Thursday, May 16, 2024
HomeBankChapter 7 Bankruptcy Forms

Chapter 7 Bankruptcy Forms

Chapter 7 Bankruptcy Forms

Chapter 7 Bankruptcy

You must file the first two forms in a Chapter 7 case. The last two forms can help you pass the means test and qualify for a Chapter 7 debt discharge.

  • B 108 Statement of Intention for Individuals Filing Under Chapter 7
  • B 122A-1 Chapter 7 Statement of Your Current Monthly Income
  • B 122A-1Supp Statement of Exemption from Presumption of Abuse Under §707
  • B 122A-2 Chapter 7 Means Test Calculation

Find out about the Chapter 7 bankruptcy process.

How Chapter 7 Works

A chapter 7 case begins with the debtor filing a petition with the bankruptcy court serving the area where the individual lives or where the business debtor is organized or has its principal place of business or principal assets. In addition to the petition, the debtor must also file with the court: schedules of assets and liabilities a schedule of current income and expenditures a statement of financial affairs and a schedule of executory contracts and unexpired leases. Fed. R. Bankr. P. 1007. Debtors must also provide the assigned case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case . 11 U.S.C. § 521. Individual debtors with primarily consumer debts have additional document filing requirements. They must file: a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling evidence of payment from employers, if any, received 60 days before filing a statement of monthly net income and any anticipated increase in income or expenses after filing and a record of any interest the debtor has in federal or state qualified education or tuition accounts. Id. A husband and wife may file a joint petition or individual petitions. 11 U.S.C. § 302. Even if filing jointly, a husband and wife are subject to all the document filing requirements of individual debtors.

  • A list of all creditors and the amount and nature of their claims
  • Do Chapter 7 Bankruptcy Forms Change

    Yes, the forms used to file a Chapter 7 bankruptcy case may change from time to time. If bankruptcy laws or rules change, the forms may change. In addition, the court may make changes to the forms occasionally.

    Therefore, it is crucial that you work with an organization like Upsolve that closely monitors the courts to ensure you have the most up-to-date Chapter 7 bankruptcy forms.

    Read Also: How To Buy Force Close House

    Local Chapter 7 Bankruptcy Forms

    We don’t list the local forms your local bankruptcy court could require in addition to the list of creditors here because they vary widely. You can learn more about your local bankruptcy court’s requirements by checking the local rules on the bankruptcy court’s website or calling the court clerk.

    If you’re unsure how to find your local court’s information, try using the Federal Court Finder. If you’d like more information about finding local bankruptcy forms, see How to Get and File the Bankruptcy Forms.

    Where Can I Find Free Bankruptcy Chapter 7 Forms

    Filing For Bankruptcy Chapter 7 In Arizona

    4 minute read â¢Upsolve is a nonprofit tool that helps you file bankruptcy for free.Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we’ll never ask you for a credit card.Explore our free tool

    In a Nutshell

    Filing for bankruptcy can seem confusing, and the paperwork itself can be daunting. Find the bankrutpcy forms for free.

    Struggling to pay your debts when you don’t have enough money each month to pay your living expenses is terrifying. The further behind you become on your debt payments the more aggressive your creditors become in their collection efforts. In some cases, a debt collector may harass you even though you have explained numerous times why you can’t pay the debt.

    Unfortunately, creditors and debt collectors care about one thing â getting money from you. They don’t care about your personal life or the circumstances that led to your current financial crisis. However, there is a way out of debt. You can use free bankruptcy Chapter 7 forms to file for bankruptcy relief without an attorney.

    Recommended Reading: How Does Filing For Bankruptcy Help You

    Your Statement Of Financial Affairs For Individuals Filing For Bankruptcy

    Your Statement of Financial Affairs for Individuals Filing for Bankruptcy is an extensive form that provides information to the court about your financial dealings. On the Statement of Financial Affairs, you disclose your past income, recent creditor payments, lawsuits, previous foreclosures and repossessions, transfers of property, closed bank accounts, business information, and more. Review each question carefully to make sure you answer it accurately.

