Forms for Chapter 7 Bankruptcy
- Filing a Chapter 7 bankruptcy will require many financial records to be given to the court.financial image by Patrizier-Design from Fotolia.com
Filing for a Chapter 7 bankruptcy will have long-standing affects on a person's credit history, his ability to get insurance and can even eliminate job opportunities. In October 2005, several new bankruptcy rules were enacted to encourage debtor's to file a Chapter 13 bankruptcy as opposed to a Chapter 7 (straight) bankruptcy. Any person considering filing a Chapter 7 bankruptcy should make himself familiar with some of the most basic forms. - Bankruptcy form B23, "Debtor's Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management," proves to the court that the debtor has attended and completed the mandatory credit counseling. According to the Federal Trade Commission website, "You must get credit counseling from a government-approved organization within six months before you file for any bankruptcy relief." Lists of approved credit counseling companies can be found online.
- One of the first forms filed in a Chapter 7 bankruptcy is the "Voluntary Petition," or form B1. This is the form that actually declares the bankruptcy and starts the court proceeding. Once this form is filed with the court, the debtor is issued an automatic stay, which puts a stop to creditors trying to collect debts against the debtor.
- Bankruptcy form B8, "Chapter 7 Individual Debtor's Statement of Intention," is the form the debtor files to declare whether he is going to redeem his property (such as a house he owns or leases) or surrender the property.
- Bankruptcy form B22A, "Statement of Current Monthly Income and Calculations," is the form the debtor must file to show his total monthly income and prove that he passes the "means test." Means testing is done to determine that the debtor cannot repay his debts based on his total monthly income and debts. By using the calculations on this form, along with information from the Internal Revenue Service website, debtors establish that they have passed the means test.
Credit Counseling Certificate
Voluntary Petition
Individual Debtor's Statement of Intention
Statement of Current Montly Income and Means-Test Calculation
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