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.

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):
    • 101   Voluntary Petition for Individuals Filing for Bankruptcy (Official Form)
      * Signatures of debtor(s) and attorney are required at the time of filing
    • 121   Statement about Your Social Security Numbers (Official Form)
      * Required at time of filing (If debtor is an individual)
    • 2800   Disclosure of Compensation of Bankruptcy Petition Preparer (Procedural Form)
    • 119   Bankruptcy Petition Preparer's Notice, Declaration and Signature (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
  • $313 Filing Fee
    * E-Filers: Payment must be made electronically with a credit or debit card
    * Pro Se: Payment must be made by Money Order or Cashier’s Check

    - The Clerk's office does not accept cash
    - No Personal checks from debtors are accepted

  • 103A   Application for Individuals to Pay the 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).
    See also: Guidelines for Application to Pay Filing Fee in Installments

• Documents Required with the Voluntary Petition or within 14 Days of Filing

  • 2010   Notice Required by 11 U.S.C. §342(b) for Individuals Filing for Bankruptcy (Procedural Form)
  • 106Sum   A Summary of Your Assets and Liabilities and Certain Statistical Information (Official Form)
  • 106A/B   Schedule A/B: Property (Official Form)
  • 106C   Schedule C: The Property You Claim as Exempt (Official Form)
  • 106D   Schedule D: Creditors Who Have Claims Secured by Property (Official Form)
  • 106E/F   Schedule E/F: Creditors Who Have Unsecured Claims (Official Form)
  • 106G   Schedule G: Executory Contracts and Unexpired Leases (Official Form)
  • 106H   Schedule H: Codebtors (Official Form)
  • 106I   Schedule I: Your Income (Official Form)
  • 106J   Schedule J: Your Expenses (Official Form)
  • 106J-2   Schedule J-2: Expenses for Separate Household of Debtor 2 (Official Form)
    * Use this form for Debtor 2’s separate household expenses ONLY IF Debtor 1 and Debtor 2 maintain separate households.
  • 106Dec   Declaration About an Individual Debtor’s Schedules (Official Form)
  • 107   Statement of Financial Affairs for Individuals Filing for Bankruptcy (Official Form)
  • 2030   Disclosure of Compensation of Attorney for Debtor (Procedural Form)
  • Verification of Creditor Matrix and list of creditors (Creditor Matrix Example)
  • 122C-1   Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period (Official Form)
    *Required (If debtor is an individual)
  • 122C-2   Chapter 13 Calculation of Your Disposable Income (if applicable)
  • Declaration Re: Electronic Filing of Petition
    * Required (If E-Filed only)
  • Nevada Chapter 13 Plan

• 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)

  • 423   Certification About a Financial Management Course
    * Required (if debtor is an individual)