As part of a Bankruptcy filing, there are several forms that must be accurately and filed the Court. These forms will be asking for various pieces of information, such as personal details, a list of your creditors, a list of your assets, a detail of your income, etc. Below you will find a detailed summary of the most commonly needed documents in your bankruptcy case.
The Voluntary Petition for Individuals Filing for Bankruptcyis the first form to be filed when beginning a bankruptcy case for individual debtors. It asks for basic personal information (name, address, etc.) as well as the background of your case (chapter you are filing under, previous cases, etc.), debts, assets, and liabilities.
Master Address List with Verification – EDC 2-100
TheMaster Address List isa compilation of names and addresses of all involved creditors. Attorneys will prepare an electronic submission. The form is to be filled out following the set requirements and debtor will sign a verification form acknowledging that the information provided is correct and complete.
The Statement of Social Security Numberprovides the court with your Social Security number or federal Individual Taxpayer Identification number. All involved creditors and trustees will have access to your full number but the court will not allow outside parties to have access to this information.
Schedule A/B lists all involved property owned or that the individual has legal or equitable interest in, including both tangible and intangible property. The form is split into types of property and asks for the current value, or fair market value, of each item owned by the individual at the time of filing. If property is shared with another party, report the percentage of the value you own. You must also indicate whether or not the property is considered to be community property. Community property is any property under joint ownership between spouses. Items may only be listed once. Any individual items worth more than $500 are to be listed separately. All values reported must match the values listed on Form 106C and Form 106D.
Schedule C lists all property you claim as exempt and are allowed to keep. Any unlisted property could be sold and used to pay your creditors.All property listed on Form 106C must also be listed on Form 106A/B and the reported values must be the same. When claiming a property to be exempt, you must provide a legal explanation as to why it should qualify.
Schedule Dlists all secured claims and the creditors to be notified for each claim. A secured claim allows a creditor to be paid for any property that they have an interest in (e.g. mortgage). Claims can be listed as contingent, unliquidated, and/or disputed. A claim is contingent if you do not have to pay until after you have already filed for bankruptcy. An unliquidated claim is when debt cannot be or have not yet been determined. A disputed claim is one in whichyou are not in agreement as to whether or not you owe the debt.
Schedule E/F lists your unsecured claims. Creditors do not have rights for the property listed. Similar to secured claims, unsecured claims may be contingent, unliquidated, and/or disputed. In addition, unsecured claims are qualified as either priority or nonpriority claims. Priority claims are ones that are required by law to be paid before other unsecured claims (EX: certain taxes, child support, alimony, etc.). Nonpriority claims (EX: credit cards, loans, medical bills, etc.) are the claims that do not hold priority and won’t be paid until all priority claims have been paid. It is possible for a claim to be both a priority and nonpriority. In this case, it only needs to be listed in Part 2 with the rest of your nonpriority claims, showing both amounts owed. All unsecured creditors must be listed alphabetically, including those who you intend to pay.
Schedule Glists any leases and contracts that you currently have. This includes any executory contracts, contracts where requirements have not been met by the time of filing. If you have already listed a lease or contract on your Schedule A/B, you must list it again.
Schedule Hfocuses on any codebtors that you may have. Codebtors are the people who are also responsible for your debts. This includes cosigners, guarantors, former spouses, unmarried partners, joint contractors, or nonfiling spouses. A spouse should not be listed as a codebtor when filing a joint case. When listing codebtors, you must make reference to the involved creditor listed in Schedule D, E/F, and/or G.
Schedule I asks questions regarding current income and employment.This includes information about current employment status and your occupation.Income must be reported as a monthly payment, including any payroll deductions and other sources of income that are regularly received.
Schedule J lists any monthly expensesthat you pay for yourself, as well as your household. Business expenses are not included on this form. If you have any dependents, you must include them. In addition, provide estimates of all ongoing monthly expenses. When you do not have an amount to report, write $0.00.