    Click the link to view or download Form 107Statement of Financial Affairs for Individuals Filing for Bankruptcy from the U.S. Court bankruptcy form webpage.

    Navigating Your Bankruptcy Case

    Bankruptcy is an unusual area of law because it’s essentially a qualification process. The laws provide instructions for completing a 50- to 60-page bankruptcy petition, and because all rules apply in every case, you can’t skip a step.

    The forms and resources below will help you find more information. Also, this handy bankruptcy document checklist will help you gather the things you’ll need to complete the petition.

    More Bankruptcy Information

    You May Like: Can Just One Spouse File Bankruptcy

    Is Chapter 7 Really An Option For Me

    Many people ask us if Chapter 7 is the best option for them to get out of debt. Depending on your situation, filing a Chapter 7 bankruptcy case may allow you to get rid of most, if not all, your unsecured debts. In many cases, you can obtain free bankruptcy Chapter 7 forms to use when you prepare your bankruptcy petition.

    If you are considering filing for bankruptcy relief, we can help. Upsolve provides free bankruptcy Chapter 7 forms for you to use to file Chapter 7 without an attorney. We are a non-profit organization dedicated to helping individuals just like you get the debt relief they need. Because we are a non-profit, our filing tool is completely free.

    Less Common Types Of Bankruptcy


    Chapter 9 Bankruptcy

    Cities or towns may file for Chapter 9 bankruptcy if they are overwhelmed by debt. It allows municipalities to develop a plan for handling debts while holding creditors at bay.

    Chapter 11 Bankruptcy

    • Chapter 11, often called reorganization bankruptcy is usually used by businesses.
    • It allows a business to work out a court-supervised plan to pay back creditors while keeping its doors open. We mostly hear about big businesses filing for Chapter 11, but small businesses or even individuals can use it, too.
    • The trouble is that Chapter 11 is usually too expensive for smaller undertakings and anyone other than the most wealthy individuals, because it entails lots of meetings, court hearings, and big bills from bankruptcy lawyers.

    Chapter 12 Bankruptcy

    • This type of bankruptcy is a lot like Chapter 13 except its available only for family farmers and fishermen.
    • Its specially designed to help farmers and fishermen keep their livelihoods while paying off debts under a court-approved plan.
    • Chapter 12 has a higher debt threshold and more options to protect property than Chapter 13.

    Chapter 15 Bankruptcy

    • Chapter 15 is for people or organizations that have debts and property in the United States and another country.
    • Under this chapter, federal bankruptcy courts can more easily limit their involvement in the case to just the property and people in the United States.

    To qualify for Chapter 7 bankruptcy, you must show that either:

    Also Check: How To Declare Bankruptcy In Idaho

    Chapter 13 Statement Of Your Current Monthly Income And Calculation Of Commitment Period

    This form determines how long your Chapter 13 bankruptcy will last. Using this form, you will calculate whether your income falls above or below the median income in your state. If it falls below, your bankruptcy will last three years. If your income is higher than the median, your bankruptcy could last as long as five years.

    Chapter 7 Statement Of Your Current Monthly Income

    In this form, you will list all income you received in the six months before you file for bankruptcy. If it is lower than the median income in your state, you are eligible to file for a Chapter 7 bankruptcy. If it is higher than the median state income, you are required to complete the Chapter 7 Means Test Calculation.

    Don’t Miss: Do You Claim Bankruptcy On Your Taxes

    Need More Bankruptcy Help

    Did you know Nolo has been making the law easy for over fifty years? It’s trueand we want to make sure you find what you need. Below you’ll find more articles explaining how bankruptcy works. And don’t forget that our bankruptcy homepage is the best place to start if you have other questions!

    Our Editor’s Picks for You

    More Like This

    Other Official Chapter 7 Bankruptcy Forms

    Chapter 7 Bankruptcy Definition And Forms â db

    The bankruptcy forms listed above are whatâs needed in every single individual Chapter 7 bankruptcy. But, depending on your financial situation, there may be some additional information the court will need. The forms used to provide this additional information are not really optional – theyâre more supplemental. They supplement the information youâve provided in your petition with some additional information.

