Chapter 13 Filing Requirements

An individual with a regular income who is overcome by debts, but believes such debt can be repaid within a reasonable period of time, may file under Chapter 13 of the Bankruptcy Code. Chapter 13 permits the debtor to file a plan in which the debtor agrees to pay a certain percentage of future income to the Bankruptcy Court for payment to creditors. If the Court approves the plan, the debtor will be under the Court's protection while repaying such debts.

Credit Counseling
Credit Counseling must be obtained prior to filing Bankruptcy. EXHIBIT D TO OFFICIAL FORM B 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 7-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.

Requirements

Copy Requirement: Original plus one (1) copy
The copy requirement numbers above include the copy to be returned to the filing party. See Local Rules 1002 (a) (1) and 7010 (c) (1)
The IRS has access to documents through the internet, so a copy is not required to be forwarded.