What documentation is required to file bankruptcy?

(Individual questions of general and academic nature can always be sent to Attorney Malik Ahmad at his email Malik11397@aol.com

Bankruptcy Rule 1002 requires the petition to be filed with the clerk of the bankruptcy court. Bankruptcy Rule 1007(b) sets for the the remainder of the documents required to be filed with the petition.

The documents required by the bankruptcy rules are:

1.Petition: This is the official Form No 1, which is accompanied by Exhibit A if the debtor is a corporation and Exhibit B if the debtor is an individual with primarily consumer debts. The Bankruptcy rules no longer mandate how many copies of the petition and associated statements and schedules need to be filed, and it is now left to local rules.

2. Master mailing list. The master mailing list containing the names of all parties listed on Schedules D, E, F, G and H must be filed with the petition.

3. A corporate debtor filing must be filed showing ownership statement described in Bankruptcy Rule 7007. Also, a resolution signed by all the principal officers is required.

4. Schedules: Bankruptcy Rule 1006(b) requires several schedules and statements to be filed with the petition (or within 15 days after filing the petition if a master mailing list is filed with the petition under Bankruptcy rule 1007(c). The following schedules are contained in Official Form No. 6.

Schedule A – Real property
Schedule B – Personal property
Schedule C – Property claimed as exempt
Schedule D – Creditors holding secured claims
Schedule E – Creditors holding unsecured priority claims
Schedule F – Creditors holding unsecured nonpriority claims
Schedule G – Executory Contracts and Unexpired Leases
Schedule H – Co debtors
Schedule I – Current Income of individual debtor
Schedule J – Current expenditures of personal debtor

– Unsworn declaration under penalty of perjury declaring that the debtor (or the debtor’s authorized officer, member, or parter) has reviewed the schedules and that the schedules are true and correct.

Statement of Financial Affairs.
The Official Form No. 7 must be filed along with the schedules of assets and liabilities.

– Bankruptcy rule 1006(b)(1)(E) requires the debtor to submit copies of all paystubs within 60 days of the petition date.

Statement of intention:
Bankruptcy Rule 1007(b)(2) SPECIFICALLY requires an individual Chapter 7 debtor to file a statement regarding his or her intention as to secured debts (for example to reaffirm, surrender, and of course “other”). Service of this list must be made on the trustee and all creditors on the statement either before or at the time it is filed.

Credit Counseling compliance:
Bankruptcy Rule 1007(b)(3) requires all individual debtors to file with the petition or within 15 days of the filing of the petition a statement of compliance with the credit counseling requirements of Bankruptcy code Section 109(h) that is accompanied by the certificate of completion from the credit counseling agency.

Statement of current monthly income.
This filing is required under Bankruptcy rule 1007(b)(4)-(6)

Personal financial management course.
A statement regarding the debtor’s compliance of a course in personal financial management using Official Form No. 23. Completion of this course and filing of this statement is a condition to receiving a discharge under Bankruptcy Code Section 727(a)(11) and 1328(g)(1).

-All amendments, statements, and schedules filed must be amended if the debtor later learns that they are inaccurate. the Statement of intention may be amended only before the 45-day time limit under which the debtor must perform under Bankruptcy Code Section 521(2)(B).

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