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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 1300.21 (Chapter 13 only)
Have you obtained documents you will need to show or provide to the trustee after you file?
- 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 the U.S. Trustee (in a chapter 7 case) or the case trustee (in a chapter 13 case) within 14 days after filing the 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