here are some tips that will make filling in your forms easier and the whole bankruptcy process
smoother. a sample completed form accompanies each form’s instructions. refer to it while you fill in your bankruptcy papers.
Use your worksheets and credit counseling plan (if you have one). if you’ve completed the worksheets in Chs.
1, 3, 4, and 5, you’ve already done a lot of the work.
these worksheets will save you lots of time when you prepare your bankruptcy forms, so keep them handy.
if you skipped any of those chapters, refer to the worksheets and accompanying instructions for help in figuring out what to put in your bankruptcy forms.
Make several copies of each form. that way, you can make a draft, changing things as you go until the form is complete and correct. Prepare final forms to file with the court only after you’ve double checked your drafts.
if you use the PdF, fill-in-the-blanks forms available from the u.s. trustee’s website (see above), remember that you can’t save the information in the forms. it’s easiest to do a draft by hand, then complete the form and print it all at once.
Type your final forms. if you are using the nolo forms or the nonfillable PdF forms available from the federal judiciary website (see above), you could enter your information by hand. unless your handwriting is very neat, however, the trustee handling your case will likely be friendlier if forms are typewritten. if you don’t have access to a typewriter, many libraries have typewriters available to the public (for a small rental fee), or you can hire a bankruptcy form preparation service to prepare your forms using the information you provide.
(see Ch. 10 for more on these services.)
Be ridiculously thorough. always err on the side of giving too much information rather than too little.
if you leave information out, the bankruptcy trustee may become suspicious of your motives. if you leave
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Get help, if necessary. if your situation is complicated, you’re unsure about how to complete a form, or you run into trouble when you go to file your papers, consult a bankruptcy attorney or do some legal research before proceeding. (see Ch. 10.)
Refer to—but don’t copy—the sample forms.
throughout this chapter, we have included the com- pleted sample forms of Carrie anne edwards, who lives in California. these forms are intended to be used as examples, so you can see what a completed form should look like. however, everyone’s bankruptcy situation is different—and obviously, you will owe different debts, own different property, have different bank accounts and social security numbers, and otherwise be utterly dissimilar from this fictional gal.
do not CoPy these eXaMPles, even if you live in California, because they won’t fit your precise situation.
Form 1—Voluntary Petition
a completed sample Voluntary Petition and line-by-line instructions follow.
Emergency Filing
Although people usually file all of their bankruptcy forms at once, you don’t absolutely have to. If you really need to stop creditors quickly—because of a foreclosure or threatened repossession, you can simply file the Voluntary Petition (including Exhibit D, concerning credit counseling), the statement of your Social Security number (Form 21,) and a form called a Matrix, which lists the name, address, and zip code of each of your creditors. The automatic stay, which stops most collection efforts against you, will then go into effect. You have 15 days to file the rest of the forms. (Bankruptcy Rule 1007(c).)
Although it’s an option if you’re really in a jam, we urge you to not do an emergency filing unless it’s absolutely necessary. That 15-day extension goes by fast; many people blow the deadline, then have their cases dismissed. So, if at all possible, file all your paperwork at the same time.
creditors off the forms, the debts you owe these creditors might not be discharged—hardly the result you would want. if you intentionally or carelessly fail to list all your property and debts, or fail to accurately describe your recent property transactions, the court, upon a request by the trustee, may rule that you acted with fraudulent intent. it may deny your bankruptcy discharge altogether, and you may lose some property that you could otherwise have kept.
Respond to every question. Most of the forms have a box to check when your answer is “none.” if a question doesn’t have a “none” box and the question doesn’t apply to you, type in “n/a” for “not applicable.” this will let the trustee know that you didn’t overlook the question. occasionally, a question that doesn’t apply to you will have a number of blanks. Put “n/a” in only the first blank if it is obvious that this applies to the other blanks as well. if it’s not clear, put “n/a” in every blank.
Explain uncertainties. if you can’t figure out which category on a form to use for a debt or an item of property, list the debt or item in what you think is the appropriate place and briefly note next to your entry that you’re uncertain. the important thing is to disclose the information somewhere. the bankruptcy trustee will sort it out, if necessary.
Be scrupulously honest. as part of your official bankruptcy paperwork, you must complete declara- tions, under penalty of perjury, swearing that you’ve been truthful. it’s important to realize that you could be prosecuted for perjury if it’s evident that you deliberately lied.
Use continuation pages if you run out of room. the space for entering information is sometimes skimpy, especially if you’re filing jointly. Most of the forms come with preformatted continuation pages that you can use if you need more room. But if there is no continuation form in appendix 3, prepare one yourself, using a piece of regular, white 8½" by 11" paper. Put
“see continuation page” next to the question you’re working on and enter the additional information on the continuation page. label the continuation pages with your name and the form name, and indicate
“Continuation Page 1,” “Continuation Page 2,” and so on. Be sure to attach all continuation pages to their appropriate forms when you file your bankruptcy papers.
