Bankruptcy FAQs

Client Handout Answering Common Bankruptcy Questions*

A decision to file for bankruptcy should be made only after determining that bankruptcy is the best way to deal with your financial problems. This brochure cannot explain every aspect of the bankruptcy process. If you still have questions after reading it, you should speak with an attorney familiar with bankruptcy or a paralegal working for an attorney.

What Is Bankruptcy?
Bankruptcy is a legal proceeding in which a person who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filling a bankruptcy petition stops creditors from seeking to collect money from you, at least until your debts are addressed according to the law.

What Can Bankruptcy Do for Me?
Bankruptcy may make it possible for you to:

  • Eliminate the legal obligation to pay most or all of your debts. This is called a "discharge" of debts. It is designed to give you a fresh financial start.
  • Stop foreclosure on your home and allow you an opportunity to catch up on missed payments. Bankruptcy does not, however, eliminate mortgages and other liens on your property.
  • Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
  • Stop wage garnishment, debt collection, harassment, and similar creditor actions to collect a debt.
  • Restore or prevent termination of utility service.
  • Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.

What Bankruptcy Cannot Do

Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to:

  • Eliminate certain rights of "secured" creditors. A "secured" creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money. Nevertheless, you generally cannot keep the collateral unless you continue to pay the debt.
  • Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, certain other debts related to divorce, most student loans, court restitution orders, criminal fines, and some taxes.
  • Protect cosigners on your debt. When a relative or friend has co-signed a loan, and the consumer discharges the loan through bankruptcy, the co-signer may still have to repay, all or part of, the loan.
  • Discharge debts that arise after bankruptcy has been filed.

What Different Types of Bankruptcy Cases Should I Consider?
There are four (4) types of bankruptcy cases provided under the law:

  • Chapter 7 is known as "straight" bankruptcy or "liquidation". It requires a debtor to give up property which exceeds certain limits called "exemptions," so the property can be sold to pay creditors.
  • Chapter 11 known s "reorganization", is used by businesses and a few individual debtors whose debts are very large.
  • Chapter 12 is reserved for family farmers.
  • Chapter 13 is called "debt adjustment". It requires a debtor to file a plan to pay debts (or parts of debts) from current income.

Most people filing bankruptcy will want to file under either chapter 7 or chapter 13. Either type of case may be filed individually or by a marred couple filling jointly.

Chapter 7 (Straight Bankruptcy)

In a bankruptcy case under chapter 7, you file a petition asking the court to discharge your debts. The basic idea in a chapter 7 bankruptcy is to wipe out (discharge) your debts in exchange for your giving up property, except for "exempt" property which the law allows you to keep. In most cases, all of your property will be exempt. But property which is not exempt is sold, with the money distributed to creditors.
If you want to keep property like a home or a car and a re behind on the payments on a mortgage or car loan, a chapter 7 case probably will not be the right choice for you, unless you can quickly pay the arrearage. A chapter 7 bankruptcy does not eliminate the right of mortgage holders or car loan creditors to take your property to cover the debt.

Chapter 13 (Reorganization)

In a chapter 13 case you file a "plan" showing how you will pay off some of your past due and current debts over three to five years. The most important thing about a chapter 13 case is that it will allow you to keep valuable property-especially your home and car-which might otherwise be lost, if you can make the payments your creditors. In most cases, these payments will be at least as much as your regular monthly payments on your mortgage or car loan, with the extra funds needed to catch you up on the amount you are behind.
You should consider filing a chapter 13 plan if you:

  1. Own your home and are in danger if losing it ;
  2. Are behind on debt payments, but can catch up if given some time;
  3. Have valuable property which is not exempt, but you can afford to pay creditors from your income over time

You will need to have enough income in chapter 13 bankruptcy to pay for your necessities and to keep up with the required payments as they come due.

What Does It Cost to File for Bankruptcy?

The filing fee is $274 to file for bankruptcy relief under chapter 7 and $189 to file for bankruptcy relief under chapter 13, whether the bankruptcy is for one person or for a married couple. The court may allow you to pay this filling fee in installments if you cannot pay it all at once. If you hire an attorney you will also have to pay the attorney's fees.

