FILING INSTRUCTIONS
PETITIONS:
Forms for filing a bankruptcy petition are available on this web site
at the Forms
& Publications web page. They are also available at most legal stationary
stores or office supply stores that stock legal forms. The third page
of your petition is a signature page which requires your original signature as
well as the original signature of any non-attorney petition preparer assisting
you in any way with the preparation of your petition or any of the schedules
or statements that are/or will be filed to support it. To find out which
forms need to be filed for each chapter, please review the filing checklist.
CREDIT COUNSELING REQUIREMENT:
As of October, 2005, individual debtors are generally required to obtain credit counseling from an approved provider within 180 days prior to filing a case, and to file a statement of compliance and a certificate of credit counseling furnished by the provider. Failure to do so may result in dismissal of the case.
CHAPTER 7:
Parties initiating cases under chapters 7 must file an original petition including the signature page, schedules and statement of financial affairs; Exhibit D - Individual Debtor’s Statement of Compliance with Credit Counseling Requirement along with a Certificate of Credit Counseling, furnished by the provider and Official Form 22A - Chapter 7 Statement of Current Monthly Income and Means Test Calculation As of December 1, 2003, a Form B-21 is required disclosing the full social security number of the debtor. Copies are no longer required unless you want a file-stamped copy for your records.
CHAPTER 13 CASES:
Parties initiating cases under chapters 13 must file an original petition including the signature page, schedules and statement of financial affairs; Exhibit D - Individual Debtor’s Statement of Compliance with Credit Counseling Requirement along with a Certificate of Credit Counseling, furnished by the provider and Official Form B22C - Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income, a Form B-21 is required disclosing the full social security number of the debtor. Copies are no longer required unless you want a file-stamped copy for your records.
CHAPTER 11 CASES:
Parties initiating a case under Chapter 11 must file
an original petition, the list of twenty (20) largest unsecured
creditors, exhibit A,
declaration, schedules and statement of financial affairs, and Official Form B 22B Chapter 11 Statement of Current Monthly Income. Copies are no longer required unless you want a file-stamped copy for
your records.
ALL CASES:
In addition to the forms listed above, the following local
forms must also be filed: a mailing
matrix (a list of the companies or individuals
that you owe money to and their mailing addresses), a verification of the
mailing matrix and, if applicable, an application to pay
the filing fee in installments (7, 11, or 13);
If you need to start your case quickly and do not have time to fill out all the supporting documents, you may file your voluntary petition (all three pages), a list of creditors (in lieu of the schedules), your mailing matrix, with the accompanying verification, Exhibit D - Individual Debtor’s Statement of Compliance with Credit Counseling Requirement along with a Certificate of Credit Counseling, furnished by the provider and Form B-21 disclosing the debtor’s full social security number. The remaining supporting documents, usually the schedules and statement of financial affairs, must be filed within fifteen (15) days.
MAILING MATRIX:
Prepare your mailing matrix (the mailing list of your creditors) according
to the matrix formatting instructions which can be found in the Mailing
Matrix section
of the Forms & Publications web page. The Clerk's Office uses an optical character reader to scan
matrices and if you do not follow the instructions exactly, the scanner will
not be able to read the matrix correctly. The Clerk’s Office will reject any
matrix that does not conform to the proper format.
PROOFS OF CLAIM:
If there are no assets in a chapter 7 case, it is not necessary for
creditors to file a proof of claim unless notified by the court to do so. In chapter 7 asset
cases and in chapter 13 cases, creditors must file their proofs of claim within
ninety (90) days of the first date set for
the meeting of creditors under Section 341, unless that date has been extended
by the Court.
The Clerk's Office does not verify the receipt of a proof of claim by telephone. To verify that it has been received, the creditor must provide an extra copy at the time of filing along with a self-address, stamped return envelope. The file-stamped copy of the proof of claim will be mailed back to the creditor.
ADVERSARY CASES:
To file an adversary proceeding you must file an original complaint, a summons for each defendant, and an adversary cover
sheet. The filing
fee is $250, unless the debtor is the plaintiff in which case the fee
does not apply.
FILING MOTIONS:
Motions and pleadings should be accompanied by a certificate of service,
a notice of opportunity to object, and a
proposed order which lists the parties to be served. The documents filed should be
printed on 8.5" X 11" paper.
