What Information Do You Need to File Bankruptcy in Ohio?

For the most part, the information you need to file bankruptcy in Ohio is the same as what you will need in any bankruptcy court in America. Bankruptcy is governed by the federal rules of bankruptcy procedure, which apply equally to all states. The primary difference is that certain courts in Ohio require local forms in addition to the standard federal bankruptcy forms.

  1. Assets, Income and Tax Returns

    • You must provide the Ohio Bankruptcy Court with a complete picture of your financial situation, including all forms of income and assets. The court requires a copy of your most recent pay stubs and your income tax returns for the prior three years. On the bankruptcy petition itself, you must list your real property on Schedule A and all of your personal property including cash, checking and savings accounts, household furnishings, automobiles and interest in life insurance policies on Schedule B. Schedule I asks for your current and projected income, including wages, retirement distributions, Social Security payments and interest and dividends. You will also have to include your income information on Form 22A, the Statement of Current Monthly Income. If you are working with an attorney, he may request additional documentation such as copies of credit reports.

    Creditors and Liabilities

    • Bankruptcy law requires that you list all of your creditors in a bankruptcy petition, even if you intend to pay them back after your discharge. Creditors are divided into two types, secured and unsecured. Secured creditors issue you a loan backed by collateral, such as a car or a specific consumer purchase like a computer or furniture. Unsecured creditors are open-ended loans such as those issued by credit card companies. You will need information on all of your outstanding loans and balances to file bankruptcy in Ohio. List your secured creditors on Schedule D of your bankruptcy petition and your unsecured creditors on Schedule F. You can usually obtain creditor names, addresses and balances on a recent copy of your credit report. You must also provide your current and estimated future monthly expenses on Schedule J.

    Counseling Certificates

    • Bankruptcy law changed in 2005, and you must now attend a counseling and financial management class in order to successfully file bankruptcy. You must take pre-petition counseling not more than 180 days before you file a petition and a financial management course not more than 45 days after your meeting of creditors.

    Bankruptcy Petition Forms

    • The federal bankruptcy petition is a lengthy document that is standardized across all 50 states. You can find the forms at the website for the United States Courts or at your local bankruptcy court. Filing an incomplete bankruptcy petition can result in the dismissal of your case.

    Local Court Forms

    • Although local court districts must comply with federal law when it comes to bankruptcy, they are permitted to require additional documentation or to use specific forms in certain situations. The websites and bankruptcy clerks for both the Northern and Southern Bankruptcy Districts of Ohio outline what local rules apply to bankruptcy petitions. For example, in the Canton, Ohio, bankruptcy court you must file a debtor acknowledgement form if you are filing a bankruptcy petition pro se, or without the assistance of an attorney.

Related Searches:

References

Resources

Comments

You May Also Like

Related Ads

Featured