    Fee Waiver Application

    If you canât afford to pay the Chapter 7 court filing fee and your household income is less than 150% of the federal poverty guidelines, you can use Official Form 103B to ask for a fee waiver. This Application to Have the Chapter 7 Filing Fee Waived is submitted to the court at the same time as your petition.

    Application to make payments for filing fee

    If youâre not eligible for a fee waiver, but canât wait to save up the full $338 filing fee, you can submit Official Form 103A, the Application for Individuals to Pay the Filing Fee in Installments with your petition. This allows file your case with only a small down-payment and then make up to 3 payments to pay off the fee in full.

    Statement About Your Social Security Number

    Statement of Intentions

    Chapter 7 Means Test Calculation

    Means Test Exemption

    Schedule J-2: Expenses for Separate Household

    Official Form 106J-2, titled Schedule J-2: Expenses for Separate Household of Debtor 2 is used when a married couple filing bankruptcy together doesnât actually live together.

    Recommended Reading: Warehouse Pallets For Sale

    The Chapter 7 Discharge

    A discharge releases individual debtors from personal liability for most debts and prevents the creditors owed those debts from taking any collection actions against the debtor. Because a chapter 7 discharge is subject to many exceptions, debtors should consult competent legal counsel before filing to discuss the scope of the discharge. Generally, excluding cases that are dismissed or converted, individual debtors receive a discharge in more than 99 percent of chapter 7 cases. In most cases, unless a party in interest files a complaint objecting to the discharge or a motion to extend the time to object, the bankruptcy court will issue a discharge order relatively early in the case generally, 60 to 90 days after the date first set for the meeting of creditors. Fed. R. Bankr. P. 4004.

    The grounds for denying an individual debtor a discharge in a chapter 7 case are narrow and are construed against the moving party. Among other reasons, the court may deny the debtor a discharge if it finds that the debtor: failed to keep or produce adequate books or financial records failed to explain satisfactorily any loss of assets committed a bankruptcy crime such as perjury failed to obey a lawful order of the bankruptcy court fraudulently transferred, concealed, or destroyed property that would have become property of the estate or failed to complete an approved instructional course concerning financial management. 11 U.S.C. § 727 Fed. R. Bankr. P. 4005.

    Chapter 7 Checklist & Forms For Individuals

    The checklist and forms referenced on this page are required for all individual filings. If you are a corporation, or other business, specific forms for non-individuals can be found at

    * The forms package is provided as a courtesy and the fillable features of the forms may not be compatible with all versions of Adobe software.

    Chapter 7 Checklist – Required Forms & Documents for Individuals

    A complete list of official forms, including those referenced below, can be found at:

    • Voluntary Petition for Individuals Filing for Bankruptcy this completed form must be signed by the debtor. Additional signatures may be necessary if you are represented by an attorney or if you paid someone to prepare your documents.
    • Your Statement About Your Social-Security Numbers ) – this form requirement applies to individual debtors only. Your full social security number is required.
    • Application to Pay Filing Fee in Installments by Individual Debtor if applicable
    • Application to Have the Chapter 7 Filing Fee Waived if applicable
    • A Summary of Your Assets and Liabilities and Certain Statistical Information – Individual
    • Schedules A/B through J – Individual and joint debtors must file Schedules A/B through J. If any of the applicable schedules do not apply, the debtor MUST note NONE on the form and file it with the other documents.

    – Schedule A/B: Property Individual

    Also Check: Can You Make Too Much Money To File For Bankruptcy

    The Two Kinds Of Bankruptcy Most Consumers Use

    This website focuses on the two most common types of bankruptcy filed by individuals: Chapter 7 and Chapter 13. But heres a quick summary of the six types of bankruptcy most commonly filed under the bankruptcy code they get their names from the chapters where they appear in the code.

