where can i get the forms to file for bankruptcy without a lawyer

by Maybelle Heathcote II 3 min read

Can you file bankruptcy alone?

1. You Can File Individually If You Are Married. Married couples have the freedom to file for bankruptcy together or individually. Couples typically file together when they have joint debts, but spouses can file by themselves if they choose to.Oct 18, 2017

How do I declare bankruptcy in Jamaica?

A person may be made a Bankrupt in two ways. A creditor who has already obtained a final Judgment and served his debtor with a Bankruptcy Notice but has not recovered may file a Petition for the debtor to be declared a bankrupt.

What are three things you Cannot file bankruptcy?

Debts Never Discharged in Bankruptcy
  • Alimony and child support.
  • Certain unpaid taxes, such as tax liens. ...
  • Debts for willful and malicious injury to another person or property.

Can an individual file for bankruptcy in Jamaica?

Declaring bankruptcy is a legal process that reduces, restructures or eliminates the debt owed by a person (individual or corporate). An insolvent or a debtor under Jamaican law is a person owing a minimum of 300 thousand dollars and who is unable to pay that debt or has ceased paying it.Jul 5, 2019

How long before a debt is written off in Jamaica?

six years
Jamaican statute of limitations on debts is six years.Sep 12, 2006

What debt Cannot be erased by bankruptcy?

Credit Card Charges Made Before Filing Bankruptcy

That could be considered bankruptcy fraud. Debts incurred with the intent to discharge them in bankruptcy are non-dischargeable. Charges made to credit cards in the months before filing bankruptcy can be scrutinized. There's a 90 day look-back period on certain charges.
Nov 5, 2020

What debts are not erased in bankruptcy?

Other Non-Dischargeable Debts in Bankruptcy

401k loans. Other government debt such as fines and penalties. Restitution for criminal acts. Debt arising from fraud or false pretenses.
Nov 2, 2020

What do you lose if you declare bankruptcy?

Filing Chapter 7 bankruptcy wipes out most types of debt, including credit card debt, medical bills, and personal loans. Your obligation to pay these types of unsecured debt is eliminated when the bankruptcy court grants you a bankruptcy discharge.Dec 12, 2021

How long does it take to get a bankruptcy certificate?

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.

How long does it take to get credit counseling before filing for bankruptcy?

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 .

What is bankruptcy judge advisory group?

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.

How to waive Chapter 7 filing fee?

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.

What is a pro se debtor?

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 ...

How long do you have to file your tax return before the court?

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.

Do you have to file a mailing matrix with creditors?

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.

How to file for bankruptcy?

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.

What is Upsolve for bankruptcy?

3 minute read • Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

What to do after 341 meeting?

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.

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.

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.

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.

How many debtor education courses are there?

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.

Why download bankruptcy forms?

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.

What do you need to pay for bankruptcy?

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).

How long do you have to take a post filing course?

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.

What to do if you fail to report a debt?

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.

Do creditors have to be present at a meeting of creditors?

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.

Do you have to fill out paperwork for bankruptcy?

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.

What to do if you are not comfortable with bankruptcy?

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.

What is a good bankruptcy preparer?

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.

Why do some bankruptcy attorneys limit their practice to Chapter 7?

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.

Why do you file Chapter 13 instead of Chapter 7?

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.

How long before filing bankruptcy can you charge a luxury item?

You charged a luxury item less than 90 days before you filed for bankruptcy.

What are homeowners association dues assessed after filing 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.

Do you have to file bankruptcy papers?

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.

How to inquire about bankruptcy?

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.

What debts can you get out of bankruptcy?

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

What is Chapter 7 petition?

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.

What debts can you get rid of with Chapter 7?

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.

When can you complete the debtor education course?

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.

Does Upsolve monitor bankruptcy?

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.

Can you complete the means test after filing a Chapter 7?

Certificate of Completion of Debtor Education Course — You can't complete the debtor education course until after you file your Chapter 7 case.

Who issues bankruptcy forms?

These forms are issued by the federal government and are referred to as the "official" bankruptcy forms.

What is the packet of bankruptcy?

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.".

Can bankruptcy erase stimulus checks?

If you're one of the millions laid off due to COVID-19, bankruptcy can erase bills while keeping most retirement accounts intact. And you don't need to worry about losing your stimulus funds—the new bankruptcy "recovery rebate" law protects stimulus checks, tax credits, and child credits. Bankruptcy lawyers will consult with you virtually, ...

Can bankruptcy lawyers hold 341 meetings?

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.

Why does a meeting of creditors take longer than for filers who are represented by attorneys?

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.

Is it a serious issue if your creditor challenges the discharge?

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.

Can a debtor get a fresh start in bankruptcy?

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.

Do creditors look at your paperwork?

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.

Is bankruptcy legal representation expensive?

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.

Can you sign a document under perjury?

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.

Can you keep your property in Chapter 7?

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

What form do you file for Chapter 13?

The first form is the Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period, Official Form B122C-1 .

How many forms are required for Chapter 13?

Chapter 13 debtors must file either one or two forms that together determine the duration and available income for a Chapter 13 repayment plan.

Can you include your car payment in your bankruptcy?

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

Do you have to pay a debtor through a conduit?

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

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