Home Bankruptcy

Bankruptcy

Schedule J- Current Expenditures of Individual Debtor(s)

INSTRUCTIONS : SCHEDULE J CURRENT EXPENDITURES OF INDIVIDUAL DEBTORS (Form B-6J)


Schedule J, which lists the current expenditures of individual debtors is one of the bankruptcy form 6 schedules that will offer information about your financial predicament. On this form, all of your expenses should be calculated on a monthly basis using the past six months of expenditures as a basic guideline.


Before beginning to file the Form B-6J, Schedule J Current Expenditures of Individual Debtors petition, you must gather all necessary materials to expedite the process. Collecting necessary paperwork to calculate your monthly expenses is vital. The following documents or income statements should be gathered to streamline this process:

o Your mortgage statement (this is obviously not applicable if you rent)


o All of your utilities bills, including electricity and gas, water, telephone, cable and all bills associated with trash collection


o All of your receipts for all expenditures for the past six months


o Records for any charitable contributions that you may have made


o Insurance statements for health, auto, life and other


o All payment stubs or documents associated with loans


o Your bank statements for the last six months


When you have gathered the above information, Form B-6J Schedule J requires you to calculate your monthly expenses. For each line on Schedule J, add up the total expenditures for the last six months. Once you have done this, find the monthly average by dividing this sum by 6. In this section, some expenses may not be paid on a monthly basis; when this occurs, pro-rate these expenditures by multiplying the number of payments made in a year by dividing by 12.


When filing this information be sure not to duplicate expenses; some expenses, such as homeowner’s insurance, may fit into multiple categories. Only calculate these items once; income taxes, for instance, that are withheld from your paychecks should not be included on multiple lines.


In addition to avoiding duplicates, be sure to not over or underestimate your expenses; you must be accurate and inclusive when entering this information. 

Download the PDF file .

Special Power of Attorney

INSTRUCTIONS: SPECIAL POWER OF ATTORNEY (Form 11B)

 

People undergoing bankruptcy who wish to appoint someone to act on their behalf and represent them throughout meetings of creditors other than an attorney will need to complete a special power of attorney form, numbered 11B. This document is applicable in all 90 bankruptcy courts across the United States. Form 11B may be obtained from the website of the United States Courts system.

 

Special Power of Attorney 11B Step 1: Enter the number of the district where bankruptcy proceedings are unfolding and the name of the city, state or district at the top where indicated.

 

Special Power of Attorney 11B Step 2: Enter the case number which has been assigned to bankruptcy proceedings, as well as the chapter type of the bankruptcy you are applying for.

 

Special Power of Attorney 11B Step 3: Enter up to two names of people whom you wish to authorize to attend meetings of creditors and make decisions on their behalf. These representatives can also act on behalf of the trustees of the estate of a debtor. Include their addresses where indicated next to their names.

 

Special Power of Attorney 11B Step 4: This form must be completed in front of a notary, bankruptcy judge, clerks and deputy clerks of bankruptcy courts, United States trustees and American diplomatic or consular officers in foreign countries. Sign and date the document. Print your name next to the word "by".

 

Special Power of Attorney 11B Step 5: The authorized figure acting as a witness should indicate whether the person signing is an individual or a person acting on behalf of a partnership or corporation. They should then provide their authorized signature.

Download the PDF file .

Form B-22C Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income

INSTRUCTIONS : STATEMENT OF CURRENT MONTHLY INCOME AND CALCULATION OF COMMITMENT PERIOD AND DISPOSABLE INCOME (Form B-22C)


The Form B-22C Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income is a standardized form associated with a bankruptcy filing to facilitate the calculation regarding whether a debtor is an above-median income individual. In essence, the form is used to create a comparison of the debtor’s income over the prior six months before bankruptcy against the state’s, in which the filer resides, median income. The prior six months is known as the “Current Monthly Income” or CMI; if the debtor is found to have an above-median income, than the Bankruptcy code will provide a calculation, known as the “Means Test” to determine if the debtor has enough valuable income to be forced into a Chapter 13 Bankruptcy filing. 


What does the Form B-22C Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income Consist of?

To facilitate the calculation, the court will use the Form B-22C Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income. The form, which consists of six pages, requires the filer to first report their income. This section of the form will ask various questions concerning your income, including information regarding your gross receipts, business income, gross wages, salary, tips, bonuses, rent/property income, interest, pension income, unemployment compensation, income derived from investment and all other sources of income. Following the satisfaction of this information, the form will provide a means for calculation, similar to that of a basic tax return. Once your income has been calculated you will proceed to Part 3 of the form, which will ask questions to determine your disposable income. 


Part 3 of the form is fairly short, however, the subsequent section, the calculation of deductions allowed under bankruptcy code, represents the bulk of the form. All questions regarding deductions, allow the filer to reduce their income; this portion of the form is crucial when calculating your final, net disposable income found at the bottom of the page. Once your net income has been calculated following the obtainment of all allowable deductions, the coordinating bankruptcy court or judge will evaluate whether or not you qualify for a chapter 13 filing given your particular state’s median income level. 


Download the PDF file .