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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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General Power of Attorney

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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.

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Order Discharging Debtor Before Completion of Chapter 13 Plan

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Order Confirming Chapter 12 Plan

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Subpoena in an Adversary Proceeding

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Form B-25B Disclosure Statement

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Declaration under Penalty of Perjury on Behalf of a Corporation or Partnership

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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. 

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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.

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