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Bankruptcy

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.

 

Download the PDF file .

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.

Download the PDF file .

Statement of Current Monthly Income and Means Test Calculation (Chapter 7)

 

INSTRUCTIONS: CHAPTER 7 MEANS TEST

Chapter 7 bankruptcy proceedings completed by individuals involve the liquidation of assets with the purpose of paying off debts and discharging the balance which cannot be paid afterwards. To obtain this status, you must first fill out the Chapter 7 Means Test proving they qualify for this status. These forms are provided by the United States Courts system and can be printed out from their website.

Chapter 7 Means Test Step 1: Part I should be completed by any debtor who is a military member or whose debts are not consumer related.

Chapter 7 Means Test Step 2: Part II is designed to determine your total current income from the last six months. List your marital status, gross wages, income from operating a business or farm, rent and property income, and any other income. Calculate your current monthly income as indicated.

Chapter 7 Means Test Step 3: In Part III, list the average median family income for households of your size in your state. This information is available on the website of the Department of Justice. If your current monthly income from Part II is equal to or less than this amount, skip to Step 10.

Chapter 7 Means Test Step 4: Part IV allows you to adjust your total monthly income based on various issues related to your spouse's financial status.

Chapter 7 Means Test Step 5: Part V, Subpart A allows for standard deductions as defined by the IRS. The Department of Justice lists the figures you will need, such as mortgage and household expenses.

Chapter 7 Means Test Step 6: Part V, Subpart B allows you to list other expenses, such as the cost of education for dependent children under 18.

Chapter 7 Means Test Step 7: Part V, Subpart C allows you to list expenses related to other debt payments.

Chapter 7 Means Test Step 8: Part VI measures your total deductions listed under the previous three sections against your average monthly income as listed in Part II. Completing this part of the form will determine how much of your debt can be disposed of versus your expenses.

Chapter 7 Means Test Step 9: Part VII allows you list any additional expense you feel are essential.

Chapter 7 Means Test Step 10: Sign and date the form. This will be part of your application for bankruptcy at your applicable court.

Download the PDF file .