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

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

Last updated: 7/15/2022

Chapter 7 Petition Filing Instructions (Non-Individual Debtors)

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United States Bankruptcy Court Central District of California Chapter 7 Petition Package (Non-Individual Debtors) Requirements and Forms for Non-Individuals Filing a Chapter 7 Bankruptcy Case in the Central District of California American LegalNet, Inc. www.FormsWorkFlow.com Page 1 Chapter 7 Petition Package (Non-Individual Debtors) Table of Contents Page Introduction .................................................................................................. 1 Requirements for Non-Individuals Filing a Chapter 7 Bankruptcy Case ...... 2 Requirements for Master Mailing List of Creditors ....................................... 4 Example of Format for Master Mailing List of Creditors ............................... 5 Definition of Terms ....................................................................................... 6 Introduction This Chapter 7 Petition Package includes the basic information and forms required for a non-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. The forms in this Petition Package are not fillable. You may retrieve fillable versions of the forms at http://www.uscourts.gov/forms/bankruptcy-forms . Non-individual debtors must be represented by an attorney and should refer to the Instructions for Bankruptcy Forms for Non-Individuals, available on the Court222s website, under Petition Forms. 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. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 Chapter 7 Petition Package (Non-Individual Debtors) Requirements for Non-Individuals Filing a Chapter 7 Bankruptcy Case To file a chapter 7 bankruptcy case in the Central District of California, non-individual debtors: 1) MUST be represented by an attorney (LBR 9011-2(a)). 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, and B) MUST BE FILED, when applicable, or the bankruptcy filing will not be accepted. A. Voluntary Petition for Non-Individuals Filing for Bankruptcy (Official Form 201) 226 this completed form must be signed by the authorized representative of the Debtor. B. 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 4. 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. C. Corporate Resolution Authorizing Filing of the Petition - this is not a form and is required only if the debtor is a corporation. D. Corporate Ownership Statement (LBR form F 1007-4.CORP.OWNERSHIP.STMT) - this form is required only if the debtor is a corporation (other than a government unit) [LBR 1007-4]. E. Statement of Related Cases (LBR form F 1015-2.1.STMT.RELATED.CASES) F. Summary of Assets and Liabilities for Non-Individuals (Official Form 206Sum) American LegalNet, Inc. www.FormsWorkFlow.com Page 3 Chapter 7 Petition Package (Non-Individual Debtors) G. Schedules A/B, D through H If any of the applicable schedules do not apply, the Debtor MUST print 223None224 on the form and file it with the other documents) Schedule A/B: Assets 226 Real and Personal Property (Official Form 206A/B) Schedule D: Creditors Who Have Claims Secured by Property (Official Form 206D) Schedule E/F: Creditors Who Have Unsecured Claims (Official Form 206E/F) Schedule G: Executory Contracts and Unexpired Leases (Official Form 206G) Schedule H: Codebtors (Official Form 206H) H. Declaration Under Penalty of Perjury for Non-Individual Debtors (Official Form 202) I. Statement of Financial Affairs for Non-Individuals Filing For Bankruptcy (Official Form 207) J. Disclosure of Compensation of Attorney for Debtor (Official Form 2030) 226 this form is required when an attorney represents the debtor and/or prepared the bankruptcy filing documents. K. Verification of Master Mailing List of Creditors [LBR 1007-1(a)] (LBR form F 1007-1.MAILING.LIST.VERIFICATION) Optional Form with No Deadline for Filing L. Debtor222s Request to Activate Electronic Noticing (DeBN) (local form F 9036-1.1.DeBN.ACTIVATE) 226 this is an optional form for the debtor222s authorized representative to request orders and court-generated notices by email (at no cost) through the DeBN program, instead of by U.S. mail. American LegalNet, Inc. www.FormsWorkFlow.com Page 4 Chapter 7 Petition Package (Non-Individual Debtors) Requirements for Master Mailing List of Creditors A Master Mailing List of Creditors, with the names and addresses of the creditors, must be filed in all bankruptcy cases and must be submitted in the following format (see Example of Format for Master Mailing List on the next page): 1. Typed on blank, unlined, standard white 8-1/2 x 11 inch medium weight paper using uppercase and lowercase letter quality fonts, no smaller than 10 point nor greater than 14 point, in either Arial, Calibri, Cambria, Courier, Times New Roman, Helvetica, Geneva, or Letter Gothic. 2. Typed in a single column with no letters closer than 1-1/2 inches from any edge of the paper and left justified. 3. Typed with no more than 8 name/address blocks per page. Each block must consist of no more than 4 lines total for each name/address with at least 2 blank lines in between. 4. Master Mailing List pages must list the creditors from Schedules D, E, and F of the bankruptcy case filing. Use as many pages as needed. Do not include the debtor, joint debtor, U.S. Trustee, Internal Revenue Service, or Franchise Tax Board on the Master Mailing List. 5. Each line can be no more than 35 characters in length including spaces. The attention line, if any, must be included on the second line of the block. DO NOT INCLUDE ACCOUNT NUMBERS. The city, state (2-letter abbreviation in capital letters only, e.g., CA), and zip code must be on the last line. Nine-digit zip codes should be separated by a hyphen. 6. Do not use punctuation, except for one comma between city and state (for example Los Angeles, CA 90012). American LegalNet, Inc. www.FormsWorkFlow.com Page 5 Chapter 7 Petition Package (Non-Individual Debtors) Example of Format for Master Mailing List of Creditors Acme Auto Repair 1234 S Street Los Angeles, CA 90005 Acme Hair Repair Attn Herman 1234 S Ave Los Angeles, CA 90005-0001 Acme Dental Clinic 745 Tungsten Boulevard Hollywood, CA 90027 Acme Talent Agency 421 N Copper Canyon Way Burbank, CA 91505-0002 Loans By Acme 7485 Chromium Circle Beverly Hills, CA 90210 Acme And Sons Insurance Attn D Acme 13363 Roads End Street Suite 25 Van Nuys, CA 91401 Acme Bar and Grill 114 Aluminum Alley Chatsworth, CA 91313 American LegalNet, Inc. www.FormsWorkFlow.com Page 6 Chapter 7 Petition Package (Non-Individual Debtors) Definition of Terms Automatic Stay 226 An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed. Bankruptcy Code 226 The Bankruptcy Code is available online at http://law.abi.org/ . Court Manual 226 The Court Manual serves as the administrative portion of the Local Bankruptcy Rules. It lists all the documents that must be prepared in order to file bankruptcy. The Court Manual also contains other useful information for the public, including filing fees and procedures, telephone numbers, clerical and mechanical rules, and instructions and guides for publ

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