What Property Can I Keep?

60-2304. Personal property; articles exempt. Every person residing in the State of Kansas shall have exempt from seizure and sale upon any attachment, execution or other process issued from any court in this state, the following articles of personal property:

  1. The furnishings, equipment and supplies, including food, fuel, clothing, for the person which is in the person's present possession and is reasonably necessary at the principal residence of the person for a period of one year.

  2. Ornaments of the debtor's person, including jewelry, having a value of not to exceed $1,000.

  3. Such person's interest, not to exceed $20,000 in value, in one means of conveyance regularly used for the transportation to and from the person's regular place of work, except that the value limitation specified in this subsection shall not apply when the means of conveyance is a vehicle designed or equipped, or both, for handicapped persons, as defined in K.S.A. 8-1, 124 and amendments thereto.

  4. A burial plot or crypt or any cemetery lot exempt from process pursuant to K.S.A. 17-1302 and amendments thereto.

  5. The books, documents, furniture, instruments, tools, implements and equipment, the breeding stock, seed, grain or growing plants stock, or the other tangible means of production regularly and reasonably necessary in carrying on the person's profession, trade, business or occupation in an aggregate value not to exceed $7,500.

  6. Any personal property exempt from process pursuant to K.S.A. 36-202, 48-245 or 84-2-326, and amendments thereto

    While your exemptions allow you to keep property even in chapter 7 case, your exemptions do not effect the right of a mortgage holder or car loan creditor to take the property to cover the debt if you fail to keep your payment obligation current. In a chapter 13 case, you can keep all of your property if your plan meets the requirements of the bankruptcy law. Again, in most cases you will have to pay the mortgages or liens as you would if you did not file bankruptcy in order to keep the property.

What Will Happen to My Home and Car If I File Bankruptcy?

In most cases in Kansas, you will not lose your home or car that you use to go to work as long as your payments are current and are kept current, then your equity in the property is fully exempt. While the Kansas Homestead exemption is almost unlimited outside of bankruptcy, the exemption is limited when a bankruptcy petition is filed, specifically the exemption is reduced by the amount that the value of the exemption is attributable to any property disposed of by the debtor during the preceding 10 years with the intent to hinder, delay or defraud a creditor, to the extent the property disposed of was not exempt at the time of disposition.
Also, the homestead exemption may not exempt more than $125,000 acquired within 1215 days of filing of the bankruptcy petition. However, the $125,000 exemption cap does not apply to the residence of a family farmer or any amount rolled over from another residence acquired by the debtor prior to the 1215 day period as long as the prior and current residences are in the same state. There are further limitations keeping the exemption at $125,000 such as: in certain felony cases, security and exchange violations, other criminal acts, intentional torts, willful or reckless conduct causing serious physical injury or death or RICO penalty.
Missouri exemption rules are not as favorable to debtors and should be discussed in detail and in person.
Some of your creditors may have a "security interest" in your home, automobile or other personal property. This means that you gave that creditor a mortgage on the home or put your other property up as collateral for the debt. Bankruptcy does not make these security interests go away. If you do not make your payments on that debt, the creditor may be able to take a sell the home or property, during or after the bankruptcy.
There are several ways that you can keep collateral or mortgaged property after you file bankruptcy. You can agree to keep making your payments on the debt until it is paid in full. Or you can pay the creditor the amount that the property you want to keep is worth. In some cases, involving fraud or other improper conduct by the creditor, you may be able to challenge the debt. If you put up your household goods as collateral for a loan (other than loan to purchase the goods), you can usually keep your property without making any more payments on that debt.

Can I Own Anything After Bankruptcy

YES! Many people believe they cannot own anything for a period of time after filing for bankruptcy. But that is not true. You can keep your exempt property and anything you obtain after the bankruptcy is filed. However, if you receive an inheritance, a property settlement, or life insurance benefits within 180 days after filing for bankruptcy, that money or property, may have to be paid to your creditors.

Will Bankruptcy Wipe Out All My Debts?

