The certification should include an estimate of the payments received from your employer within 60 days before filing your bankruptcy petition, and also should include any other evidence (such as bank statements showing deposits from your employer) of the payments received.
Bankruptcy law requires that you complete credit counseling within 180 days before you file a bankruptcy petition. Also, Part 5 of the Voluntary Petition (Explain Your Efforts to Receive a Briefing About Credit Counseling) must be completed. The Office of the United States Trustee has a list of approved credit counseling agencies .
The Bankruptcy Judges Advisory Group of the Administrative Offices of the United States Courts, Bankruptcy Judges Advisory Group has developed a new web page for individuals who are thinking of filing a bankruptcy petition without an attorney. The page also provides links and videos to resources for Bankruptcy Basics, Credit Counseling, Legal Services, Foreclosures, and Petition Preparers.
For Chapter 7 case only, if you cannot afford to pay the full filing fee or in installments, you may request a waiver by submitting an Application to Have the Chapter 7 Filing Fee Waived ( Official Form 103B). The Court will thereafter enter an order to either 1) waive the filing fee; 2) order payment to be paid in installments; 3) pay the filing fee in full; or 4) set the matter for hearing. You may obtain information about the application and the poverty guidelines from the US Courts website.
Bankruptcy law can be complicated and debtors should, if possible, obtain information/advice from an attorney or a legal aid service experienced in bankruptcy law. If you are representing yourself without the benefit of an attorney, you are known as a "pro se" debtor. The information contained in this page is not intended to advise you ...
You must submit the previous year's tax returns to the case trustee not later than 7 days before the date first set for the first meeting of creditors. Failure to submit the tax documents may result in your case being dismissed. Unless otherwise instructed, do not submit your tax returns for filing to the Court.
The mailing matrix (list of creditors) must be filed at the same time the bankruptcy petition is submitted to the Court – even if your creditors are already documented in the other forms that accompany your petition.
You will need to fill out a petition and schedules and be certain to list all of your assets and creditors. In order to make certain that you are properly listing all of your creditors you should get a copy of your credit report. You can request a free copy here.
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After you have attended your 341 meeting and presuming there is no follow-up needed (such as filing amendments to your documents) you simply need to wait to receive your bankruptcy discharge. Make certain to keep a copy of this document somewhere safe.
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.
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.
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.
There are two debtor education courses you will have to take. You will take the first course before you file, and the second course after you file.
Download the bankruptcy forms package to save the time and stress involved in tracking down the necessary materials. The packages are inexpensive and provide you with all the forms you need to file for Chapter 7 bankruptcy in your state.
In general, you need to at least pay a filing fee and the credit counseling and financial management course fees to finalize your bankruptcy petition. 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).
Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors. Take a look at the U.S. Trustee Program's site to find an approved course near you. After you've completed the course, the last step is to wait to hear from the bankruptcy court whether your debts have been discharged.
You'll need all three reports because creditors don't typically report to every bureau. If you fail to report a debt, it won't be discharged in bankruptcy. Next, you'll have to complete a credit counseling and financial literacy course.
You'll have to attend your “ Meeting of Creditors " on the scheduled date. Although your creditors won't actually be present , the trustee will be and will ask you a number of standard questions about your case. Be sure to answer truthfully and accurately.
Even though your case is relatively uncomplicated, a bankruptcy case requires you to fill out extensive paperwork and have a good knowledge of the Bankruptcy Code. Thus, it may be in your best interest to at least have an initial consultation with an attorney to make sure you are on the right course.
If you are not comfortable with any aspect of the bankruptcy process, you should consider hiring an attorney who will prepare the forms, attend the hearings with you, and guide you through the process. Talk to a Bankruptcy Lawyer.
A good bankruptcy petition preparer will have up-to-date bankruptcy computer software that will generate the documents quickly and relatively easily. And most bankruptcy petition preparers charge low fees, especially compared to lawyers.
As a result, some attorneys limit their bankruptcy practice to Chapter 7 because they feel they are not qualified to handle Chapter 13. And, an overwhelming majority of Chapter 13 cases filed without an attorney get dismissed by the court.
You might want to file a Chapter 13 bankruptcy because you wish to catch up on mortgage arrears, get rid of your second mortgage, cram down (reduce) your car loans, or pay back nondischargeable priority debts, such as back taxes or support arrears. Or maybe you make too much money to qualify for a Chapter 7 bankruptcy. No matter your reason, most Chapter 13 cases are too difficult to file on your own.
