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Information for filing a Chapter 7 or Chapter 13 Individual or Joint Petition
Use this Checklist to be sure you have all the documents to proceed whether you are filing with or without an attorney:
Have you read?
- Bankruptcy Basics: Learn more about Bankruptcy by understanding the following: The Process; The Discharge in Bankruptcy; Chapter 7, Liquidation under the Bankruptcy Code; Chapter 13, Individual Debt Adjustment; Glossary of Bankruptcy Terms
- Notice to Individual Consumer Debtor under Section 342 of the Bankruptcy Code: Click here.
- Means Testing Information: What is the Chapter 7 Means Test?
Have you completed the following forms for filing?
- Mailing List: A mailing list prepared following LBF 104 instructions.
- Statement About Your Social Security Numbers: Official Form 121
- Petition: Official Form 101
- Attorney's Disclosure Statement: [if debtor is represented by an attorney]. For Chapter 13 use LBF 1305.
- Individual Debtor’s Statement of Intention: LBF 521.05 (Chapter 7 only)
- Financial Review of Debtor's Non-Farming/Non-Fishing Business: LBF Exhibit D-2 (Chapter 13 only)
- Financial Review of Debtor's Farming/Fishing Business: LBF Exhibit D-1 (Chapter 13 only)
- Summary of Your Assets and Liabilities: Official Form 106 Summary
- Schedules : Schedules A/B, C, D, E/F, G, H, I & J (Official Forms 106A-J)
- Declaration About an Individual Debtor’s Schedules: Official Form 106 Declaration
- Statement of Financial Affairs for Individuals Filing for Bankruptcy: Official Form 107
- Statement of Your Current Monthly Income : For Chapter 7 use Official Form 122A-1. Completion of this form will determine whether Official Form 122A-2 or Official Form 122A-1Supp is also required. For Chapter 13 use Official Form 122C-1 . Completion of this form will determine whether Official Form 122C-2 is also required.
- Certificate of Credit Counseling or Motion for Extension of Time/Exemption: LBF 100.3
- Chapter 13 Plan: LBF 1300.14 (Chapter 13 only)
Have you obtained documents that will be needed after your initial filing?
- Federal income tax return: most recent copy
- Pay Stubs: Copies of pay stubs from employer for 60-day period before filing of petition
- Accounts: Copies of checking, savings, and investment accounts showing balances as of day of filing of petition
- Statement of Your Current Monthly Income and Expenses: Documentation used to support Official Form 122A-1 (and Official Form 122A-2 if required) or Official Form 122C-1 (and Official Form 122C-2 if required) completed in prior step.
- Picture ID: issued by a governmental unit or other personal identifying information
- Evidence of your social security number: or written statement that documentation does not exist
Regarding the Filing Fee
After receiving the notice for the Meeting of Creditors
- Prepare for Meeting of Creditors: Read the notice for the Meeting of Creditors carefully for the date, time, and location of meeting and other important information
- Mail tax return 7 days before meeting: Mail a copy of your federal income tax return to the case trustee so it is received no later than 7 days before the meeting
- Pay Stubs within 14 days after filing: Mail copies of pay stubs to U.S. Trustee (in a Chapter 7 case) or the case trustee (in a Chapter 13 case) within 14 days after filing Petition
- Gather Documents: to bring to the Meeting of Creditors – Picture ID, evidence of SSN, copies of checking, savings, and investment account statements, documentation used to support Official Form 122A-1 (and Official Form 122A-2 if required) or Official Form 122C-1 (and Official Form 122C-2 if required) completed in prior step.
- Financial Management Course Certification: Complete the financial management course from an approved provider and file proof of completion with the Bankruptcy Court