Chapter 15 Filing Requirements

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)
    • Petition for Recognition filed by a Foreign Representative
      Note: All forms must be in English
    • B 1: Voluntary Petition (Official Form)
      * Signed by Foreign Representative
      * One of the following MUST be checked on Form:
      • Foreign Main Proceeding - A foreign proceeding pending in the country where the debtor has the center of its main interests , or
      • Foreign Nonmain Proceeding - A foreign proceeding, other than a foreign main proceeding, pending in a country where the debtor has an establishment
    • Certified copy of the decision commencing such a foreign proceeding and appointing a foreign representative
    • A certificate from the foreign court affirming the existence of such foreign proceeding and the appointment of the foreign representative OR:
       Any other evidence acceptable to the court of such existence (in place of certified copy and certificate)
    • Statement identifying all foreign proceedings with respect to the debtor that are known to the foreign representative
    • Creditor Matrix File - List containing names and addresses of all administrators in foreign proceedings of the debtor, all parties to the litigation which the debtor is a party and that are pending in the US at the time of filing, and all entities against whom provisional relief is being sought under 11 USC §1519.
      * 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
    • $1213 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