Filing Without An Attorney

Filing A Chapter 7 or Chapter 13 Without an Attorney (pro se)

 CLICK HERE FOR Instructions for Individual Debtors (pdf)

 CLICK HERE FOR Bankruptcy Basics - This Information helps explain and demonstrate the bankruptcy process.

 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 without an attorney (pro se). 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.

Where do I file my case? The Bankruptcy Court for the Eastern District of Oklahoma is located in Okmulgee, Oklahoma

 LOCATION

 111 W. 4th Street, Room 229

 (4th & Grand Streets)

Okmulgee, Oklahoma 74447

 

 Phone: (918)549-7200

MAILING ADDRESS:

United States Bankruptcy Court

Eastern District of Oklahoma

P.O. Box 1347

Okmulgee, OK 74447

 

                                             

            

                           

             

                                                                

 

 Required Documents Due with the petition (minimum filing requirements) (Chapter 7 or  Chapter 13)

  • Filing Fee See Fee Schedules Make all fees payable to: U.S. Bankruptcy Court (Money Order or Cashier’s Check) DO NOT SEND CASH THROUGH THE MAIL.
  • Form 103A Application by an Individual to pay in installments, a minimum $75.00 payment must accompany the Application to be considered or Form 103B Application to Have the Chapter 7 Filing Fee Waived (Chapter 7 cases only) Qualifying for a fee waiver see: Poverty Guidelines.
  • Form 101 Voluntary Petition for Individuals Filing for Bankruptcy, Must be signed by each debtor (one who files bankruptcy). Pro se debtor(s) must include a day time phone number with area code.
  • Form 1007-1(G) Pro Se Filing Disclosure Local
  • Form 2010  Notice Required by 11 U.S.C. Sec 342(b) for Individual Filing for Bankruptcy
  • Mailing Matrix List of all creditors Local Rule 1007-I-1(E) A CD containing the names and addresses of all creditors is preferred, however, you must also submit it in paper form.
  • Local Form 1008-1 Verification to Mailing Matrix
  • Form 121  Statement About Your Social Security Numbers Policy on Privacy
  • Certificate of credit counseling for each debtor, (link to credit counseling) Request for 30 day Extension to File Credit Counseling or Motion For Exemption of Credit Counseling (individual) Local Rule 1007-I-1(C)
  • Form 119 Bankruptcy Petition Preparer’s Notice, Declaration and Signature (pro se with petition preparer)
  • Form 2800  Disclosure of Compensation of Bankruptcy Petition Preparer (pro se  with petition preparer)

 Documents due with the petition or within 14 days (Chapter 7 or Chapter 13)

 Documents due within 14 days after the filing of the schedules (Chapter 7 and Chapter 13)

  • Local Form 4002-1(B)  Affidavit and Disclosure of Domestic Support Obligations  THE AFFIDAVIT SHOULD BE MAILED TO THE TRUSTEE AND NOT FILED WITH THE COURT

 Documents due 7 days before the date first set for the Section 341 meeting of creditors: (Chapter 7 and Chapter 13)

Documents due before the discharge can be granted (Chapter 7 and Chapter 13)

  • Form 423 Chapter 7 Certification of Financial Management or Certificate of Financial Management Course (Chapter 7 individual) must be filed on or before 60 days from the date first set for the Section 341 meeting of creditors),  (link to Financial Management Courses)
  • Form 423 Chapter 13 Certification of Financial Management or Certificate of Financial Management Course (Chapter 13 individual) (must be filed within 45 days after completion of plan payments and before the last payment is made under the plan before the discharge can be granted), (link to Financial Management Courses)
  • Local Form 4004-1(A)(13) Chapter 13 Certification of Compliance and Motion for Entry of Discharge (Chapter 13 individual) (must be filed when the last payment is made under the plan before the discharge can be granted), (link to Financial Management Courses)

Documents due with the petition or within 30 days thereafter or by the first date set for the Section 341 meeting of creditors, whichever is earlier: (Chapter 7)

  • Form 108 Statement of Intention for Individual Filing Under Chapter 7 (individual and assets and liability contain debtors secured by property of the estate or personal property subject to an unexpired lease) (Chapter 7 only)

 Documents due within 14 days before the date set for confirmation  (Chapter 13)

  • Local Form 3015-2(A) Pre-Confirmation Certification of Domestic Support Obligations and Tax Returns (Chapter 13 individual only)

Meeting of Creditors and Notice of Deadlines

  • Notice of bankruptcy case filing, meeting of creditors, & deadlines will be sent to the debtor and all creditors listed on the matrix within 5 to 10 business days. Pro se debtors should also be familiar with Bankruptcy Code §521 and Bankruptcy Rule 4002.

Requirements of the Office of the U.S. Trustee