|
|
| |
Pro Se (Filing Without an Attorney) |
|
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): |
***NEW *** General Order 69 - Order Regarding Pro Se Filing Disclosure Form ***NEW***
(12/03/2007) Click Here for Pro Se Filing Disclosure Form
- Voluntary petition 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.
- Exhibit D to Official Form 1 Individual Debtor's Statement of Compliance with Credit Counseling Requirement (new)
- Filing fee, or an application to pay filing fees in installments, or a fee waiver (in forma pauperis). 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 diskette or CD containing the names and addresses of all creditors is preferred, however, you may submit it in paper form.
- Statement of Social Security Number(s) 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 19B - 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 preparer (if applicable)
- Form B201 - Notice to Individual Consumer Debtor
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
Phone: (918)758-0126 or After Hours: (918)759-HELP(4357)
|
| The following schedules and statements must be filed with the voluntary petition, or no later than 15 calendar days after filing the voluntary petition: |
|
|
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
|
| The following statement must be filed with the voluntary petition, or no later than 30 calendar days after filing the voluntary petition: |
|
|
| Due before the discharge is granted: No later than 45 days from the first §341 Meeting of Creditors set. |
|
|
| FILING REQUIREMENTS |
|
|
|