Chapter 12 Filing Requirements
 (Original plus 1 copy)

 

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rev. 2/08

Note: Credit Counseling must be obtained prior to filing Bankruptcy and EXHIBIT D  TO OFFICIAL FORM 1 MUST BE FILED WITH THE BANKRUPTCY PETITION by each individual debtor. In order to be excepted from filing the certificate of credit counseling, a debtor must either (1) submit a different certificate describing exigent circumstances that merit waiver of the requirement and also states the debtor requested credit counseling but was unable to obtain credit counseling during the 5-day period before filing; OR (2) request, in writing, and provide notice that the debtor is unable to obtain credit counseling because of incapacity, disability or active military duty in a military combat zone.

Documents Required WITH the Petition (Minimum Filing Requirements)

  1. Voluntary Petition and Schedules to be submitted in the following order (Original plus 1 copy)

    • Form B1: Voluntary Petition - Signatures of debtor(s) and attorney are required at the time of filing
    • Exhibit D to Form B1-Individual Debtor's Statement of Compliance with Credit Counseling Requirement. Exhibit D must be filed WITH the petition. The Certificate of Credit Counseling must be filed with the petition or within 15 days. If applicable, a 109(h)(3) certification and motion or a 109(h)(4) request must be filed WITH the petition. (If debtor is an individual)
    • Form B21: Statement of Social Security Number (If debtor is an individual)
    • Form B280: Disclosure of Compensation of Bankruptcy Petition Preparer

      If Filed by Non-Attorney Bankruptcy Petition Preparer: The following documents are required in addition to those above.

    • Form B19: Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer

  2. List of all creditors
    • E-Filers: Upload a creditor matrix file in text format (ex: smith.txt)
    • Pro Se: You may file the creditor matrix in paper format, or submit the file on a 3.5" floppy diskette or compact disk (CD) in text format (ex: smith.txt)
  1. $239.00 Filing Fee
    • E-Filers: Payment must be made electronically with a credit or debit card
    • Pro Se: Payment must be made by Money Order, Cashier’s Check or Cash

      - Exact change is required
      - No Personal checks from debtors are accepted

    If Paying in Installments: (Debtor must be an individual)
  • Form B3A: Application to Pay Filing Fee in Installments ($100.00, 100.00, 39.00 )

NOTE: The Application must be signed by both debtors if it is a joint petition. Title 28 Sec. 1930(a).

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Documents Due With the Petition or Within 15 Days of Filing

  • Form B201: Notice to Individual Consumer Debtor Under §342(b) of the Bankruptcy Code
  • Form B6: Summary of Schedules
  • Form B6: Statistical Summary of Certain Liabilities (If debtor is an individual)
  • Form B6A: Schedule A - Real Property
  • Form B6B: Schedule B - Personal Property
  • Form B6C: Schedule C - Property Claimed as exempt
  • Form B6D: Schedule D - Creditors Holding Secured Claims
  • Form B6E: Schedule E - Creditors Holding Unsecured Priority Claims
  • Form B6F: Schedule F - Creditors Holding Unsecured Nonpriority Claims
  • Form B6G: Schedule G - Executory Contracts and Unexpired Leases
  • Form B6H: Schedule H - CoDebtors
  • Form B6I: Schedule I - Current Income of Individual Debtor(s)
  • Form B6J: Schedule J - Current Expenditures of Individual Debtor(s)
  • Form B6: Declaration Concerning Debtor’s Schedules
  • Form B7: Statement of Financial Affairs
  • Form B203: Disclosure of Compensation of Attorney for Debtor(s)
  • Verification of Creditor Matrix and list of creditors (creditor matrix)
  • Declaration Re: Electronic Filing (If E-Filed only)

If Filed by Non-Attorney Bankruptcy Petition Preparer: The following documents are required in addition to those above.

  • Form B19: Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer

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Documents Due Within 90 Days of Filing

  • Chapter 12 Plan