You charged a luxury item less than 90 days before you filed for bankruptcy.
homeowners' association dues assessed after filing for bankruptcy. retirement plan loans. money borrowed to pay off nondischargeable tax debt (for instance, the credit card debt incurred after using your account to pay a tax bill), and. debts determined nondischargeable in a previous bankruptcy.
Also, you must file the bankruptcy papers yourself and represent yourself in court. In other words, you are responsible for your case. You act as your attorney and use the bankruptcy petition preparer as a typing service that transposes the information you give them onto the official forms.
You can inquire about local bankruptcy forms by contacting the bankruptcy court nearest to where you live. In most cases, the local courts provide free bankruptcy Chapter 7 forms that are specific to their court.
Chapter 7 can help you get rid of debts you cannot pay. By using free bankruptcy Chapter 7 forms, you can get rid of debts including: 1 Medical bills 2 Credit card debts 3 Personal loans 4 Judgment debts 5 Old rent and lease payments 6 Old utility bills 7 Some old income tax debt
Chapter 7 Voluntary Petition — The Chapter 7 Voluntary Petition contains general information such as your name, address, filing status, an estimate of debts, an estimate of assets, prior bankruptcy filings, and statements regarding your oath that all information contained in your schedules is true and correct to the best of your knowledge.
By using free bankruptcy Chapter 7 forms, you can get rid of debts including: Medical bills. Credit card debts. Personal loans. Judgment debts. Old rent and lease payments. Old utility bills. Some old income tax debt.
Certificate of Completion of Debtor Education Course — You can't complete the debtor education course until after you file your Chapter 7 case. If you don't complete this course, you will not receive a bankruptcy discharge.
Therefore, it is crucial that you work with an organization like Upsolve that closely monitors the courts to ensure you have the most up-to-date Chapter 7 bankruptcy forms.
Certificate of Completion of Debtor Education Course — You can't complete the debtor education course until after you file your Chapter 7 case.
These forms are issued by the federal government and are referred to as the "official" bankruptcy forms.
When you file for Chapter 7 or Chapter 13 bankruptcy, you must fill out a packet of forms. These consist of a "voluntary petition," several other forms called "schedules," and some additional forms. Often the whole packet is referred to as the "bankruptcy petition.".
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Bankruptcy lawyers will consult with you virtually, and courts continue to hold 341 creditor meetings telephonically or by video appearance unless an in-person meeting is necessary—see the U.S. Trustee 's 341 meeting status webpage for details.
Your meeting of creditors may take longer than for filers who are represented by attorneys so the trustee can do a thorough job of examining you under oath. For the same reason, your creditors will often look more carefully at your paperwork.
Your debt may initially seem like the biggest complication, and it can be a serious issue if your creditor challenges the discharge, but it isn't always the biggest concern. The real issue may have more to do with the type and the value of assets.
No debtor in bankruptcy is left with nothing at the end of a case. In every state, a debtor is allowed to keep a certain amount and value of assets needed to get a fresh start. These are called exemptions, and the amounts differ from state to state.
For the same reason, your creditors will often look more carefully at your paperwork. Keep in mind that the information you provide the court has to be complete and accurate . You will sign your paperwork under penalty of perjury, and later you will have to testify as to its accuracy under oath.
To some extent, legal representation can indeed be costly. To get quality representation, like most things, you'll need to pay for it. However, before you jump to any conclusions, you may find that it's more affordable than you think. Many consumer bankruptcy lawyers offer a free initial consultation.
Keep in mind that the information you provide the court has to be complete and accurate. You will sign your paperwork under penalty of perjury, and later you will have to testify as to its accuracy under oath. The consequences of lying are severe. If you are willing to put up with that much scrutiny, you must still be mindful of the pitfalls you might encounter that can derail your attempt to go it alone unscathed.
Exemptions work differently in Chapter 7 than in Chapter 13. If you file a Chapter 7 bankruptcy case while you own property that is not exempt, your trustee can take that property, sell it, and use the money to pay your creditors some of what you owe them. 2 If you have non-exempt property when you file a Chapter 13 bankruptcy, you can keep it, but the value of the assets could be considered when establishing your payment plan. 3
The first form is the Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period, Official Form B122C-1 .
Chapter 13 debtors must file either one or two forms that together determine the duration and available income for a Chapter 13 repayment plan.
It is possible to include your entire car payment in the plan and even adjust your interest rate or the amount of the principal you will repay if your car loan was at least 2 ½ years old when you filed the bankruptcy case. 6 7
In some districts, known as conduit jurisdictions, debtors are required to make their entire house payment through a Chapter 13 trustee, not just an amount to cover arrearages. Conduit payments permit trustees to maintain accurate recordkeeping and better oversight of the debtor’s progress and adherence to the Chapter 13 plan. 5