion.

Which is better Chapter 11 or Chapter 13?

Both Chapters 11 and 13 bankruptcy provide debt reorganization solutions for people struggling financially. Chapter 11 bankruptcy works well for businesses and individuals whose debt exceeds the Chapter 13 bankruptcy limits. Chapter 13 is often the better choice for individuals and sole proprietors.

How long does a Chapter 7 bankruptcy last?

A Chapter 7 is what you think of as a traditional bankruptcy, where you walk away from your debt and get a fresh start. A Chapter 7 case lasts for a significantly shorter amount of time than a Chapter 13 case. A Chapter 13 can be much more complicated. A Chapter 13 involves a repayment plan that will run for three to five years.

How to determine if you qualify for Chapter 7?

First you will need to determine if you are eligible to file a Chapter 7 by passing the means test. If you are below a certain threshold for your state you will qualify, otherwise you need to complete both parts of the means test calculation to determine your disposable income.

What to do after 341 hearing?

After you have attended your 341 hearing and presuming there is no follow-up needed (such as filing amendments to your documents) you simply need to wait to receive your Notice of Discharge, which is the successful ending to your case. Make certain to keep a copy of this document somewhere safe.

What is a court appearance in Chapter 7?

Court Appearance. There is a single court appearance in a Chapter 7, which is called a section 341 hearing or a Meeting of Creditors. You need to attend this meeting when scheduled, and you will appear before a Trustee and answer questions about your paperwork.

What are non-dischargeable debts?

There are also debts which are non-dischargeable in a bankruptcy case. Non-dischargeable debts include things like child support, alimony, most tax debt, etc. If the bulk of your debts are non-dischargeable a Chapter 7 bankruptcy may not offer the relief you are seeking.

Is bankruptcy good for unsecured debt?

Bankruptcy is most helpful to people with unsecured debt, like credit cards and medical bills, because these kind of debts are dischargeable. You can potentially walk away from them completely. Secured debts are those which are tied to a specific item as collateral.

Do I need an attorney to file for bankruptcy?

You are not required to hire an attorney to file bankruptcy. You can do so for free, or with a legal aid organization. Written by Attorney Eva Bacevice. Updated October 7, 2020.

How to help a bankruptcy lawyer?

The following is a list of ways your lawyer can help you with your case. Advise you on whether to file a bankruptcy petition. Advise you under which chapter to file. Advise you on whether your debts can be discharged. Advise you on whether or not you will be able to keep your home, car, or other property after you file.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

Can I file for bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

What is an automatic stay in bankruptcy?

The automatic stay provides a period of time in which all judgments, collection activities, foreclosures, and repossessions of property are suspended and may not be pursued by the creditors on any debt or claim that arose before the filing of the bankruptcy petition. As with cases under other chapters of the Bankruptcy Code, a stay of creditor actions against the chapter 11 debtor automatically goes into effect when the bankruptcy petition is filed. 11 U.S.C. § 362 (a). The filing of a petition, however, does not operate as a stay for certain types of actions listed under 11 U.S.C. § 362 (b). The stay provides a breathing spell for the debtor, during which negotiations can take place to try to resolve the difficulties in the debtor's financial situation.

What is a chapter 11 committee?

The committee is appointed by the U.S. trustee and ordinarily consists of unsecured creditors who hold the seven largest unsecured claims against the debtor. 11 U.S.C. § 1102. Among other things, the committee: consults with the debtor in possession on administration of the case; investigates the debtor's conduct and operation of the business; and participates in formulating a plan. 11 U.S.C. § 1103. A creditors' committee may, with the court's approval, hire an attorney or other professionals to assist in the performance of the committee's duties. A creditors' committee can be an important safeguard to the proper management of the business by the debtor in possession.

How long does a debtor stay in possession?

A debtor will remain a debtor in possession until the debtor's plan of reorganization is confirmed, the debtor's case is dismissed or converted to chapter 7, or a chapter 11 trustee is appointed. The appointment or election of a trustee occurs only in a small number of cases.

What is the role of a trustee in bankruptcy?

The U.S. Trustee or Bankruptcy Administrator. The U.S. trustee plays a major role in monitoring the progress of a chapter 11 case and supervising its administration. The U.S. trustee is responsible for monitoring the debtor in possession's operation of the business and the submission of operating reports and fees.

How long does it take to file a small business plan?

In a small business case, only the debtor may file a plan during the first 180 days after the case is filed. 11 U.S.C. § 1121 (e).

Is an examiner required in a chapter 11 case?

The examiner is authorized to perform the investigatory functions of the trustee and is required to file a statement of any investigation conducted.

Can a bankruptcy discharge be made non-dischargeable?

It does not, however, discharge an individual debtor from any debt made nondischargeable by section 523 of the Bankruptcy Code. (1) Moreover, except in limited circumstances, a discharge is not available to an individual debtor unless and until all payments have been made under the plan. 11 U.S.C. § 1141 (d) (5).

How can a bankruptcy lawyer help you?

How a bankruptcy lawyer can help. Our advice is to avoid the risks of pro se filing and seek the proper legal services. After you choose a bankruptcy attorney, they help you through the filing process. An attorney can help you: Decide if bankruptcy is right for you, and if so, which chapter.

How to know if bankruptcy is right for you?

Decide if bankruptcy is right for you, and if so, which chapter. Understand which debts can be discharged and which cant. Accurately fill out your bankruptcy forms. Know what tax consequences to expect. Understand which assets you can keep. This is just a small sample of what a bankruptcy attorney can do for you.