Yes, with some exceptions. Bankruptcy will not normally wipe out:

  1. Money owed for child support or alimony (divorce court orders - special rules in chapter 13 cases), fines and some taxes;
  2. Debts not listed on your bankruptcy petition;
  3. Loans you got by knowingly giving false information to a creditor, who reasonably relied on it in making you the loan;
  4. Debts resulting from "willful and malicious" harm;
  5. Student loans owed to a school or government body, except if the court decides that payment would be an undue hardship;
  6. Mortgages and other liens which are not paid in the bankruptcy case (but bankruptcy will wipe out your obligation to pay any additional money). Still, you must pay the debt to keep the property which is collateral on any secured debt.

Will I Have to Go to Court?

In most bankruptcy cases, you only have to go to a proceeding called the "meeting of creditors" to meet with the bankruptcy trustee and any creditor who chooses to attend. Most of the time, this meeting will be a short and simple procedure where you are asked a few questions about your bankruptcy forms and your financial situation.
Occasionally, if complications arise, or if you choose to dispute a debt, you may have to appear before a judge at a hearing. If you need to go to court, you will receive notice of the court date and time from the court and/ or from your attorney.

Will Bankruptcy Affect My Credit?
There is no clear answer to this question. Unfortunately, if you are behind on your bills, your client may already be bad. Bankruptcy will probably not make things any worse.
The fact that you've filed a bankruptcy can appear on your credit record for ten years. But since bankruptcy wipes out your old debts, you are likely to be in a better position to pay your current bills, and you may be able to get new credit.


BANKRUPTCY INFORMATION SHEET FROM THE U.S. TRUSTEE

BANKRUPTCY LAW IS A FEDERAL LAW. THIS SHEET GIVES YOU SOME GENERAL INFORMATION ABOUT WHAT HAPPENS IN A BANKRUPTCY CASE. THE INFORMATION HERE IS NOT COMPLETE. YOU MAY NEED LEGAL ADVICE.

WHEN YOU FILE BANKRUPTCY:

You can choose the kind of bankruptcy that best meets your needs:

  • Chapter 7- A trustee is appointed to take over property. Any property of value will be sold or turned into money to pay your creditors. You may be able to keep some personal items and possibly real estate depending on the law of the state where you live.
  • Chapter 13 - You can usually keep your property, but you must earn wages or have some other sources of regular income and you must pay part of your income to your creditors. The court must approve your repayment plan and your budget. A trustee is appointed and will collect the payments from you, pay your creditors, and make sure you live up to your repayment plan.
  • Chapter 12- Like chapter 13, but it is only for family farmers.
  • Chapter 11- This is used mostly by businesses. In chapter 11, you may continue to operate your business, but your creditors and the court must approve a plan to repay your debts. There is no trustee unless the judge decides that one is necessary, if a trustee is appointed, the trustee takes control of your business and property.

If you have already filed under chapter 7, you may be able to change your case to another chapter.
Your bankruptcy may be reported on your credit record for as along as ten (10) years. It can affect your ability to receive credit in the future.

WHAT IS A BANKRUPTCY DISCHARGE AND HOW DOES IT OPERATE?

One of the reasons people file bankruptcy is to get a "discharge." A discharge is a Court order which states that you do not have to pay most of your debts. Some debts cannot be discharged. For example, you cannot discharge debts for:

  • Most taxes;
  • Child support;
  • Alimony;
  • Most student loans;
  • Court fines and criminal restitution; and
  • Personal injury caused by driving drunk or under the influence of drugs.

The discharge only applies to debts that arose before the date you filed.
Also, if the Judge finds that you received money or property by fraud, that debt may not be discharged.
It is important to list all your property and debts in your bankruptcy schedules. If you do not list a debt, for example, it is possible the debt will not be discharged.
The judge can also deny your discharge if you do something dishonest in connection with your bankruptcy case, such as destroy or hide property, falsify records, or lie or if you disobey a court order.
You can also receive a chapter 7 discharge once every eight years. No one can make you pay a debt that has been discharged, but you can voluntarily pay any debt you wish to pay. You do not have to sign a reaffirmation agreement or any other kind of document to do this.
Some creditors hold a secured claim (for example, the bank that holds the mortgage on your house or the loan company that has a lien on your car). You do not have to pay a secured claim if the debt is discharged, but the creditor can still take the property.

