Chapter 7 Petition Filing Instructions (Individual Debtors) | Pdf Fpdf Doc Docx | California

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Chapter 7 Petition Filing Instructions (Individual Debtors) | Pdf Fpdf Doc Docx | California

Last updated: 7/15/2022

Chapter 7 Petition Filing Instructions (Individual Debtors)

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United States Bankruptcy Court Central District of California Chapter 7 Petition Package (Individual Debtors) Requirements and Forms for Individuals Filing a Chapter 7 Bankruptcy Case in the Central District of California Revised April 2016 Check the Court's website www.cacb.uscourts.gov to verify that you are using the latest version of the Petition Package American LegalNet, Inc. www.FormsWorkFlow.com Table of Contents Page Introduction ................................................................................................. 1 eSR ­Free Online Software for Preparing a Bankruptcy Filing.................... 2 Requirements for Individuals Filing a Chapter 7 Bankruptcy Case .............. 3 Notice Required by 11 U.S.C. § 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. .................................................................................... 7 Requirements for Master Mailing List of Creditors..................................... 11 Example of Format for Master Mailing List of Creditors ............................. 12 Definition of Terms .................................................................................... 13 Introduction This Chapter 7 Petition Package includes the basic information and forms required for an individual debtor to file a voluntary chapter 7 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 Court's website under Petition Forms. Since bankruptcy is a complex process, debtors considering filing a chapter 7 bankruptcy case are encouraged to consult with a bankruptcy attorney or visit one of the self help desks (called a pro se clinic at the Riverside Division) located at each of the court's five divisions. Please note that court staff is prohibited from giving legal advice. Before filing a bankruptcy case, debtors are also encouraged to visit the court's web site http://www.cacb.uscourts.gov to review the "Don't Have an Attorney" web page. This web page has easy to understand information and videos about the bankruptcy process, contact information for free and low cost bankruptcy assistance, and other helpful information. American LegalNet, Inc. www.FormsWorkFlow.com Page 1 Chapter 7 Petition Package (Individual Debtors) This Petition Package, and all forms in it, are available for free on the Court's 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). eSR ­ Free Online Software for Preparing the Filing of a Voluntary Chapter 7 Bankruptcy Case in the Central District of California Individual debtors filing chapter 7 and who are not represented by an attorney may consider using the Court's Electronic Self Represented (eSR) online petition preparation software. The forms in this package are NOT the forms to use if you are filing for bankruptcy using eSR. Volunteer attorneys and staff in each of the Court's five self-help clinics, are knowledgeable about the use of eSR and can assist you with questions you may have about eSR. Please note that eSR is only for use in the Central District of California. For more information about eSR, please visit the Court's eSR web page located under the Don't Have an Attorney link on the Court's website www.cacb.uscourts.gov. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 Chapter 7 Petition Package (Individual Debtors) Requirements for Individuals Filing a Chapter 7 Bankruptcy Case To file a chapter 7 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 Justice's website at http://www.justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm. 2) MUST pay the chapter 7 filing fee. Consult the Court Manual for fee amounts and payment methods. 3) MUST file the following documents, if applicable, 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, see Court Manual section 3.6(b). If filing electronically, this document must be filed separately from the other documents in this package. Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101) ­ this completed form must be signed by the debtor(s) after the debtor(s) has read the Notice Required by 11 U.S.C. § 342(b) for Individuals Filing Bankruptcy (Form 2010) (see page 9 of this Petition Package). Master Mailing List of Creditors - this is not a form, it is a list of creditors' names and addresses. Please see the Requirements for Master Mailing List of Creditors on page 11. Electronic Filing Declaration (Individual) [LBR 1002-1(f)] (LBR form F 1002-1.DEC.ELEC.FILING.INDIVIDUAL) - this form is required only for electronically filed bankruptcy cases. If filing electronically, this document must be filed separately from the other documents in this package. B. C. D. American LegalNet, Inc. www.FormsWorkFlow.com Page 3 Chapter 7 Petition Package (Individual Debtors) E. Initial Statement About an Eviction Judgment Against You (Official Form 101A) ­ this form must be filed with your voluntary petition IF you marked "Yes" 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 101A) a check in the form of a certified cashier's 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

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