    Chapter 7 Bankruptcy

    • Chapter 7 lets individuals wipe out most kinds of debt in just a few months.
    • You get to keep certain kinds of propertyfor example, at least some of the equity in your home, your car, clothing, personal items, and property that is essential to your profession. This type of property is called exempt property, and many Chapter 7 filers find that exemptions cover most of what they own.
    • If you have nonexempt property, the bankruptcy trustee will sell it to repay your creditors as much as possible.
    • To qualify for Chapter 7, you must pass the means test, showing that your income is less than the state median income for your family size.
    • Most bankruptcies filed in the U.S. are Chapter 7 bankruptcies.

    Chapter 13 Bankruptcy

    Southern District Of Texas

    Bankruptcy Basics – Part 4: Filing for Bankruptcy
    Application to Employ |word| |pdf|
    Nunc Pro Tunc Application to Employ |word| |pdf|
    Chapter 11
    Application to Employ |word| |pdf|
    Nunc Pro Tunc Application to Employ |word| |pdf|
    • Uniform Plan and Motion for Valuation of Collateral
    Uniform Modification of Confirmed Plan and Motion for Valuation of Collateral
    Uniform Modification of Confirmed Plan
    Motion to Modify Confirmed Plan 03/18/16
    Chapter 13 Trustee Procedures for Administration of Claims Secured by Real Property 06/28/2022
    Order for Electronic Transfer 04/09/19
    Order for Electronic Transfer 04/09/19
    Motion for Rule 4001 Abandonment 10/17/05
    Application for Approval of Fixed Fee in Chapter 13 Standard Cases 1/08/2021
    Application for Approval of Fixed Fee in Chapter 13 Non Standard Cases 1/08/2021
    Debtors’ Certification and Motion for Entry of Chapter 13 Discharge 04/01/16
    Uniform Motion to Amend Confirmed Chapter 13 Plan to Satisfy Recently Filed, Timely Proofs of Claim

    You May Like: How Do Foreclosed Homes Work

    Chapter 7 Means Test Calculation

    You use the Means Test to deduct certain allowed expenses from your income. These include housing costs, child care, utilities, and taxes. If you dont have any disposable income remaining after deducting your necessary expenses, you pass the test and will be able to file for Chapter 7 bankruptcy.

    Chapter 13 bankruptcy filers must also complete several forms in addition to bankruptcy Schedules A-J.

    Alternatives To Chapter 7

    Debtors should be aware that there are several alternatives to chapter 7 relief. For example, debtors who are engaged in business, including corporations, partnerships, and sole proprietorships, may prefer to remain in business and avoid liquidation. Such debtors should consider filing a petition under chapter 11 of the Bankruptcy Code. Under chapter 11, the debtor may seek an adjustment of debts, either by reducing the debt or by extending the time for repayment, or may seek a more comprehensive reorganization. Sole proprietorships may also be eligible for relief under chapter 13 of the Bankruptcy Code.

    In addition, individual debtors who have regular income may seek an adjustment of debts under chapter 13 of the Bankruptcy Code. A particular advantage of chapter 13 is that it provides individual debtors with an opportunity to save their homes from foreclosure by allowing them to “catch up” past due payments through a payment plan. Moreover, the court may dismiss a chapter 7 case filed by an individual whose debts are primarily consumer rather than business debts if the court finds that the granting of relief would be an abuse of chapter 7. 11 U.S.C. § 707.

    Debtors should also be aware that out-of-court agreements with creditors or debt counseling services may provide an alternative to a bankruptcy filing.

    Recommended Reading: When Filing Bankruptcy Can They Take Your Tax Refund

    Types Of Debt That Is Not Eliminated By Bankruptcy

    You cannot discharge all debts in bankruptcy. Some of the most common debts that you cannot get rid of in bankruptcy are:

    • Debts from child support or spousal support
    • Most student loans
    • Wages you owe people who worked for you
    • Damages for personal injury you caused when driving while intoxicated
    • Debts to government agencies for fines or penalties


    Popular Articles