WHAT IS A REAFFIRMATION AGREEMENT?

Even if a debt can be discharged, you may have special reasons why you want to promise to pay it. For example, you may want to work out a plan with the bank to keep your car. To promise to pay that debt you must sign and file a reaffirmation agreement with the court. Reaffirmation agreements are under special rules and voluntary. They are not required by bankruptcy law or by any other law. Reaffirmation agreements:

  • Must be voluntary;
  • Must not place too heavy a burden on your or your family;
  • Must be in your best interest; and
  • Can be cancelled anytime before the court issues your discharge or within sixty 60 days after the agreement is filed with the court, whichever gives you the most time.

If you are an individual and you are not represented by an attorney, the Court must hold a hearing to decide whether to approve the reaffirmation agreement. The agreement will not be legally binding until the Court approves it.
If you reaffirm a debt and then fail to pay it, you owe the debt the same as though there was no bankruptcy. The debt will not discharged and the creditor can take action to recover any property on which it has a lien or mortgage. The creditor can take legal action to recover a judgment against you.

IF YOU WANT MORE INFORMATION OR HAVE QUESTIONS ABOUT HOW THE BANKRUPTCY LAWS AFFECT YOU, YOU MAY NEED LEGAL ADVICE. THE TRUSTEE IN YOUR CASE IS NOT RESPONSIBLE FOR GIVING YOU LEGAL ADVICE.

Client's Signature _______________________________ Date _________________________

Client's Signature _______________________________ Date _________________________


MEMORANDUM FROM THE U.S. DEPARTMENT OF JUSTICE

REQUIRED PROOF OF IDENTITY AND CORRECT SOCIAL SECURITY NUMBER

Nationwide there has been an increased incidence in the use of false names or social security numbers on bankruptcy petitions. In some cases, this is done intentionally to invoke the protection of the automatic stay without placing a bankruptcy filling on one's own credit report. In other instances, the error may result from simple carelessness during the preparation of the petition. However, in either event, the court record contains erroneous information and the credit reports of innocent third parties are adversely impacted.


In cases where actual fraud was suspected, appropriate referrals were made to the Federal Bureau of Investigation and the United States Attorney. However, criminal prosecution alone will not completely address the problem. As a result, the Office of the United States Trustee will implement the following procedure: EFFECTIVE FOR ALL CASES FILED ON OR AFTER FEBRUARY 15, 2002, ALL INDIVIDUAL DEBTORS IN ANY CHAPTER APPEARING FOR EXAMINATION MUST PROVIDE THE PRESIDER WITH TWO FORMS IF IDENTIFICATION TO VERIFY THEIR IDENTITY AND CORRECT SOCIAL SECURITY NUMBER.

  1. Picture identification: a valid state driver's license, government-issued picture ID card, U.S. passport, government employee photo ID, military photo ID or legal resident alien card. (Any other form of ID must be approved by the U.S. Trustee)
  2. Proof of SSN: social security card or social security statement; a form W-2 for the most recent tax year; recent payroll tax stub, health card or other official documentation which indicates name and SSN.

Acceptable proof of the debtor's identity and social security number as outlined above must be presented to the trustee at the § 341 meeting. If the debtor does not have the required proof, or if the trustee determines from the proof presented that the name or social security number on the petition is incorrect, the § 341 meeting will be adjourned and continued. In addition, in those cases in which the petition is incorrect, you will be asked to take the following actions:

  1. File an amended petition with the Clerk of Court containing the correct name and/or social security number. If the amended petition is received prior to the date set for the continuation of the § 341 meeting, and the presider is satisfied that all necessary corrections have been made, the continued meeting may be canceled. If an amended petition has not been received prior to the date set for the continued meeting, the case will be referred to the United State Trustees for appropriate action such as motion for dismissal or denial of discharge, and/ or criminal referral to the United States Attorney.
  2. Send a copy of the amended petition to the three largest credit report agencies on attached form. In addition, please send a copy of the notification form to the trustee and the United States Trustee. Taking this step will help ensure that any innocent party's credit record is corrected. We will follow up with the credit reporting agencies basis to see if they have been notified, and have instituted, all required changes.

