In a Chapter 7 your are required to file
- a list of creditors, and, unless the court orders otherwise
- a schedule of assets and liabilities
- a schedule of current income and current expenditures
- a statement of the debtor’s financial affairs
- a certificate by the debtor’s attorney that he has delivered to the debtor the notice required the bankruptcy code
- copies of all pay advices or other evidences of payment received by the debtor from any employer within 60 days prior to the date of filing
- a statement of the amount of monthly net income itemized to show how it was calculated
- a statement disclosing any reasonably anticipated increase in income or expenditures during the next 12 months.
A list of creditors is contained in the debtor’s schedules of liabilities and need not be filed separately unless the schedules of liabilities are not filed with the petition. If the debtor is being evicted and wishes to preserve the automatic stay against the lessor, the certification required under under the bankruptcy code must be filed with the petition and served on the lessor.
Local Districts and Local Rules
Local districts are permitted to adopt rules governing the practice and procedure in bankruptcy cases, provided that such rules are consistent with the Bankruptcy Code and the Rules of Bankruptcy Procedure and do not prohibit or limit the use of the official forms.
The bankruptcy law leaves many administrative and procedural aspects of chapter 13 cases to the discretion of the local districts, and most districts have adopted local rules governing certain aspects of bankruptcy practice and procedure. Some districts have only limited local rules, and few, if any, local forms. Other districts have adopted extensive local rules and forms dealing with many aspects of chapter 13 cases, including the initial filing requirements.
Many bankruptcy courts have adopted local rules or general orders dealing with electronic case management and the electronic filing of cases and documents. It is important to obtain a copy of the local rules prior to the commencement of a chapter 13.
Chapter 7 Forms
The following forms may be needed at the time of filing in a typical chapter 7 consumer case:
- Statement of Current Monthly Income and Means Test Calculation (Official Form 22A)
- Statement of Anticipated Increase in Income or Expenses (a local form, if needed) Statement of Social Security Number
- Certificate as to Credit Counseling (a local form)
- Debt Repayment Plan from credit counseling agency, if one exists
- Schedules A through J (Official Forms 6 and 6A-6J) Statement of Financial Affairs (Official Form 7)
- Application and Order to Pay Filing Fee in Installments, (Official Form 3A, if needed) Application for Waiver of Chapter 7 Filing Fee (Official Form 3B, if needed)
- Disclosure of Compensation of Attorney for Debtor (Bankruptcy Form B 203 or a local form)
- Chapter 7 Individual Debtor’s Statement of Intention (Official Form 8). Notice to Individual Consumer Debtor (Bankruptcy Form B 201) Copies of pay advices for last 60 days
- Statement of Interest in Education IRA or Qualified State Tuition Program (a local form, if needed)
- List of Names and Addresses of Persons to Receive Bankruptcy Notices. This is commonly referred to as the creditor matrix.