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First Page
Court Name. at the top of the first page, fill in the first two blanks with the name of the judicial district you’re filing in, such as the “Central district of California.” if your state has only one district, enter
“XXXXXX” in the first blank and your state in the second blank. if your state divides its districts into divisions, enter the division after the state name, such as “northern district of California, santa rosa division.”
Name of Debtor. enter your full name (last name first), as used on your checks, driver’s license, and other formal documents. if you are married and filing jointly, put one of your names as the debtor (on the left) and the other as the “joint debtor (spouse),” on the right. if you are married but filing separately, enter
“n/a” in the second blank.
All Other Names. the purpose of this box is to make sure that your creditors will know who you are when they receive notice of your bankruptcy filing. if you have been known by any other name in the last eight years, list it here. if you’ve operated a business as a sole proprietor during the previous eight years, include your trade name (fictitious or assumed business name) preceded by “dba” for “doing business as.” But don’t include minor variations in spelling or form. For instance, if your name is john lewis odegard, you don’t have to put down that you’re sometimes known as j.l. But if you’ve used the pseudonym j.l. smith, you should list it. if you’re uncertain, list any name that you think you may have used with a creditor. do the same for your spouse (in the box to the right) if you are filing jointly. if you’re filing alone, type “n/a” anywhere in the box to the right.
Soc. Sec./Tax I.D. No. enter only the last four digits of your social security number. if you have an employer’s identification number or a taxpayer’s i.d. number, enter the complete number. do the same for your spouse (in the box to the right) if you are filing jointly. if you’re filing alone, type “n/a” anywhere in the box to the right.
Street Address of Debtor. enter your current street address. even if you get all of your mail at a post office box, list the address of your personal residence.
Street Address of Joint Debtor. enter your spouse’s current street address (even if it’s the same as yours) if you are filing jointly—again, no post office boxes. if you’re filing alone, type “n/a” anywhere in the box.
County of Residence. enter the county in which you live. do the same for your spouse if you’re filing jointly. otherwise, type “n/a” in the box. if you are doing business, enter the county where your (or your spouse’s) business assets are located, if it’s different than your mailing address.
Mailing Address of Debtor. enter your mailing address if it is different from your street address. if it isn’t, put
“n/a.” do the same for your spouse (in the box to the right) if you are filing jointly.
Location of Principal Assets of Business Debtor. if you—or your spouse, if you are filing jointly—have been self-employed or operated a business as a sole proprietor within the last two years, you may be considered a “business debtor.” this means you will have to provide additional information on Form 7. (see the instructions for that form, below.) if your business owns any assets—such as machines or inventory—list their primary location. if they are all located at your home or mailing address, enter that address.
Type of Debtor. Check the first box—“individual(s)”—
even if you have been self-employed or operated a sole proprietorship during the previous two years. if you are filing bankruptcy for a corporation, partnership, or other type of business entity, you shouldn’t be using this book.
Nature of Business/Tax-Exempt Entity. see a bank- ruptcy lawyer if any of these descriptions apply to you or your spouse. For instance, if you or your spouse own an assisted living facility (11 u.s.C. § 101 (27a)), you would need a lawyer’s services, because the law has gotten quite complicated regarding how health care businesses are treated in bankruptcy.
Chapter of Bankruptcy Code Under Which the Petition is Filed. Check “Chapter 7.”
Nature of Debts. Check “Consumer/non-Business”
if you aren’t in business and haven’t been for the previous two years. if you’re self-employed or in business as a sole proprietor, check “Consumer/non- Business” if most of your debts are owed personally—
not by your business. if, however, the bulk of your debts are due to the operation of your business, check
“Business.” if you are in doubt, check “Business.” later on this category will be very important. For instance, even if your income is above the state median, you won’t have to take the means test if you are a business debtor. (see the instructions for Form 22a, below, for more on the means test.)
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Filing Fee. if you will attach the entire fee, check the first box. if you plan to ask the court for permission to pay in installments, check the second box. (instructions for applying to the court are in “how to File your Papers,” below.) if you wish to apply for a full waiver of the filing fee, check the third box and see “how to File your Papers.”
Federal agencies disagree over whether fee waivers are available. As you’ll see, there is an ongoing dispute in the federal government regarding fee waivers.
The agency responsible for creating the forms has provided a form for fee waivers, which refers to a rule that provides for the waivers. However, the agency responsible for making the rules has refused to issue a rule permitting the waivers.
Chapter 11 Debtors. leave this section blank.
Statistical/Administrative Information. here there are a number of boxes. the first set of boxes tells the trustee whether you think there will be assets available to be sold for the benefit of your unsecured creditors. if you did your homework in Ch. 3 and Ch. 4, you will have a good idea of whether all of your assets are exempt, or whether some will have to be surrendered to the trustee. Check the top or bottom box accordingly. if you check the bottom box, your creditors will be told that there is no point in filing a Proof of Claim unless they hear differently from the trustee. if you check the top box, your creditors will be told to file Proof of Claims. if you haven’t a clue yet about your property and exemptions, come back to this question after you’ve completed schedules a, B, and C.
similarly, if you can provide pretty good estimates of the other information requested (estimated number of creditors, assets, and liabilities), fill in the appropriate box on the form. if not, come back to these questions when you’ve completed more of your paperwork.
