Chapter 11 Petition Filing Instructions (Individual Debtors)Start Your Free Trial $ 33.99
What you get:
- Instant access to fillable Microsoft Word or PDF forms.
- Minimize the risk of using outdated forms and eliminate rejected fillings.
- Largest forms database in the USA with more than 80,000 federal, state and agency forms.
- Download, edit, auto-fill multiple forms at once in MS Word using our Forms Workflow Ribbon
- Trusted by 1,000s of Attorneys and Legal Professionals
United States Bankruptcy Court Central District of California Chapter 11 Petition Package (Individual Debtors) Requirements and Forms for Individuals Filing a Chapter 11 Bankruptcy Case in the Central District of California American LegalNet, Inc. www.FormsWorkFlow.com Page 1 Chapter 11 Petition Package (Individual Debtors) Table of Contents Page Introduction .................................................................................................. 1 Requirements for Individuals Filing a Chapter 11 Bankruptcy Case ............ 2 Notice Required by 11 U.S.C. 247 342(b) for Individuals Filing for Bankruptcy (Form 2010) -- Voluntary Petition (Official Form 101) requires debtors that are not represented by an attorney to declare that they have read this form. Do not file this form ...................................................................................... 5 Requirements for Master Mailing List of Creditors ....................................... 9 Example of Format for Master Mailing List of Creditors ............................. 10 Definition of Terms ..................................................................................... 11 Introduction This Chapter 11 Petition Package includes the basic information and forms required for an individual debtor to file a voluntary chapter 11 bankruptcy case in the Central District of California, as specified in the Court Manual, Section 2 Filing Requirements and Procedures. The forms in this Petition Package are not fillable. You may retrieve fillable versions of the forms at www.uscourts.gov/forms/bankruptcy-forms . Individual debtors should also refer to the Instructions for Bankruptcy Forms for Individuals, available on the Court222s website under Petition Forms. Since bankruptcy is a complex process, debtors considering filing a chapter 11 bankruptcy case are encouraged to consult with a bankruptcy attorney. Corporations, partnerships, or unincorporated associations may not file a bankruptcy case or other court documents without an attorney [LBR 9011-2(a)]. Attorneys filing through CM/ECF should refer to the Court Manual Section 3 CM/ECF Procedures . Please note that court staff is prohibited from giving legal advice. Before filing a bankruptcy case, debtors are also encouraged to visit www.uscourts.gov and review Chapter 11 Bankruptcy Basics. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 Chapter 11 Petition Package (Individual Debtors) Requirements for Individuals Filing a Chapter 11 Bankruptcy Case To file a chapter 11 bankruptcy case in the Central District of California, individual debtors: 1) MUST complete an approved credit counseling course within 180 days BEFORE filing the bankruptcy case. Upon completion of the credit counseling course, a certificate of completion will be issued. A copy of the certificate of completion must be filed with the court up to 14 days after the bankruptcy petition filing (with limited exceptions). For a list of approved credit counseling agencies, visit the U.S. Department of Justice222s website at http://www.justice.gov/ust/eo/bapcpa/ccde/ccapproved.htm . 2) MUST pay the chapter 11 filing fee. Consult the Court Manual for filing fee amounts and payment methods. 3) MUST file the following documents at the bankruptcy court in the following order: At a minimum, documents in this box (A, B, C, and D) MUST BE FILED, when applicable, or the bankruptcy filing will not be accepted. A. Statement About Your Social Security Numbers (Official Form 121). If filing electronically, this document must be filed separately from the other documents in this package. B. Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101) 226 this completed form must be signed by the debtor(s) after the debtor(s) has read the Notice Required by 11 U.S.C. 247 342(b) for Individuals Filing Bankruptcy (Form 2010) that is available (see page 9 of this Petition Package).. C. For Individual Chapter 11 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims Against You and Are Not Insiders (Official Form 104). D. Master Mailing List of Creditors - this is not a form, it is a list of creditors222 names and addresses. Please see the Requirements for Master Mailing List of Creditors on page 10. E. Initial Statement About an Eviction Judgment Against You (Official Form 101A) 226 this form must be filed with your voluntary petition IF you marked 223Yes224 to both questions in #11 on the Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101). As required by LBR 4001-1, the filer must attach to this Official Form 101) a check in the form of a certified cashier222s check or money order payable to the lessor or landlord in the amount of any rent that would become due during the 30-day period after filing of the bankruptcy petition; and 2) a copy of the judgment for possession (LBR 4001-1). American LegalNet, Inc. www.FormsWorkFlow.com Page 3 Chapter 11 Petition Package (Individual Debtors) The Following Documents Must be Filed with the Voluntary Petition or within 14 Days After Filing the Voluntary Petition The following documents, if applicable, MUST also be filed at the bankruptcy court with the Voluntary Petition, or within 14 days after the filing of the Voluntary Petition. If the following documents are not filed within 14 days after the filing of the Voluntary Petition, the bankruptcy case may be dismissed. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. F. Debt Repayment Plan 226 if the credit counseling agency provided the debtor with a debt repayment plan, the debt repayment plan must be filed. G. Statement of Related Cases (LBR form F 1015-2.1.STMT.RELATED.CASES) H. Summary of Your Assets and Liabilities and Certain Statistical Information (Official Form226 106SUM) I. Schedules A/B through 106J-2 (Official Forms 106A/B, , 106C, 106D, 106E/F, 106G, 106H, 106I, and 106J, 106J-2) If any of the applicable schedules do not apply, the debtor MUST note 223NONE224 on the form and file it with the other documents. Schedule A/B: Property (Official Form 106A/B) Schedule C: The Property You Claim as Exempt (Official Form 106C) Schedule D: Creditors Who Have Claims Secured by Property (Official Form 106D Schedule E/F: Creditors Who Have Unsecured Claims (Official Form 106E/F) Schedule G: Executory Contracts and Unexpired Leases (Official Form 106G) Schedule H: Your Codebtors (Official Form 106H) Schedule I: Your Income (Official Form 106I) Schedule J: Your Expenses (Official Form 106J) Schedule J-2: Expenses for Separate Household of Debtor 2 (Official Form 106J-2). You must file Official Form 106J-2 if you answered 223yes224 to both questions on Official Form 106J, Part 1. J. Declaration About an Individual Debtor's Schedules (Official Form 106Dec) American LegalNet, Inc. www.FormsWorkFlow.com Page 4 Chapter 11 Petition Package (Individual Debtors) K. Statement of Financial Affairs for Individuals Filing for Bankruptcy (Official Form 107) L. Disclosure of Compensation of Bankruptcy Petition Preparer (Official Form B2800) 226 this form must be filed if the debtor paid a non-attorney bankruptcy petition preparer to prepare any of the documents listed in this Petition Package [11 U.S.C. 247 110]. M. Bankruptcy Petition Preparer222s Notice, Declaration and Signature (Official Form 119) - this form must be filed if the debtor paid a non-attorney bankruptcy petition preparer to prepare any of the bankruptcy case filing documents [11 U.S.C. 247 110]. N. Disclosure of Compensation of Attorney for Debtor (Official Form B2030) 226 this form is required when an attorney represents the debtor and/or prepared the bankruptcy filing documents. O. Chapter 11 Statement of Your Current Monthly Income (Official Form 122B) P. Verification of Master Mailing List of Creditors [LBR 1007-1(a)] (LBR form F 1007-1.1.MAILING.LIST.VERIFICATION) Q. Declaration by Debtor(s) as to Whether Income was Received From an Employer within 60 Days of the Petition Date [11 U.S.C. 247 521(a)(1)(B)(iv) (LBR form F 1002-1.EMP.INCOME.DEC). If filing electronically, this document mu