What Form Do I Need to File Chapter 7?
- The core of any bankruptcy case is the federal bankruptcy petition, used in every state and bankruptcy district in America. You can find all of the possible forms you could use on the website of the United States Courts. However, you may not need all the forms, and you may wish to consult an attorney to determine what forms are necessary. Each state has at least one bankruptcy district, and most districts prefer that you use pre-printed forms with the name of the district on them. Even though the information required on the forms themselves is the same in every state, you can get district-specific forms from the bankruptcy clerk or website of each individual bankruptcy district.
- In addition to the federal bankruptcy forms, most districts have their own local forms that you may have to use. When it comes to bankruptcy law, local rules are as binding as federal rules, and if you fail to follow your local bankruptcy procedures the court may dismiss your Chapter 7 case. As with the bankruptcy petition forms themselves, ,you can get a copy of the local rules and forms for your bankruptcy district either on the district website or from your local bankruptcy clerk.
- When you file Chapter 7 bankruptcy, you must take two educational courses and provide the court with documents proving completion. The first course is a credit counseling course that you must take before you file bankruptcy, while the second is a course in financial management that you take after you file your case but before you receive your discharge. If you do not complete either course and submit the required documentation to the court, you will not receive your discharge.
- In addition to the financial information you provide on your bankruptcy petition, most local courts request a copy of your actual pay stubs. You can attach your pay stubs to the appropriate local bankruptcy form when you submit your petition. Additionally, you must provide your individual bankruptcy trustee with a copy of your most recent tax return at least a week before your required bankruptcy meeting. If you do not provide either your tax return or your pay stubs, the court may dismiss your Chapter 7 case.
