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.

• Documents Required at Time of Filing (Minimum Filing Requirements)
  • Voluntary Petition and Schedules to be submitted in the following order (Original + 1 copy):
    • B 1: Voluntary Petition (Official Form)
      * Signatures of debtor(s) and attorney are required at the time of filing
    • Exhibit D: Individual Debtor's Statement of Compliance with Credit Counseling Requirement (Official Form B 1 – Exhibit D)
      * Exhibit D - Required at filing with Voluntary Petition
      * Certificate of Credit Counseling - must be filed with the Voluntary Petition or within 14 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)
    • B 21: Statement of Social Security Number (Official Form)
      * Required at time of filing (If debtor is an individual)
    • B 280: Disclosure of Compensation of Bankruptcy Petition Preparer (Procedural Form)
    • B 19: Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer (Official Form)
      * Required only if Filed by Non-Attorney Bankruptcy Petition Preparer
  • Creditor Matrix File
    * E-Filers: Upload the Creditor Matrix File in text format (ex: smith.txt)
    * Pro Se: You may file the Creditor Matrix File in paper format
    * Verification of Creditor Matrix Form
  • $281 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

  • B 3A: Application and Order to Pay Filing Fee in Installments
    * Required only if paying in installments (Debtor must be an individual)      
    Note: The Application must be signed by both debtors if it is a joint petition. Title 28 Sec. 1930(a).
• Documents Required with the Voluntary Petition or within 14 Days of Filing
  • B 201A: Notice to Individual Consumer Debtor Under §342(b) of the Bankruptcy Code (Procedural Form)
  • B6: Summary of Schedules (Official Form)
    * If debtor is an individual, complete the included Statistical Summary of Certain Liabilities
  • B 6A: Schedule A - Real Property (Official Form)
  • B 6B: Schedule B - Personal Property (Official Form)
  • B 6C: Schedule C - Property Claimed as Exempt (Official Form)
  • B 6D: Schedule D - Creditors Holding Secured Claims (Official Form)
  • B 6E: Schedule E - Creditors Holding Unsecured Priority Claims (Official Form)
  • B 6F: Schedule F - Creditors Holding Unsecured Nonpriority Claims (Official Form)
  • B 6G: Schedule G - Executory Contracts and Unexpired Leases (Official Form)
  • B 6H: Schedule H - Codebtors (Official Form)
  • B 6I: Schedule I – Current Income of Individual Debtor(s) (Official Form)
  • B 6J: Schedule J - Current Expenditures of Individual Debtor(s) (Official Form)
  • B 6: Declaration Concerning Debtor’s Schedules (Official Form)
  • B 7: Statement of Financial Affairs (Official Form)
  • B  203: Disclosure of Compensation of Attorney for Debtor(s) (Procedural Form)
  • Verification of Creditor Matrix and list of creditors (Creditor Matrix Example)
  • B 22A: Statement of Current Monthly Income and Means Test Calculation (Official Form)
    *Required (If debtor is an individual)
  • Declaration Re: Electronic Filing of Petition
    * Required (If E-Filed only)
  • Chapter 13 Plan (available from the Chapter 13 Trustee links below)
    • Kathleen Leavitt(external link) (Las Vegas)
    • Rick Yarnall(external link) (Las Vegas)
    • William Van Meter(external link) (Reno)
  • B 19: Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer (Official Form)
    * Required (If Filed by Non-Attorney Bankruptcy Petition Preparer)
• Documents Due 7 Days Before the Date First Set for the §341 Meeting of Creditors
  • Federal Income Tax Return copy or Transcript
    Request a copy of your tax return from the IRS (external link)
    Note: Provide to the trustee for the most recent tax year ending before filing.
• Documents Due No Later than the Last Payment Made by the Debtor as Required by the Plan or the Filing of a Motion for Entry of a Discharge under 11.S.C § 1328(b)
  • B 23: Debtor's Certification of Completion of Instructional Course Concerning Financial Management (Official Form)
    * Required (If debtor is an individual)