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Credit and Debt

Preparing Bankruptcy Petition

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Filing for Bankruptcy Without an Attorney

 

Debtors must list information into their (petition) bankruptcy schedules...

 

Q:

 

What happens when you do not have a case number to put on the forms

before you mail them in or drop them off at the Federal courthouse

Does a bankruptcy clerk insert the case number after they receive the package

 

Lists of the documents [including schedules] that debtors must file

can be found online at uscourts .gov   Procedural Form B 200

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Form B6D

 

SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS

 

List creditors holding all types of secured interests such as judgment liens, garnishments, statutory liens, mortgagesdeeds of trust, and other security interests. List creditors in alphabetical order.

 

State the name, mailing address, including zip code, and last four digits of any account number of all entities holding claims secured by property of the debtor as of the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so.

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FORM B6E

 

SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS

 

A complete list of claims entitled to priority, listed separately by type of priority, is to be set forth on the sheets provided. Only holders of unsecured claims entitled to priority should be listed in this schedule.

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FORM B6F

 

SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS

 

Do not include claims listed in Schedules D and E.

If all creditors will not fit on this page, use the continuation sheet provided

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FORM B8

 

CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION

 

 

Completing the Statement of Intention 

 

On Part A of the Statement, you must describe each item of secured property, list the

creditor holding the debt secured by the property, indicate what you intend to do with

the property, and then indicate whether the property is exempt or not.

 

In Chapter 7 bankruptcy you can either give up the property (surrender it) or keep the property (retain it).

Wonder how many people who declare bankruptcy (surrender) walk away from their home (mortgage).

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 CHAPTER 7 BANKRUPTCY   VOLUNTARY PETITION

 

 

OfficIal Form B1, MUST be used by a debtor to begin a bankruptcy case.

 

Filing this petition is how an individual or other entity “declares bankruptcy.”

 

Form B1 Exhibit D, Individual Debtor’s Statement of Compliance with

Credit Counseling Requirement

 

Form B 21  An individual debtor’s Statement of Social-Security Number

 

Mailing list containing the names and addresses of the creditors

and others that should receive notices from the court in the case, 

 

MUST accompany the petition along with filing fees

(B3A installments or B3B waiver).

 

If the schedules and other documents are not prepared

and ready to be filed at the same time the petition is filed,

 

Rule 1007© allows 14 days for completing and filing most of them.

 

 

It is important to determine what the particular court’s requirements are

by contacting the clerk’s office or by checking the court’s local rules. 

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  What Tax Documents Do You Need to File for Chapter 7 Bankruptcy?

 

 Q: Do you need copies of both Federal and State income tax returns?

 

 

Tax Returns

 

You will usually need to provide copies of your tax returns or tax transcripts for the last two years.  

Some trustees may require more tax returns while others may ask only for your most recent one.

 

 

 
To Get Transcript Online, you must have a Social Security number (SSN)                                           
and immediate access to your email account to confirm your email address. 
Then you'll need to answer personal, financial and tax related questions 
to verify your identity. 
If you previously registered, just log in with your user ID and password.
 
To Get Transcript by Mail, you need your SSN 
or an ITIN Individual Tax Identification Number, 
date of birth, and address from your latest tax return. 

 

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Is there a special form or schedule you use when you

prepare a Bankruptcy Petition regarding the following:

 

Judgment & Lien for nonpayment

of Annual Fees on a Timeshare

 

How do  you discharge a default judgment and eliminate a lien 

 that was recorded at the courthouse where the timeshare is

 located and also recorded at the courthouse where you live.

 

-

 

A bankruptcy discharge does not automatically eliminate liens on your property.

 

-

 

Whether you can avoid a lien in bankruptcy depends on:

  • the type of lien
  • the value of the property
  • your exemptions, and
  • whether you are filing for Chapter 7 or Chapter 13 Bankruptcy 

 

To avoid a lien in Chapter 7 bankruptcy,

you must file a motion with the court and obtain a court order.

 

 

 

 

 

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Regarding:  BANKRUPTCY COURT NOTICES

 

During the course of a bankruptcy case or proceeding,

bankruptcy court notices are mailed by the (BNC) 

Bankruptcy Noticing Center on behalf of the court.

 

The BNC, which is operated by a private contractor, 

provides notice production and mailing services for the court.

 

http://ebn.uscourts.gov/

 

Note:  The Bankruptcy Noticing Center is not the court.

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