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Schedule H – Codebtors

INSTRUCTIONS : SCHEDULE H CO-DEBTORS (Form B-6H)


If you are completing a bankruptcy form Schedule H for codebtors, then you will need to have a set of clear instructions to help streamline the filing. In most instances, however, it is best to have a bankruptcy attorney assist you. Prior to the filing of Schedule H, you should understand what a codebtor is.


A codebtor refers to any individual who you share a debt with. For instance, in the event that you bought a car or a house, a codebtor is an individual who acts as your co-signer. Co-debtors are typically offered certain protections when the debtor files for bankruptcy; in addition, a codebtor may receive credit for payments that are made by the debtor on a debt during a bankruptcy case. In summation, the codebtor will not be penalized for the debtor’s bankruptcy.


Completing Schedule H:

To complete Form B-6H you must provide the trustee and the creditor with information concerning any and all codebtors. On this form, a codebtor represents an individual in a joint case who is liable for all debts that are listed by the debtor in the schedules of creditors. If you currently possess no codebtors then you will need to check the corresponding box and move forward to the next schedule. 


The Schedule H portion of the petition is a basic two column form; in the first column you will provide personal and basic information concerning you codebtor, such as their name, address and date of birth. In the next column you will list all information regarding the type of debt the co-signer took on for you. In this column you will provide all information regarding the debt, including the amount of the debt, the type of debt, the date it was agreed to, the amount unpaid and other particulars associated with the particular debt. In this section, you will also be detail characteristics associated with the co-debtor—for example, if the codebtor is not your spouse or if the individual co-signed a piece of property for you. 

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Proof Of Claim

INSTRUCTIONS: PROOF OF CLAIM

 

A proof of claim is submitted by creditors in a bankruptcy case to establish their claim for payment. This is filled out in response to a notice that a bankruptcy case has been established by the creditor in question. The proof of claim form may be attached with this notice or obtained from the website of the United States Courts system.

 

Proof of Claim Step 1: Enter the name of the debtor and the case number which has been assigned to their bankruptcy proceedings.

 

Proof of Claim Step 2: Enter the name of the creditor, as well as the name, address and contact information for where all subsequent notices regarding the progress of the case should be sent.

 

Proof of Claim Step 3: Enter the address where payments should be sent if it is different from the address listed above.

 

Proof of Claim Step 4: Enter the amount of the debt owed.

 

Proof of Claim Step 5: Enter the nature of the debt incurred, such as failure to pay for goods purchased or credit card debt.

 

Proof of Claim Step 6: Enter the last four digits of the social security number or tax identification number of the debtor.

 

Proof of Claim Step 7: If the debtor incurred their debt under a different name, list it next to 3a. If your business has a uniform claim number (used to identify large businesses), list it next to 3b.

 

Proof of Claim Step 8: If the claim is secured in the form of a lien placed upon the debtor's property (meaning it can be sold to pay off the debt), list the nature of the property in question, such as an automobile or real estate.

 

Proof of Claim Step 9: If your claim is defined as having priority under bankruptcy code 11 U.S.C. § 507 (a), note so under section 5. These include domestic support payments, wages or payments earned in the 180 days prior to bankruptcy being filed for and government taxes.

 

Proof of Claim Step 10: Note any payments which have been made by the creditor in section 6.

 

Proof of Claim Step 11: Attach copies of all documents which substantiate your claim, such as invoices.

 

Proof of Claim Step 12: Sign and date the form. This must be submitted to the bankruptcy court overseeing this case.

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Voluntary Petition

INSTRUCTIONS: VOLUNTARY PETITION

 

People who wish to apply for any form of bankruptcy will be required to submit a Voluntary Petition. This document provides the bankruptcy court in your area with some basic information about your assets and claims. The document can be obtained online from the United States Courts system website or in person at your local bankruptcy court.

 

Voluntary Petition Step 1: List your full name, street and mailing addresses (if different), and the county where you live. Provide the last four digits of your Social Security number or Taxpayer Identification Number. If you are filing jointly with a spouse, they should provide all name and residence information as well.

 

Voluntary Petition Step 2: If you are filing for bankruptcy for a business whose assets are primarily held at an address other than those listed above, provide the address where indicated.

 

Voluntary Petition Step 3: Indicate whether you are a private individual filing singly or jointly or a business debtor.

 

Voluntary Petition Step 4: If a business debtor, check the box next to the one which describes the nature of your business.

 

Voluntary Petition Step 5: Indicate what chapter of bankruptcy you are filing for and whether your debts are largely consumer or business.

 

Voluntary Petition Step 6: Indicate whether paying the filing fee in full, or are requesting either an installment payment plan or a waiver of the fee.

 

Voluntary Petition Step 7: In the section marked "Statistical/Administrative Information," indicate whether you think funds will be available to pay unsecured creditors once bankruptcy has been completed. Estimate how many creditors you have, as well as your assets and liabilities.

 

Voluntary Petition Step 8: List all bankruptcy cases filed within the last 8 years, as well as any pending bankruptcy cases filed by a business partner, spouse or affiliate.

 

Voluntary Petition Step 9: Exhibit B must be completed by individuals with primarily consumer debts. Exhibit D must be completed by every individual debtor. Exhibit A is for those who must regularly file SEC reports. Exhibit C asks if you have property or assets which endanger public health.

 

Voluntary Petition Step 10: Indicate whether you have lived in the district you are filling in for 180 days, are associated with a pending bankruptcy case in the area, or are involved in a foreign matter based in this district.

 

Voluntary Petition Step 11: Sign and date the petition.

 

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Schedule I – Current Income of Individual Debtor(s)

INSTRUCTIONS : SCHEDULE I CURRENT INCOME OF INDIVIDUAL Debtors (Form B-6I)


Schedule I, which is a necessary form in a bankruptcy filing, deals with the current income of debtors—both joint and single filings apply. When filling-out Form b-6I Schedule I, it is crucial to be completely honest when entering the requested information—lying or submitting inaccurate information will raise flags and could further delay your bankruptcy filing. It is a terrible idea to understate your income; this maneuver will invariably lead to complications and in most cases, legal action taken by the particular court system.


Preparing to File Schedule I

Before filing schedule I, be sure to have any and all income statements at hand. This includes all pay stubs, business income, social security and income generated from pensions. Anything that generates a monthly income must be entered on this particular schedule.


Filing Schedule I

At the top of the form, you will be asked to enter your name, marital status and any dependents. In this section you will also be asked to fill in your place of work, as well as the address and workplace of your spouse if applicable. Spousal information must be entered even if you are filing a separate case.


Questions one through six on the form will require you to access your pay stubs and income statements. Take the most recent month’s income and total it up; take this figure and enter it on line 1. Following the input of this information, add up all payroll deductions for that month and enter them on the appropriate liens. 


Questions 7 through 13 are related to all other forms of earned income apart from wages—if there is money coming in from any other source enter the corresponding information. If there is no income accrued outside of wages, enter a zero to indicate that there is nothing to report. Once you have filed this information you can move on, but as stated before, do not underestimate your income—it is illegal and you will surely get caught.

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