How to File Chapter 13 Without an Attorney
It is much easier to have a lawyer help with the bankruptcy process, but, understandably, someone suffering financial hardship may want to avoid the extra cost. A common form of personal bankruptcy is Chapter 13. Under Chapter 13 bankruptcy, debtors usually get to keep major assets and property and are required to pay a certain amount, determined affordable by the bankruptcy court, each month. Carrying out Chapter 13 bankruptcy on your own requires time and careful preparation.
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Things You'll Need
- Schedules A-J forms
- Voluntary Petition form
- Summary & Declaration of Schedules form
- Statement of Financial Affairs Income form
- Verification of Creditor Matrix form
- Chapter 13 Model Plan form
Instructions
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Contact all creditors who will be included in your bankruptcy suit. You will need to get their current address and phone number, your account number with them, the date you incurred the debt (s) and the total amounts you owe them.
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Compile additional information. Things you will need to include are your and your spouse's name, address, phone number, social security number, age and, if you have one, your tax Id number. Also, list gifts of over $100 you gave to charities and over $200 you gave to family members. If you have suffered any losses like theft, fire or gambling, include this information. List any previous addresses during the last two years and the dates of residence. Income information also has to be provided and should be specific about the gross paycheck amounts, estimated overtime and deductions for both you and your spouse. You also need to include monthly expenditures and a list of all assets including real estate, cash on hand, furnishings, vehicles and other property owned by both you and your spouse.
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Gather all information regarding your current and previous debts. This includes the case number, the date you filed for any bankruptcies in the last 6 years and payments related to bankruptcy within one year before filing. This also includes any payments of debts that are more than $600 that were made within 90 days of the proceedings. Set-offs made by creditors within the last ninety days and the date it occurred must also be included.
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Make sure to compile a list of any suits and garnishments. Include repossessions, foreclosures and returns on sales that occurred within one year preceding your bankruptcy suit.
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Provide a list of any property transfers. This includes the disclosure of property that is owned by another person but that is under your hold or control. Also provide the account details of accounts closed within the last year and the details (location, who has access, contents and the surrender date) of all safe deposit boxes .
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Visit your local district bankruptcy court and get the petition forms needed. There should be 10 petition forms known an "schedules". Other forms required are the Voluntary Petition, Summary & Declaration of Schedules, Statement of Financial Affairs Income (Means Test), Verification of Creditor Matrix and the Chapter 13 Model Plan.
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Appear for your "341 Meeting". During this meeting a trustee will swear you in and ask standard questions regarding your schedules and additional forms. Your creditors are invited, though most do not attend. The 341 meeting is basically your court meeting. You may or may not need to return to court for a confirmation hearing before the bankruptcy judge.
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Tips & Warnings
Under the Bankruptcy Code in your state, you may need to recieve credit counselling before filing for bankruptcy.
