Q: Which forms (barebones/minimum) are needed to file Chpt.7 BR myself? (Plan to obtain an attorney in coming weeks.)
I have to file Chpt.7 this week, and I need to make the initial filing myself and then am hiring an attorney in the coming weeks to go over what I have filed and submit any addendums that are required. What are the bare-bones/minimum forms I need to file in order to have a valid petition? I believe I need at least:
- b_101 - Voluntary Petition for Individuals Filing for Bankruptcy
- b_6_declaration - DECLARATION CONCERNING DEBTOR'S SCHEDULES
- certificate of credit counseling
- creditors schedule (or sometimes called a Matrix, I believe)
- Verification of creditors statement
- Social Security Number Statement
- And possibly an installment application (depending on whether or not that will hold up the filing)
Are there any other forms/schedules I HAVE to submit with the intial filing?
Thank you!
A: Go to your local Bankruptcy Court's website (www.uscourts.gov) and look under debtor's chapter 7 petition forms for emergency filing (it differs from court to court so I can't give you an answer without more info). Basically, you have to file a petition, credit counseling statement, and creditor matrix. You then have two weeks to file the schedules and other forms. You may also need to file the means test qualification to show that there is no abuse of the bankruptcy process. If you can, you should consult an attorney for a free consultation to get this question answered correctly for your District. Good luck.
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A:
To initiate a Chapter 7 bankruptcy filing, the minimum forms you need to submit include:
1. Form B 101 - Voluntary Petition for Individuals Filing for Bankruptcy.
2. The list of creditors, often called the creditor mailing list or matrix.
3. Form B 121 - Your Statement About Your Social Security Numbers.
4. Certificate of credit counseling, which is required unless you qualify for an exemption or extension.
5. Form B 201A/B - Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy (if provided by your district).
6. Form B 103A - Application for Individuals to Pay the Filing Fee in Installments, if you cannot pay the filing fee upfront.
The Declaration Concerning Debtor's Schedules and Verification of Creditor Matrix are typically filed alongside the schedules and statements, which usually follow the petition but may be required shortly after the initial filing. It’s crucial to also check your local court rules as they may have specific requirements or local forms that also need to be completed. Remember that the complete set of schedules and statements should be filed within 14 days of the petition filing unless an extension is granted.
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