BANKRUPTCY PETITION FORMS:

If hiring an attorney is not possible, download Local Bankruptcy Form #100. Form #100 which provides a list of all the forms necessary for each chapter, and detailed instructions on how to assemble the petition packets.

A petition packet is made up of two kinds of required forms, Official Bankruptcy Forms (OBF) and Local Bankruptcy Forms (LBF). The majority are OBFs, (i.e., Voluntary Petition, Schedules A - J, Statement of Affairs, etc.) which can be obtained electronically from the U.S. Courts' web site. Click here to access OBFs.

The rest are LBFs (e.g., Exhibit C, Individual Debtor’s Application to Pay Fees in Installments, Chapter 12 and 13 Plans, etc.). Click he re to access these and other LBFs.

Generally the following definitions will apply, but if you have any questions about the classification of your debts, you should seek competent legal advice.

Secured debt - A debt that is backed by real or personal property is a “secured” debt. A creditor whose debt is “secured” has a legal right to take the property as full or partial satisfaction of the debt. For example, most homes are burdened by a “secured debt”. This means that the lender has the right to take the home if the borrower fails to make payments on the loan. Most people who buy new cars give the lender a “security interest” in the car. This means that the debt is a “secured debt” and that the lender can take the car if the borrower fails to make payments on the car loan.

Unsecured Debt - If you simply promise to pay someone a sum of money at a particular time, and you have not pledged any real or personal property to collateralize the debt, the debt is unsecured. For example, most debts for services and some credit card debts are “unsecured”.

Priority Debt - A debt entitled to priority payment ahead of most other debts in a bankruptcy case is a “priority” debt. A listing of priority debts is given, in general terms, in §507 of the Bankruptcy Code. Examples of priority debts are some taxes, wage claims of employees, debts related to goods and services provided to a debtor’s estate during the pendency of a bankruptcy case, and domestic support obligations. If you have questions deciding which of your debts are entitled to priority status, you should consult an attorney.

Administrative Debt - This is also a priority debt and is one created when someone provides goods or services to your bankruptcy estate. The best example of an administrative debt is the fees generated by attorneys and other professionals whose employment has been authorized by the court to represent the bankruptcy estate.

Click here to see/download the current list of Bankruptcy Court filing fees.

You must normally pay all of the required fees at the time you file a bankruptcy petition. Except as provided below, if the debtor is an individual and cannot pay the full amount at the time of filing, the filing fee and administrative fee may be paid in up to three installments in an individual chapter 7 or chapter 11 filing, but in a chapter 12 or 13 filing, any balance owing must be paid within 45 days of filing and before the plan can be confirmed. To pay fees in installments, a fully completed Individual Debtor's Application To Pay Filing Fee In Installments (LBF #110) must be filed with the petition.

If an application for payment of fees in installments is approved, you may not pay an attorney or petition preparer any further amounts of money for services rendered until all of the filing fees are paid.

The court also has the discretion to waive the filing fee for an individual chapter 7 debtor if his or her income is less than 150% of the official poverty line (as defined by the federal government) applicable to a family of the size involved, and is unable to pay that fee in installments. If you feel that a fee waiver is warranted, you must file with your petition a fully completed Application for Waiver of the Chapter 7 Filing Fee (Off icial Bankruptcy Form #B3B). If the judge denies your application for a fee waiver, he or she will normally enter an order requiring the payment of the filing fee in installments. In that case, failure to make the installment payments will result in a dismissal of the bankruptcy case.

Petitions - If a petition is conventionally filed on paper, no copies are required.

However, you will need to provide an additional copy if you want one stamped with the date of filing for your records plus a self addressed envelope with adequate postage if you are filing by mail.

Motions and other pleadings - Unless filed within three (3) business days of a hearing that pertains to such document, the court requires only an original of any motion, supporting documents or other pleading. If filed within three days of a hearing, a paper copy of any document filed within three (3) business days of a scheduled hearing to which the document pertains must be clearly marked “JUDGE’S COPY” and must also be contemporaneously filed with the clerk.

Adversary Proceedings - If filed on paper, the court requires an original of a fully completed bankruptcy adversary cover sheet and the original complaint or proposed judgment. The plaintiff who electronically files a complaint shall print and use the summons electronically issued, if one is so issued, by the court via the ECF system during the filing process for service.

It is your responsibility to do what you think is necessary to notify the appropriate people. A few days after the date of filing, the Clerk’s Office will send a notice of your filing to all the creditors you have listed on the “matrix” (the list of creditor names and addresses that you must file with your petition). You are responsible for being sure you have listed all your creditors and that their complete street address, city, state and zip code is accurate.

Local Bankruptcy Form #104 sets out all the requirements for preparation of your mailing matrix in a format that can be accurately entered into the court’s system.