Filing Without an Attorney
Pro Se (Filing Without an Attorney)
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Bankruptcy can be complicated. The staff of the U.S. Bankruptcy Court Clerk's office provides a variety of services; however they are not permitted to assist with the preparation of the voluntary petition, schedules, or other documents, nor can they provide legal advice. All parties must comply with the Local Bankruptcy Rules, Administrative Procedures and General Orders for the Eastern District of Oklahoma, the U.S. Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. Failure to do so will result in dismissal of the case, or other sanctions. The public library may have law books that may be of assistance.
If you wish to retain an attorney, call the Oklahoma Bar Association: 1-800-522-8065 or visit the Oklahoma Bar Association Web Site
Whether you file a chapter 7, 11, 12, or 13 case, you start with the same basic set of forms (as outlined below). This page does not discuss filing under chapter 11 or 12 because it is uncommon for debtors to file petitions under these chapters pro se(without an attorney). Additionally, because corporations and partnerships are required to have an attorney represent them, these entities may not file petitions pro se.
Most of the forms on this page are in fillable PDF format. Adobe Acrobat Reader is required to view and print PDF files and PDF fill-in forms. Adobe Acrobat is required to save PDF fill-in forms. Download Adobe Acrobat or Adobe Acrobat Reader.
In both chapter 7 and chapter 13, the following are required to start the bankruptcy (minimum filing requirements):
- Form B1 Voluntary petition - Instructions - | Committee Notes Must be signed by the debtor(s)(one who files bankrutpcy). Pro se debtor(s) must include a day time phone number with area code.
- Form B1D Exhibit D to Official Form 1 Instructions - | Committee Notes Individual Debtor's Statement of Compliance with Credit Counseling Requirement (new)
Filing fee, or an Form B3A Application to pay filing fees in installments - Committee Notes , or a Form B3B Application for waiver of Chapter 7 Filing fee (in forma pauperis) - Committee Notes . Make all fees payable to: U.S. Bankruptcy Court.
A fee waiver may ONLY be used for a chapter 7 filing. Qualifiying for a fee waiver. Poverty Guidelines.
- Creditor Matrix A CD containing the names and addresses of all creditors is preferred, however, you may must also submit it in paper form with proper verification Local Form 1008-1. Local Form 1008-1 WPD or Local Form 1008-1 PDF
- Form B21 Statement of Social Security Number(s)Committee Notes signed by debtor(s). Non-debtor spouse information must be added to this document. Policy on Privacy
- Certificate of credit counseling and debt repayment plan if any
- Form B19 - Notice to debtor by bankruptcy petition preparer (if applicable) - Committee Note
- Form B280 - Statement disclosing compensation paid or to be paid to a bankruptcy petition preparerInstructions (if applicable)
Form B201A - Notice to Individual Consumer Debtor(S) Under §342(b)Of The Bankruptcy Code - Instructions
Form B201B - Certification of Notice to Individual Consumer Debtor(S) -Instructions
Where do I file my case?
The Bankruptcy Court for the Eastern District of Oklahoma is located in Okmulgee, OK
LOCATION MAILING ADDRESS:
111 W. 4th Street, Room 229 United States Bankruptcy Court
(4th & Grand Streets) Eastern District of Oklahoma
Okmulgee, Oklahoma P.O. Box 1347
Okmulgee, OK 74447
The following schedules and statements must be filed with the voluntary petition, or no later than 14 calendar days after filing the voluntary petition:
- Instructions for Schedules
- Form B6 Summary of Schedules
- Form B6A Schedule A - Real Property Committee Note (6A-J)
- Form B6B Schedule B - Personal Property
- Form B6C Schedule C - Property Claimed Exempt
- Form B6D Schedule D - Creditors Holding Secured Claims
- Form B6E Schedule E - Creditors Holding Unsecured Priority Claims
- Form B6F Schedule F - Creditors Holding Unsecured Nonpriority Claims
- Form B6G Schedule G - Executory Contracts & Unexpired Leases
- Form B6H Schedule H - Co-debtors
- Form B6I Schedule I - Current Income of Individual Debtor(s),
- Form B6J Schedule J - Current Expenditures of Individual Debtor(s)
- Form B6 Declaration of Debtor's Schedules
- Form B7 Statement of Financial Affairs - Instructions | - Committee Notes
- Statement of current monthly income - means test forms
- Local Form 1007-1(H) Payment Advices Certification with attachments of copies of all payment advices (eg. pay stubs) or other evidence of payment received by the debtor from an employer within 60 days before filing the petition. Redaction Rules apply.
- In a chapter 13 case, the Chapter 13 Plan.
- Due within 14 days after the filing of the schedules: The Debtors must Provide to the trustee an Affidavit and Disclosure of Domestic Support Obligations on Local Form 4002-1(B) - PDF or WPD DO NOT FILE WITH THE COURT
The following statement must be filed with the voluntary petition, or no later than 30 calendar days after filing the voluntary petition:
Documents due before the discharge is granted in a Chapter 7 or 13:
- Certificate of Financial Management Course or Form 23 Certification of Financial Management (must be filed no later than 60 days from the first §341 Meeting of Creditors set in a Chapter 7 and within 45 days after completion of plan payments.)
- Certificate of financial management course
- Form B23 Debtor(s) Certification of Completion of Instructional Course Concerning Personal Financial Management - Committee Notes
Documents due within 14 days before the date set for confirmation in a Chapter 13
More information on the requirements of the Office of the U.S. Trustee
341 notice and deadlines - Notice of bankruptcy case filing, meeting of creditors, & deadlines will be sent to the debtor and all creditors listed on the matrix within 7 to 10 business days. Pro se debtors should also be familiar with Bankruptcy Code § 521, Rule 4002 of the Federal Rules of Bankruptcy Procedure.
- Due 7 days before the date set for the Section 341 meeting of creditors: Provide the trustee with a copy of the Federal income tax return (or transcript of return) for the most recent tax year ending before filing. Tax return privacy information