The costs incurred by innocent individuals seeking to correct erroneous information entered on their credit reports can be substantial. We believe that with your assistance we can substantially reduce the number of bankruptcy petitions containing incorrect names and social security numbers.

Acknowledged by:

Client's Signature______________________________ Date__________________________

Client's Signature______________________________ Date__________________________


MEMORANDUM FROM THE U.S. DEPARTMENT OF JUSTICE

OBTAINING A REPLACEMENT OR NEW SOCIAL SECURITY CARD

The process for obtaining a new or a replacement social security card or obtaining confirmation of holder's social security number for the Social Security Administration is outlined below:

  1. For a new card or a replacement of a lost card or a new card because of a name change. Instructions and the necessary application form can be obtained through SSA's national toll free number 1-800-772-1213 or from SSA's web site: www.ssa.gov http://www.ssa.gov

OR

Mondays through Fridays at your local Social Security office:

TOPEKA

Social Security Administration 1201 SW Van Buren St., Topeka, Kansas 785-295-0100

WICHITA

Social Security Administration 8533 W 32nd St. N., Whichta, Kansas 316-636-5884

KANSAS CITY

Social Security Administration 500 State Ave., Kansas City, Kansas 913-551-6505

2. An applicant for a replacement or new social security card must use form SS-5, available at the SSA office or the web, along with instructions for filling it out. This form is the universal form used for both obtaining a new social security card and number or a replacement for one if the card holder has lost his or her card, or if the card holder's name has changed. The applicant should receive the new replacement card within 10 to 14 days.

For a replacement card Social Security required the applicant to furnish on "identifying document", including a driver's license, marriage or divorce record, military records, insurance policy, employer ID care, adoption record, passport, health insurance card or school ID card.

For a name change on a card Social Security wants documentation showing the applicant's old name and the new name.

Only original documents or certified copies of original documents are acceptable proof.

Quick verification of a person's social security number (known as :Third Party Notification"). The only other method available through Social Security for obtaining confirmation of a person's social security number is called "Third Party Notification". By this method the verification can be obtained in 4 to 5 days.

First, the applicant's attorney prepares a letter for the debtor requesting that the local office of Social Security verify the card holder's social security number and notify the U.S. Trustee, of the cardholder's correct number. The letter needs to contain the U.S. Trustee address, 301 North Main, Suite 500, Wichita, Kansas 67202 and a brief explanation of the reason for the request.

Second, the card holder takes the letter in person to the local office of Social Security administration and fills out a form which the local office maintains on computer (SSA Form 7028). The applicant must produce identification to SSA.

Acknowledged by:

Client's Signature_______________________________ Date ________________________

Client's Signature_______________________________ Date_________________________


STATEMENT OF INFORMATION REQUIRED BY 11 U.S.C. §341

INTRODUCTION

Pursuant to the Bankruptcy Reform Act of 1994, the Office of the United States Trustee, United States Department of Justice, has prepared this information sheet to help you understand some of the possible consequences of filing a bankruptcy petition under chapter 7 of the Bankruptcy Code. This information is intended to make you aware of.....

(1) The potential consequences of seeking a discharge in bankruptcy, including the effects on Credit history;

(2) The effect of receiving a discharge of debts

(3) The effect of reaffirming a debt; and

(4) Your ability to file a petition under a different chapter of the Bankruptcy Code.

There are many other provisions of the Bankruptcy Code that may affect your situation. This information sheet contains only general principles of law and is not a substitute for legal advice. If you have questions or need further information as to how the bankruptcy laws apply to your specific case, you should consult with your lawyer.

WHAT IS A DISCHARGE?

