Defeat Bankruptcy

How to File Personal Bankruptcy: Basic Bankruptcy

Filing Procedures
Once you’ve gathered all of your papers and documents together, follow the following bankruptcy filing instructions.

• Place all the bankruptcy forms in correct order.
• Make sure that you, and your spouse/partner if you are filing a joint petition, have dated and signed each form where required.
• Always make the required number of form copies, and also one extra form copy for backup just in case those papers are misplaced and lost in the mail (if you send the forms by mail).Also make copies on:
  The Statement of Intention for each individual listed on the form, and
  The Statement of Intention for the trustee.
• Except if the court clerk is going to hole-punch your documents when you file them, you may use a normal two-hole punch (most copy centers have them), always punch at the top center of the original bankruptcy documents and never staple your forms together.
• When mailing your papers to the court, include an empty 9” by 12” envelope and write your address on it and affix enough postage to send one set of documents to your address. Although most people choose to file by mail, it is recommended that you personally bring your papers to your bankruptcy court clerks if at all possible.  Visiting the court will allow you to fix minor mistakes and typos on the spot.
• It is recommended that pay the filing fee, which is payable to the U.S. Trustee (usually courts will not accept a check). For installment payments, attach a filled out Form 3A, plus any extra papers required by the court’s local rules. If the attorney has been paid for his help with the bankruptcy process, you are not qualified for installment payments. However, if you don’t think you are able to afford installment payments, you should be able to get a fee waiver. For this purpose, use Form 3B. For both fee waivers and installment payments, you will need to appear before a bankruptcy judge for request justification.
• Mail or take the original and copies of each form to the designated bankruptcy court.

Emergency Bankruptcy Filing Procedures

If you are in a hurry and want to file for bankruptcy to get an automatic stay, you may accomplish that (in almost all places) by filing the Mailing Matrix, Voluntary Petition (Form 1), and Statement of Social Security Number (Form 21). Certain courts also ask you to file an Order Dismissing Chapter 7 Case and a cover sheet, which will be immediately processed if you fail to file the rest of your documents within fifteen days. (As mentioned by the Bankruptcy Rule 1007©.) If your bankruptcy court in your district requires that form, you may get it from your court (in some cases, downloadable on its website), the bankruptcy petition preparer or the nearest bankruptcy attorney.
If you are unable to file the additional documents within fifteen days, your current bankruptcy case will be immediately dismissed. You are allowed to file again, if it is needed. You will have to inform the court to keep your automatic stay in effect once thirty days have passed after the filing.

Do the following steps to perform an emergency bankruptcy filing:

• Check with your court to find out precisely what forms need to be submitted for the emergency filing.
• Complete Form 1 (Voluntary Petition), including Exhibit D.
• On the Mailing Matrix (or on any other forms that are asked by the court), list all the creditors, and also sheriffs, attorneys, collection agencies, and others who are looking to collect debts directly to you.
• Complete the Form 21 and any other forms the court requires.
• Now, you can file the originals and make the required number of document copies, accompanied by a fee (or a payment application of fee in installments), don’t forget to include a self-addressed empty envelope with your bankruptcy court. Make sure all documents are copied for your records.
• The final step is to file all other required forms in fifteen days. If you don’t, the case will likely be dismissed.

This is an Original Article written by the DefeatBankruptcy.org Staff
and may not be reprinted in any form without prior written approval.

This entry was posted on Wednesday, November 4th, 2009 at 5:16 pm and is filed under How to File Personal Bankruptcy. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.