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Forms Required for Filing Bankruptcy - Chapter 13

Forms Required for Filing Bankruptcy – Chapter 13

There are a number of documents that you will have to complete and file in a Chapter 13.

A Chapter 13 case is started by filing a completed Voluntary Petition form. This is the official court form that asks basic information including:

  • Name, address and social security number
  • Type of bankruptcy you are filing (Chapter 7, 11, 12 or 13)
  • Type of debtor you are (Individual, corporation, partnership)
  • Whether your debts are primarily consumer or business
  • If you are a business debtor, the type of business
  • How you will be paying for your filing fee
  • Estimated number of creditors
  • Estimated amount of your debts
  • Estimated value of your property
  • Whether there are any nonexempt assets
  • Your history of bankruptcy filings
  • Whether you have completed your credit counseling certificate

Additional documents must be filed within 14 days after the filing of the petition. However, the best practice is to file all of the documents when the petition is filed so that the case is kept under control and to ensure that the deadline is not missed. The documents that must be filed within 14 days include:

  • All of the same documents required in a Chapter 7 (see article), which exception of the Statement of Intention that is not required in a Chapter 13.
  • In addition, there are other documents required in a Chapter 13 that are not required in a Chapter 7.
  • One key document required in a Chapter 13 that is not required in a Chapter 7 is that a Chapter 13 repayment plan must be filed.
  • In addition, a form that is used to calculate disposable monthly income must be filed.

You must also provide evidence that you filed tax returns for the previous four tax years, prior to the creditors’ meeting. The trustee can keep the creditors’ meeting open for 120 days after the first date for which it is scheduled to allow you extra time to obtain and file your returns. The court can give an additional 30 days if necessary.

While the bankruptcy is pending you must also file:

  • Any new tax returns
  • Statement of monthly income that shows income and expenses which must include the amount and sources of income, list of dependants gender and ages and identity and amount of any person who contributes to the household.

 

 


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