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Filing requirements for a Chapter 13 Case

Most debt collection actions against the debtor or the debtor’s property stop by filing under Chapter 13.  This is called “automatic stay.”  In order to file for bankruptcy, a debtor has to complete following forms.

  • Signed Voluntary Petition
  • Statement of Compliance with Credit Counseling Requirement
  • Budget and Credit Counseling Certificate (A debtor should have completed budget and credit counseling before filing for bankruptcy)
  • Signed Notice to Consumer Debtor
  • Statement of Social Security Number
  • Disclosure of Marital Status
  • Certificate of Disclosure of Community Information

Filing fees may differ for a Chapter 7 case and a Chapter 13 case.

Apart from the above documents, a debtor may also have to file the following.

  • Non-filing spouse information
  • Summary of Schedules and statistical summary of certain liabilities and related data
  • Schedule regarding real property
  • Schedule regarding personal property
  • Schedule regarding property claimed exempt
  • Schedule regarding creditors holding unsecured priority claims
  • Schedule regarding co-debtors
  • Schedule regarding current income of individual debtor
  • Schedule regarding current expenditure of individual debtor
  • Declaration concerning debtor’s schedules, and
  • Statement of financial affairs

Inside Filing requirements for a Chapter 13 Case