Chapter 13 Petition Filing Instructions | Pdf Fpdf Docx | California

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Chapter 13 Petition Filing Instructions | Pdf Fpdf Docx | California

Last updated: 7/15/2022

Chapter 13 Petition Filing Instructions

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United States Bankruptcy Court Central District of California Chapter 13 Petition Package Requirements and Forms for Individuals Filing a Chapter 13 Bankruptcy Case in the Central District of California x-none American LegalNet, Inc. www.FormsWorkFlow.com December 2017 Page 1 Chapter 13 Petition Package Table of Contents Page Introduction ................................................................................................. 1 Requirements for Filing a Chapter 13 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 13 Petition Package includes the basic information and forms required to file a voluntary chapter 13 bankruptcy case in the Central District of California, as specified in the Court Manual, Section 2 Filing Requirements and Procedures. 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 13 bankruptcy case are encouraged to consult with a bankruptcy attorney. Only individuals may file chapter 13 bankruptcy cases [11 U.S.C. 247 109]. This Petition Package, and all forms in it, are available for free on the Court222s web site http://www.cacb.uscourts.gov . The online versions of the forms in this Petition Package are pdf fillable and can be completed and saved to any computer that has Adobe Acrobat Reader (Adobe Acrobat Reader is available for free at http://get.adobe.com/reader ). Please note that court staff is prohibited from giving legal advice. Before filing a bankruptcy case, debtors are also encouraged to visit the Court222s web site www.cacb.uscourts.gov to review the 223Don222t Have an Attorney224 web page. This web page has easy to understand information and videos about the bankruptcy process and other helpful information. Attorneys filing through CM/ECF should refer to the Court Manual Section 3 CM/ECF Procedures . American LegalNet, Inc. www.FormsWorkFlow.com December 2017 Page 2 Chapter 13 Petition Package Requirements for Filing a Chapter 13 Bankruptcy Case To file a chapter 13 bankruptcy case in the Central District of California, 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 www.justice.gov/ust/eo/bapcpa/ccde/ccapproved.htm . 2) MUST pay the chapter 13 filing fee. Consult the Court Manual for the filing fee amount 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, and C) 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, see Court Manual section 3.6(b). If filing electronically, this document must be filed separately from the other documents in this package. B. Voluntary Petition for Individuals Filings for Bankruptcy (Official Form 101 ) 226 this completed form must be signed by the debtor(s). C. 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 9. D. 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). The Court requires that filers of this statement also provide a copy of the eviction judgment and a check made payable to the landlord. American LegalNet, Inc. www.FormsWorkFlow.com December 2017 Page 3 Chapter 13 Petition Package 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. E. Debt Repayment Plan 226 if the credit counseling agency provided the debtor with a debt repayment plan, the debt repayment plan must be filed. F. Statement of Related Cases (LBR form F 1015-2.1.STMT.RELATED.CASES) G. Summary of Your Assets and Liabilities and Certain Statistical Information (Official Form 106Sum) H. Schedules A/B through J-2 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. I. Declaration About an Individual Debtor222s Schedules (Official Form 106Dec) J. Statement of Financial Affairs for Individuals Filing for Bankruptcy (Official Form 107) K. Disclosure of Compensation of Bankruptcy Petition Preparer (Official Form B2800 226 this form must be filed only if the debtor paid a non-attorney bankruptcy petition preparer to prepare any of the documents in listed in this Petition Package [11 U.S.C. 247 110]. American LegalNet, Inc. www.FormsWorkFlow.com December 2017 Page 4 Chapter 13 Petition Package L. Bankruptcy Petition Preparer222s Notice, Declaration and Signature (Official Form 119 ) - this form must be filed only if the debtor paid a non-attorney bankruptcy petition preparer prepared any of the bankruptcy filing documents. [11 U.S.C. 247 110]. M. Disclosure of Compensation of Attorney for Debtor (Official Form 2030 ) 226 this form is required only when an attorney represents the debtor and/or prepared the bankruptcy filing documents. N. Declaration by Debtor(s) as to Whether Debtor(s) Income was Received From an Employer withint 60 Days of the Petition Date [11 U.S.C., 247 521(a)(1)(B)] (LBR form F 1002-1.EMP.INCOME.DEC) If filing electronically, this document must be filed separately from the other documents in this package. O. Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period (Official Form 122C-1) P. Chapter 13 Statement of Your Disposable Income (Official Form 122C-2) Q. Verification of Master Mailing List of Creditors [LBR 1007-1(a)] (LBR form F 1007-1.MAILING.LIST.VERIFICATION) R. Certificate of Credit Counseling - a certificate of credit counseling is issued by the credit counseling agency after the debtor has completed a credit counseling course. If filing electronically, this document must be filed separately from the other documents in this package. S. Chapter 13 Plan (LBR f

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