INSTRUCTIONS: DISCHARGE OF DEBTOR CHAPTER 7
Chapter 7 bankruptcy proceedings are for individuals or businesses that are unable to pay their debts in their entirety. In order to undertake this process, you must first complete a Chapter 7 means test. This form can be obtained from the United States Courts website. Your local bankruptcy court must then process and review this form.
If your request is approved, you will then be issued a Discharge of Debtor Chapter 7 form. Essentially, this form requires all creditors to cease collection actions and wait for the establishment of a payment plan. There is no way to obtain this form other than going to bankruptcy court.
Discharge of Debtor Chapter 7 Step 1: A judge will list the name of the bankruptcy court where you are indicated at the top of the form.
Discharge of Debtor Chapter 7 Step 2: Underneath this space, a judge will list your full name, including all trade, married and maiden names that you have used within the last eight years. Provide this information as required.
Discharge of Debtor Chapter 7 Step 3: A judge will list your address.
Discharge of Debtor Chapter 7 Step 4: A judge will list your Social Security Number and/or Employer Tax-Identification Number as applicable.
Discharge of Debtor Chapter 7 Step 5: A judge will list the number which has been assigned to your case.
Discharge of Debtor Chapter 7 Step 6: A judge will make sure that you understand the generic statement beneath this information. This is a brief statement that it appears that you are entitled to a stay in collection efforts.
Discharge of Debtor Chapter 7 Step 7: Once you are given a copy of this document, bankruptcy proceedings will continue. This document is not dissolution of all your debts. The document will list some of the debts which do not apply to Chapter 7. These include most taxes, student loan payments, fines and criminal penalties, and domestic support payments
Discharge of Debtor Chapter 7 Step 8: This agreement can be revoked or nullified by a judge if you are found to have concealed income or otherwise committed fraud.
Discharge of Debtor Chapter 7 Step 9: Due to the complexity of bankruptcy proceedings, this form also contains a notice advising applicants to obtain the assistance of a bankruptcy attorney if they have not already done so.
INSTRUCTIONS: NOTICE TO CREDITORS AND OTHER PARTIES OF INTEREST
Receivership is an alternative to bankruptcy that can only be undertaken by businesses, not private individuals. This process places a party, deemed a "receiver," in charge of liquidating the assets of a debtor and supervising the division of resulting proceeds among creditors. This will not eliminate debts.
A Notice to Creditors and Other Parties of Interest is a form that must be published in a newspaper in the county or district where receivership proceedings have been undertaken. The form itself is highly customizable, both from state to state and in the body of text placed within it. The example used here comes from the Montana Bankruptcy Court system but is similar to many others. This form will be filled out after a receiver has been placed in charge of handling this process.
Notice To Creditors And Other Parties Of Interest Step 1: The receiver or business filling out the form will fill out the location of the bankruptcy court which is supervising these proceedings.
Notice To Creditors And Other Parties Of Interest Step 2: The receiver or business will place the name or names of the debtors and businesses in question, along with other relevant information deemed necessary by the court in the applicable area, such as their address or the last four digits of their Social Security Number.
Notice To Creditors And Other Parties Of Interest Step 3: In the blank space provided, an explanation should be provided of the fact that a business is now in the receivership process. This section should provide a date by which creditors should submit their claim for compensation, as well as the mailing address of the receiver in charge of this process.
Notice To Creditors And Other Parties Of Interest Step 4: Depending on where you are completing this process, it may be necessary to obtain the signature of the bankruptcy court clerk overseeing this process.
Notice To Creditors And Other Parties Of Interest Step 5: A copy of this notice should be placed in the largest newspaper in the county where this process is being completed for several weeks. Whether this must be done two or three times in a row will depend on where you are. You may also be required to mail copies to all known creditors.
INSTRUCTIONS: NOTICE OF CHAPTER 12 BANKRUPTCY CASE, MEETING OF CREDITORS & DEADLINES
Chapter 12 bankruptcy proceedings consolidate debts and create a payment plan for family farmers and fishermen. The Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines form is completed by the clerk of the bankruptcy court where these proceedings are unfolding. A copy of the form may be obtained from the United States courts website but is not for use by debtors or creditors.
Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 1: The clerk will enter the number and district of the court where the case is unfolding.
Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 2: The clerk will enter the name of the debtor who filed for Chapter 12. Alternately, if an involuntary petition for bankruptcy against the debtor was filed by creditors and converted to Chapter 12, the original case number will be listed here.
Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 3: The name and address of the debtor will be entered, as well as their case number, their attorney's name and address, and the name and address of their creditor.
Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 4: A meeting will be set to question debtors about their dates. The time and date for this meeting will be listed. Creditors are permitted but not obligated to attend.
Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 5: The deadline to file a proof of claim for debts will be listed, along with the date to submit an objection to the dismissal of any debts a creditor believes cannot be discharged under bankruptcy law.
Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 6: The clerk of the bankruptcy court will sign and date the form.
Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 7: Copies of this form will be submitted to all known creditors. A "proof of claim" form may be attached. Creditors must submit this form in order to collect their debts.
Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 8: If a proof of claim form is not attached, creditors will need to obtain one from the bankruptcy court in question.