What is the pro se filing system?

It’s called filing pro se, and it can apply to individual bankruptcy filings, too. “Pro se” is a Latin phrase that means “for oneself” or “for one’s own behalf.”.

What happens if you don't file Chapter 13?

In personal bankruptcy, if your Chapter 13 plan is rejected and you don’t qualify for Chapter 7 under a means test then you won’t be able to file. Bankruptcy is a complex process with lots of regulations and steps to follow. If you don’t do this correctly, your petition to file can be dismissed. If you don’t file correctly, discharge can be denied. ...

How to give up assets when you don't have to?

The last thing you want to do is give up an asset when you don’t have to. Redeem or reaffirm your debts. This may involve filing multiple motions with the court. Fill out and file the forms. They can be confusing, and it’s important to fill them out correctly. Pay the filing fee or request a fee waiver.

What happens if you don't file a petition for discharge?

If you don’t do this correctly, your petition to file can be dismissed. If you don’t file correctly, discharge can be denied. You can always file again with an attorney if your case is denied the first time, but it can be problematic to get discharge approved on the same debt if it’s already been denied once.

Can you file bankruptcy without an attorney?

Of course, just because you can do something it doesn’t mean that you should. Even on the official website for United States Courts it states: “While individuals can file a bankruptcy case without an attorney or “pro se,” it is extremely difficult to do it successfully.”.

How to file for bankruptcy in Louisiana?

First, you don't have to hire a lawyer (though it sometimes saves money in the long run to do so), and, if your income is less than 150% of the federal poverty guidelines, the court can waive the filing fee for you. Collect Your Louisiana Bankruptcy Documents. Take Credit Counseling. Complete the Bankruptcy Forms.

How long do you have to collect paycheck stubs to file for bankruptcy in Louisiana?

Most people start by gathering their paycheck stubs for the last 6 months so they can make sure they are eligible to file a Chapter 7 bankruptcy in Louisiana. You should also get a copy of your credit report from each of the three credit reporting agencies.

How long do you have to take credit counseling in Louisiana?

To make sure you don't forget about this requirement after filing Chapter 7 in Louisiana, you may want to plan on taking it in the 30 days after you go to the courthouse to file your bankruptcy forms. As before, make sure you are using a company approved to offer this course for people in a Louisiana bankruptcy. When you are done, they will give you a certificate of completion that, once filed, will alert to court to the fact that you have complied with this requirement.

How long does it take to get your bankruptcy return in Louisiana?

the return you filed the year your Chapter 7 bankruptcy in Louisiana was commenced) to them so they receive it at least 7 days before your meeting of creditors.

What happens when you file Chapter 7 in Louisiana?

What a lot of people don't realize is that when people file Chapter 7 bankruptcy in Louisiana, everyone involved has the same goal: Give the honest but unfortunate debtor the chance to start anew and get their life back, while giving creditors what they are due, to the extent that is possible.

What is the job of a trustee in Chapter 7?

After filing Chapter 7 in Louisiana, a trustee is assigned to administer the case. The trustee's job includes reviewing your tax documents to confirm that the information you are providing to the IRS matches the information you provided to the Bankruptcy Court in your schedules and statements.

What happens if you don't want to keep your car in bankruptcy?

Finally, if you don't want to keep the car, your discharge will protect you from any personal liability on the car loan after you surrender it to the creditor. If you have equity in your vehicle, or you own it free and clear, Louisiana bankruptcy laws allow you to protect it up to $7,500.

How to file for bankruptcy?

The first step in preparing to file is to collect your bankruptcy documents. These are the documents you’ll need to fill out your bankruptcy petition. To make sure that you properly schedule all of your debts, get a copy of your credit report from each one of the three credit bureaus. You’re entitled to a free copy of your report from each one of them every year. Additionally, you should also collect all collection notices and letters you’ve received in the last 90 days from debt collectors and collection agencies as some of them may not yet appear on your credit report.

How long does it take to file for bankruptcy in New York?

One of the requirements everyone filing bankruptcy has to meet is completion of a credit counseling course. This course takes about 1 - 2 hours and can be taken online, by phone, or, depending on where you live, in person. The company you use to complete this requirement must be pre-approved to offer it in New York State. The Office of the United States Trustee handles the approval process, and publishes a current listing of all approved providers on their website.

How much does it cost to file for bankruptcy?

The court filing fee for a Chapter 7 bankruptcy is $338. If you are not eligible to apply for a fee waiver, but are having a hard time coming up with the fee all at once while creditors are still able to collect from you, you can file an application to pay the court filing fee in installments. This will allow you to get your bankruptcy case filed, and immediately initiates the automatic stay which prohibits your creditors from taking any further action against you.

What counties are in the New York bankruptcy court?

This district has jurisdiction over all New York bankruptcy cases filed by residents of the Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester counties, and has concurrent jurisdiction over Greene and Ulster counties. It has locations in Manhattan, Poughkeepsie, and White Plains and is currently handling 90 so-called mega cases .

How many copies of bankruptcy papers do you need to bring to court?

If you are in the Western District of New York, you have to bring three copies in addition to your original bankruptcy forms to the court.

How long can you keep your assets in New York?

As long as all of your assets are covered by the exemptions you choose to use, you can keep everything. If you have lived in the Empire State for at least 2 years when you file bankruptcy, you’re able to choose either New York bankruptcy exemptions or federal bankruptcy exemptions to protect your property.

What is the number for legal aid in New York?

Legal Aid Society of Mid-New York, Inc. (315) 793-7000.