Chapter 12 Filing Requirements

Chapter 12 Filing Requirements

All petitions and schedules must be accompanied by the filing fee, or individual debtors may file an application to pay the filing fee in installments (in compliance with General Order 12-09 which requires a minimum payment of $75 at the time of filing), or apply for a fee waiver. Petitions will not be accepted without one or the other Filing fees must be paid either by cash, cashier's check, money order, or an attorney's firm check, made payable to "Clerk, U.S. Bankruptcy Court." Do not tender cash for petitions submitted by mail. CHECKS FROM DEBTORS WILL NOT BE ACCEPTED.

 

The petition page must include the debtor'(s) last, first and middle name and all other names used by the debtor including married, maiden and trade names.; the redacted social security number(s) and/or federal tax identification number; street address; mailing address; county in which the debtor resides; type of debtor; nature of business; Chapter; nature of debts; include all prior and pending Bankruptcy cases; sign and date by the debtor and joint debtor or signature of authorized individual, if corporation or partnership; printed name, social security number, address and signature of bankruptcy petition preparer, if applicable Exhibit A, B, C, D, should be completed if applicable, check venue,  Certification by debtor who resides as a tenant of residential property if applicable,  Attorney signature and date, bar number, address phone number.  PRO SE DEBTORS: Include day-time phone number under signature.  

 

Petitions and schedules can be found at The United States Courts Bankruptcy Forms Page

 

Chapter 12 Filing Requirements
Required Documents Due WITH the petition (minimum filing requirements):
  • $246 Filing Fee
  • Form 1 - Voluntary Petition
  • Exhibit B, if individual with primarily consumer debt represented by an attorney
  • Exhibit C, must be completed by all Debtors
  • Exhibit D, for Debtor
  • Exhibit D, for Joint Debtor
  • Pro Se Filing Disclosure, if pro se Local Form 1007-1(G)
  • Form B201- Notice of Individual Consumer Debtor(s)
  • Mailing Matrix - List of all creditors
  • Verification to Mailing Matrix Local Form 1008-1
  • Form 21 - Statement of Social Security Number, if pro se
  • Certificate of credit counseling and debt repayment plan (if any)
  • Form 19B - Notice to debtor by bankruptcy petition preparer (if applicable)
  • Form B280 - Statement disclosing compensation paid or to be paid to a bankruptcy petition preparer (if applicable)
  • Form B203 Statement of Attorney Disclosure of Compensation
Documents due with the petition or within 14 days:
  • Schedules A-J - any that do not apply, state "none" or check box indicating "none"
  • Summary of Schedules 
  • Declaration Verification Concerning Debtor's Schedules
  • Form 7 - Statement of Financial Affairs
  • Declaration Verification Concerning Debtor's Schedules
  • Payment Advice's Certification Local Form 1007-1(H)
  • Copies of all payment advices (pay stubs) or other evidence of payment received by the debtor form an employer within 60 days before filing the petition
Documents due 7 days before the date first set for the Section 341 meeting of creditors:
  • Provide to the trustee a copy of the Federal income tax return (or transcript of return) for the most recent tax year ending before filing 
Documents due within 14 days after the filing of the schedules:
  • Provide to the trustee an Affidavit and Disclosure of Domestic Support Obligations on Local Form 4002-1(B)  DO NOT FILE WITH THE COURT
Documents due before the discharge can be granted:
  • Certificate of Financial Management Course and Form 23 Certification of Financial Management  
Documents due within 90 days:
  • Chapter 12 Plan in compliance with Local Form 3015-4
  • Inventory of Property