The filing of a chapter 7 petition is designed to result in a discharge of most of the debts you listed on your bankruptcy schedules. A discharge is a court order that says you do not have to repay your debts, but there are a number of exceptions. Debts which may not be discharged in your chapter 7 case include, for example, most taxes, child support, alimony, and student loans; court-ordered fines and restitution; debts obtained through fraud or deception; and personal injury debts caused by driving while intoxicated or taking drugs. Your discharge may be denied entirely if you, for example, destroy or conceal property; destroy, conceal or falsify records; or make a false oath. Creditors cannot ask you to pay any debts which have been discharged. You can only receive a chapter 7 discharge once every eight (8) years.

WHAT ARE THE POTENTIAL EFFECTS OF A DISCHARGE?

The fact that you filed bankruptcy can appear on your credit report for as long as 10 years. Thus, filing a bankruptcy petition may affect your ability to obtain credit in the future. Also, you may not be excused from repaying any debts that were not listed on your bankruptcy schedules or that you incurred after you filed for bankruptcy.

WHAT ARE THE EFFECTS OF REAFFIRMING A DEBT?

After you file your petition, a creditor may ask you to reaffirm a certain debt or you may seek to do so on your own. Reaffirming a debt means that you sign, and file with the court, a legally enforceable document, which states that you promise to repay all or a portion of the debt that may otherwise have been discharged in your bankruptcy case. Reaffirmation agreements must generally be filed with the court within 60 days after the first meeting of the creditors.

Reaffirmation agreements are strictly voluntary - they are not required by the Bankruptcy Code or other state of federal law. You can voluntarily repay any debt instead of signing a reaffirmation agreement, but there may be valid reasons for wanting to reaffirm a particular debt.

Reaffirmation agreements must not impose an undue burden on you or your dependents and must be in your best interest. If you decide to sign a reaffirmation agreement, you may cancel it at any time before the court issues your discharge order or within sixty (60) days after the reaffirmation agreement was filed with the court, whichever is later. If you reaffirm a debt and fail to make the payments required in the reaffirmation agreement, the creditor can take action against you to recover any property that was given as security for the loan and you may remain personally liable for any remaining debt.

OTHER BANKRUPTCY OPTIONS

You have a choice in deciding what chapter of the Bankruptcy Code will best suit your needs. Even if you have already filed for relief under chapter 7, you may be eligible to convert your case to a different chapter.

Chapter 7 is the liquidation chapter of the Bankruptcy Code. Under chapter 7, a trustee is appointed to collect and sell, if economically feasible, all property you own that is not exempt from these actions.

Chapter 11 is the reorganization chapter most commonly used by businesses, but it is also available to individuals. Creditors vote on whether to accept or reject a plan, which also must be approved by the court. While the debtor normally remains in control of the assets, the court can order the appointment of a trustee to take possession and control of the business.

Chapter 12 offers bankruptcy relief to those who qualify as family farmers. Family farmers must propose a plan to repay their creditors over a three-to-five year period and it must be approved by the court. Plan payments are made through a chapter 12 trustee, who also monitors the debtor's farming operations during the pendency of the plan.

Finally, chapter 13 generally permits individuals to keep their property by repaying creditors out of their future income. Each chapter 13 debtor writes a plan which must be approved by the bankruptcy court. The debtor must pay the chapter 13 trustee the amounts set forth in their plan. Debtors receive a discharge after they complete their chapter 13 repayment plan. Chapter 13 is only available to individuals with regular income whose debts do not exceed $1,000,000.00 ($250,000.00 in unsecured debts and $750,000.00 in secured debts).

AGAIN, PLEASE SPEAK TO YOUR LAWYER IF YOU NEED FURTHER INFORMATION OR EXPLANATION, INCLUDING HOW THE BANKRUPTCY LAWS RELATE TO YOUR SPECIFIC CASE.

Client's signature _______________________________Date __________________

Client's signature _______________________________ Date __________________

"We are a debt relief agency. We help file for bankruptcy relief under the Bankruptcy Code."


UNITED STATES BANKRUPTCY COURT

LISTS, SCHEDULES, STATEMENTS AND FEES

Voluntary Chapter 7 Case

____ Filing Fee of $274

If the fee is to be paid in installments or the debtor requests a waiver of the fee, the debtor must be an individual and must file a signed application for court approval. Official Form 3A or 3B and Rule 1006(b) & (c), Fed.R.Bankr.P.