The Declaration About an Individual’s Debtor’s Schedules requires a signature declaring that all information provided is correct and that no one other than an attorney was paid to fill out your bankruptcy paperwork. Failing to do so, or lying, may result in fines and/or imprisonment.
The Summary of Assets and Liabilities and Certain Statistical Information reports the totals that have been previously listed in the other bankruptcy forms. You are asked to report the totals for your assets, liabilities,income and expenses. Some additional questions will be asked for administrative and statistical records. These are questions regarding the type of bankruptcy being filed under and your type of debt. Once again, you will report you current monthly income and special claims.
The Statement of Financial Affairs gives information about your financial history before filing for bankruptcy. The form asks for information regarding your residence and marital status.You also must include any forms of payment you have given and/or received through gifts, contributions, transfers. The form also asks about payments made prior to filing for bankruptcy and past legal cases. Any accounts or property storage must be listed on the form as well.All business connections must be listed, including the nature of the business. Reporting false information may result in fines and/or imprisonment.
The Statement of Intention for Individuals is only required for individuals filing under chapter 7 bankruptcy, when applicable. The form is for those whose creditors’ claims are secured by your property or leased property that has not yet expired. If you have any property that is collateral for a claim, this form requires you to explain what your intentions are for that property. You may either surrender the property to the creditor or retain it. If you choose to retainthe property, you may either redeem it, enter into a Reaffirmation Agreement,or provide your own explanation. A reaffirmation agreement allows you to keep the property and continue to pay off the debt. The form must be filed within 30 days of filing for bankruptcy or by the creditors’ meeting, whichever is earlier.
Form 122A-1 must be filed when an individual is filing under chapter 7 bankruptcy. The debtor must calculate current monthly income by listing all forms of income and compensation being received. From here it can be determined as to whether or not you are above the median family income. If the resulting amount is above the median, you must also fill out Form 122A-2.
Form 122C-1 must be filed when an individual is filing under chapter 13 bankruptcy. This form is used to determine how much creditors are owed and set deadlines for those payments. To do so, report your average monthly income. This includes all payments that you regularly receive. Next, deductions are made based on whether or not you are married and/or your spouse is filing with you.If the resulting amount is above the median, you must also fill out Form 122C-2.
If your annual income reported on Form 122A-1 is greater than the calculated median family income, you must also file Form 122A-2, also known as the Means Test Calculation. By doing so, your income may be reduced in order to make it possible to pay off your debts. If the resulting amount is large enough, it will lead to a presumption of abuse. This will prevent you from receiving relief under chapter 7 because you are generating enough income to be able to pay off your debts. However, you still may be able to file under another chapter.
If your current monthly income reported on Form 122C-1 is greater than the calculated median family income, you must also file Form 122C-2, also known as the calculation of your disposable income or the Means Test. By doing so, your income may be reduced in order to make it possible to pay off your debts.
Form 2030 is filed by your attorney, providing details regarding the payments he/she has received. Your attorney will include details regarding compensations, as well as which services were/were not provided.
A chapter 13 bankruptcy case requires a debtor’s plan to be filedas well. A plan is created regarding payment amounts and deadlines, as well as to who is receiving those payments. As a debtor, you are required to follow the created plan and ensure that the correct payments are made on time. If any changes occur in your income, these must be reported to your attorney so that the appropriate changes can be made to the created plan.
As shown above, there are several different forms that must be filed in your bankruptcy case. Each form must be filled out with complete accuracy and failing to do can lead to fines and/or imprisonment. Here at Sacramento Bankruptcy Lawyer, we would love the opportunity to discuss your case with you and ensure that each document is accurately and honestly completed.
We help clients in the following areas: Sacramento, Elk Grove, South Sacramento, West Sacramento, Natomas, Citrus Heights, Antelope, Fair Oaks, Gold River, Rancho Cordova, Roseville, Rocklin, Lincoln, Wheatland, Yuba City, Marysville, Woodland, Davis, and Lodi.