Second Page
Name of Debtor(s). enter your name and your spouse’s, if you are filing jointly.
Prior Bankruptcy Cases Filed Within Last 8 Years.
if you haven’t filed a bankruptcy case within the previous eight years, type “n/a” in the first box. if you—or your spouse, if you’re filing jointly—have, enter the requested information. a previous Chapter
7 bankruptcy bars you from filing another one until eight years have passed since you filed the previous case. and, if you filed a Chapter 7 bankruptcy case that was dismissed for cause within the previous 180 days, you may have to wait to file again, or you may not be able to discharge all your debts. (see Ch. 2 for more information.) if either situation applies to you, see a bankruptcy lawyer before filing.
Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor. “affiliate” refers to a related business under a corporate structure. “Partner” refers to a business partnership. again, you shouldn’t use this book if you’re filing as a corporation, partnership, or other type of business entity. if your spouse has a bankruptcy case pending anywhere in the country, enter the requested information. otherwise, type “n/a”
in the first box.
Exhibit A. this is solely for people who are filing for Chapter 11 bankruptcy. leave it blank.
Exhibit B. this is solely for people who are repre- sented by an attorney. if you are representing yourself or using a bankruptcy petition preparer, leave this section blank.
Exhibit C. if you own or have in your possession any property that might cause “imminent and identifiable”
harm to public health or safety (for example, real estate that is polluted with toxic substances, or explosive devices such as hand grenades or dynamite), check the “yes” box, fill in exhibit C (see appendix 3), and attach exhibit C to this Petition. if you are unsure about whether a particular piece of property fits the bill, err on the side of inclusion.
Exhibit D. Check the appropriate box, depending on whether you are filing alone or jointly. in exhibit d, you must agree, under penalty of perjury, to one of five statements about credit counseling by checking a box and signing the form. Most people will check box one, which certifies that you have obtained counseling and received a certificate of completion, which you must attach to exhibit d. if you’ve completed counseling but have not yet received your certificate, check box two; you’ll have to provide your certificate to the court within 15 days after filing your bankruptcy papers. if you have to check box three (for those who haven’t received counseling and were unable to do so because of exigent circumstances) or box four (for those who aren’t required to get counseling), you’ll probably need
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help from an attorney to get a hearing on your case.
Box five is for people filing in districts that the u.s.
trustee has exempted from the counseling requirement because approved services aren’t available; we know of no such districts as of january 2007.
Information Regarding the Debtor. Most filers will check the top box. Check the middle box if it is appropriate (it won’t be for most users of this book, which is intended for individuals and sole proprietors).
leave the bottom box blank. if it applies to you, see a lawyer.
Statement by a Debtor Who Resides as a Tenant of Residential Property. as explained in Ch. 2, certain evictions are allowed to proceed after you file for bankruptcy, despite the automatic stay. the questions in this section are intended to figure out whether your landlord has already gotten a judgment for possession (eviction order), and whether you might be able to postpone the eviction. see Ch. 2 for the information you need to complete these boxes, if they apply.
Third Page
Signature(s) of Debtor(s) (Individual/Joint). you—and your spouse, if you are filing jointly—must sign where indicated. if you are filing alone, type “n/a” on the joint debtor signature line. include your telephone number and the date. you—and your spouse, if you are filing jointly—declare that you are aware that you may file under other sections of the bankruptcy code, and that you still choose to file for Chapter 7 bankruptcy.
(these provisions are described in Ch. 1.) if you think you want to pursue one of those options, put your Chapter 7 petition aside and either consult a lawyer or find a book that explains your proposed alternative in more detail. For example, check out Chapter 13 Bankruptcy: Repay Your Debts, by stephen elias and robin leonard (nolo).
Signature of Attorney. if you are representing yourself, type “debtor not represented by attorney” in the space for the attorney’s signature. if you are represented by a lawyer, fill in the blanks accordingly.
Signature of Non-Attorney Petition Preparer. if a bankruptcy petition preparer typed your forms, have that person complete this section. otherwise, type
“n/a” on the first line.
Form 6—Schedules
Form 6 refers to a series of schedules that provides the trustee and court with a picture of your current financial situation. Most of the information needed for these schedules is included in the Personal Property Checklist, Property exemption worksheet, and homeowners’ worksheet that you (hopefully) completed in Chs. 3 and 4.
Use the correct address for your creditors. Many of these schedules ask you to provide addresses for the creditors you list. For creditors who have dunned you with written requests or demands for payment, you should provide the address that the creditor listed as a contact address on at least two written communications you received from the creditor within the 90-day period prior to your anticipated filing date. If the creditor has not contacted you within that 90-day period, provide the contact address that the creditor gave in the last two communications it sent to you. If you no longer have the address of your original creditor, use the contact address of the most recent creditors. If a creditor is a minor child, simply put “minor child” and the appropriate address.
Don’t list the child’s name.