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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.
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Documents Required WITH the Petition (Minimum Filing Requirements)
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Voluntary Petition and Schedules to be submitted in the following order (Original plus 1 copy)
- Form B1: Voluntary Petition Form - 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
- 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)
- $299.00 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 ($75.00, $75.00, $149.00)
NOTE: The Application must be signed by both debtors if it is a joint petition. Title 28 Sec. 1930(a).
If Requesting Waiver of Fees: (Debtor must be an individual)
- Form B3B: Application for Waiver of Chapter 7 Filing Fee
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