____ Voluntary Petition (Official Form 1).

Names and addresses of all creditors of the debtor.

Must be filed WITH the petition. Names and addresses not required if debtor files a schedule of liabilities with the petition. Rule 1007 (a), Fed.R.Bankr.P.

____ Notice to Individual Debtor with Primarily Consumer Debts under 11 U.S.C. §342(b)

Must be filed with the petition or within 15 days. 11.U.S.C. §§342(b); 521(a)(1)(B)(iii); 707(a)(3).

____ Notice to debtor by "bankruptcy petition preparer," if applicable.

Must be filed WITH the petition if prepared by a "bankruptcy petition preparer." 11 U.S.C. §110(b)(2)(B); Official Form 19B

____ Statement of Social Security Number (Official Form 21).

Required if the debtor is an individual. Must be submitted WITH the petition. Rule 1007(f), Fed.R.Bankr.P.

____ Certificate of Credit Counseling and Debt Repayment Plan. (Or § 109(h)(3) certification or § 109(h)(4) request.)

Required if the debtor is an individual. Must be filed WITH the petition. Rule 1007(b) & (c), Fed.R.Bankr.P.

____ Statement disclosing compensation paid or to be paid to a "bankruptcy petition preparer" as defined in 11 U.S.C. § 110.

Must be filed WITH the petition if the "bankruptcy petition preparer" prepares the petition. 11 U.S.C. §110(h).

____ Statement of current monthly income, etc. (Official Form 22A).

Required if the debtor is an individual with primarily consumer debts. Must be filed with the petition or within 15 days. Rule 1007(b) & (c), Fed.R.Bankr.P.

____ Schedules of assets and liabilities (Official From 6).

Must be filed with the petition or within 15 days. Rule 1007 (b) & (c), Fed.R.Bankr.P.

____ Schedule of executory contracts and unexpired leases (Schedule G of Official Form 6).

Must be filed with the petition or within 15 days. Rule 1007 (b) & (c), Fed.R.Bankr.P.

____ Schedules of current income and expenditures.

All debtors must file these schedules. If the debtor is an individual, Schedules * and J of Official Form 6 must be used for this purpose. Must be filed with the petition or within 15 days. 11 U.S.C. § 521(1) and Rule 1007 (b) & (c), Fed.R.Bankr.P.

____ Statement of financial affairs (Official From 7).

Must be filed with the petition or within 15 days. Rule 1007(b) & (c), Fed.R.Bankr.P.

____ Copies of all payment advices or other evidence of payment received by the debtor from any employer within 60 days before the filing of the petition.

Required if the debtor is an individual. Must be filed with the petition or within 15 days. Rule 1007(b) & (c), Fed.R.Bankr.P.

____ Statement of intention regarding secured property (Official Form 8).

Required ONLY if the debtor is an individual and the schedules of assets and liabilities contain debts secured by property of the estate or personal property subject to an unexpired lease. Must be filed within 30 days or by the date set for the Section 341 meeting of creditors, whichever is earlier, 11 U.S.C. §§ 362(h). and 521(2).

____ Statement disclosing compensation paid or to be paid to the attorney for the debtor.

Must be filed within 15 days or any other date set by the court. 11 U.S.C. §329 and Rule 2016(b), Fed.R.Bankr.P.

Client's Signature _________________________________ Date ____________________

Client's Signature _________________________________ Date ____________________

"We are a debt relief agency. We help file for bankruptcy relief under the Bankruptcy Code."

*Adopted by the National Consumer Law Center from a pamphlet prepared by Legal Services, Inc., under a grant from the Pennsylvania Law Coordination Center, and from National Consumer Law Center, Surviving Debt (3d ed. 1999). Those seeking more detailed and technical information should consult National Consumer Law Center, Consumer Bankruptcy Law and Practice (6th ed. 2000), or National Consumer Law Center, Surviving Debt (3d ed. 1999). These publications can be ordered by calling NCLC AT (617) 523-8089