NOTE!
We prepare all documents using the forms mandated by the new Bankruptcy Reform Act of 2005, and subsequent modifications.
Are you being harassed? ...Facing repossessions or foreclosure?
|
If you have any questions that we haven't answered here in this website regarding the preparation and filing of a Chapter 7 personal bankruptcy petition please:
Under the law, § 110 of the Bankruptcy Code (11 U.S.C. § 110), I am forbidden to offer you any legal advice, including advice about any of the following:
In addition, under 11 U.S.C. § 110(h), the Supreme Court or the Judicial Conference of the United States may promulgate rules or guidelines setting a maximum allowable fee chargeable by a bankruptcy petition preparer. As required by law, I have notified you of the maximum amount, if any, before preparing any document for filing or accepting any fee from you.
This questionnaire is designed so it can be filled out in your browser and submitted to us through the SECURE online submission script on our server by simply completing the form online, inputing your email address, then clicking on the "SUBMIT ORDER NOW" button at the end of the form. Don't let the size of the form intimidate you. The vast majority of our clients don't use more than 20% of the form. Just leave any portion that doesn't apply to you BLANK.
Helpful hints:
1. You can logon to this page at our website, then sign off your Internet Service Provider (i.e., AOL, Juno, direct dial-up, etc.), and complete the form while you are offline. Be sure not to close your browser until after you complete the form and get it ready to submit to us. When you have completed the form offline, just sign on to your ISP again and click the "SUBMIT ORDER NOW" button at the end of the form. The information in the form will be "SECURELY" transmitted to us through our online script. If you submit the form through our SECURE online submission script, you won't have to worry about overflow text in the text boxes, as the online submission method allows us to access all of the overflow text in the text boxes.
Preparing it in advance by hand can help to expedite your work when you are ready to complete and submit the form to us online. The form will print out on approximately 25 pages, depending on your system settings.
The current filing fees for most bankruptcy districts, for a Chapter 7, which you will have to forward directly to the clerk of the bankruptcy court along with your completed documents will be $299.00. You can submit your petition in person, by courier, or by mail.
Within 180 days prior to filing a personal bankruptcy petition, all personal bankruptcy filers will have to undergo a credit counseling session with a counseling agency approved by the U.S. Trustee. (There are exceptions where there is an emergency and the person could not receive counseling within five days, or where the U.S. Trustee has determined that the approved agencies are not adequate to provide the required counseling.) If a debt management plan is developed it must be filed with the court whether you find it acceptable or not. Joint filers must BOTH undergo the counseling session.
If you have not undergone a counseling session yet, you can CLICK HERE for a state-by-state listing of U.S. Trustee approved credit counseling agencies throughout the United States. Counseling services vary, with Internet, telephonic, and face-to-face sessions available.
Most people are called upon to make only one personal appearance during the course of the Chapter 7 bankruptcy process. That is 20 to 40 days after your submission to the court clerk, when a meeting of creditors is scheduled (This is sometimes called a "341 meeting"). The vast majority of creditors do not put in an appearance at the meeting. Normally you will be asked a few routine questions by the bankruptcy trustee appointed to your case by the court. The final discharge of your debts usually takes place in two to four months from the day of your filing the petition, depending upon the case load of your local bankruptcy court.
Be sure to indicate on the following submission form if you intend to keep your house, condo, automobile, or any other possession on which you still owe money. If you still owe money on any item you want to keep, be sure to keep making the payments on those particular items.
Immediately upon filing the petition, all creditors, including the IRS, are stayed (stopped, prohibited) from any further collection activities. Under some strictly defined conditions, even back taxes owed to the IRS can be eliminated in Chapter 7 bankruptcy, so don't forget to include all you can about any back taxes the IRS claims you owe them. The court will notify all the creditors that you list in your petition.
Chapter 7 filers may convert their filing to a Chapter 13 anytime before the conclusion of their case. The permission of the court must be obtained, by filing a motion for conversion.
Don't let the length of the questionnaire discourage you. Remember: If a question doesn't apply to your circumstances, just leave the the answer area BLANK. When you are asked to put a value on your personal possessions, just put down what you think you could get at a garage or yard sale for any particular item. Most of us have a pretty good idea what the approximate value of our home is, but if you really don't, contact a Realtor and ask for what is called a"CMA" (that is a Comparative Market Analysis). Realtors don't customarily charge for a CMA, if they think they have a chance to get a listing to sell the property. A CMA will give you a reasonable approximation of the value of your home. Just answer the questions to the best of your ability then submit the questionnaire to us. If we have any questions while we are preparing your petition, we will contact you by email, and we can deal with them at that time.
Remember, as soon as you get the Chapter 7 petition filed you should stop making
payments on any debt that you have petitioned the court to have discharged (avoided,
eliminated). In Chapter 7 filings, you must keep making the payments on your house and
vehicle, if you intend to keep them and reaffirm those debts.
NOTE!
If you haven't lived in your current state for at least 2 years prior to the anticipated date of your filing, you may have to use the exemption laws for the state where you were living before that 2 year period began. However, if the state wherein you are required to file your return, as determined by the residency requirements stated above, allows you to choose to use the federal exemptions, you may use the federal exemptions regardless of how long you lived in that state.
CLICK HERE to open, read, download, or print any state or federal exemption statutes.
The following fees cover our Chapter 7 preparation services. All fees are in US Dollars.
The bankruptcy court (venue) where you must file your personal bankruptcy petition is determined by the state and COUNTY in which you have resided for the greater portion of the 180 days (91 days)immediately preceding the date of your filing. In the case of military personnel stationed overseas, it is the state and COUNTY in which you claim your residence of record.
| Filing Status | Standard Chapter 7 | Priority Chapter 7 |
| Everyone | $99.95 | $124.95 |
|
|
|
Printing this form from your browser will allow you to prepare it by hand. Preparing it in advance by hand will help expedite your work when you are ready to submit the form to us online. The form will print out on approximately 30 pages, depending on your system settings.
You can also prepare it in advance in your browser while offline by saving this page to a file on your computer, then opening it offline and prepare it in advance. You can then print out the form and use it to assist you in filling out the form online. If you close the browser with input data, the data will not be saved, only the form.
This questionnaire is designed to be filled out online, in your browser, and submitted to us through our SECURE online submission script.
If you have decided that debt relief through bankruptcy, and a financial fresh start, is the best choice for you; we will then use the information you provide to us in this submission form to prepare the required paperwork. We will return the required paperwork to you by email, First-Class Mail, and/or Priority Mail, per your choice, based upon your selection of service. Upon receipt of your completed petition, you can sign the petition and print out as many copies of the documents as your court tells you to file.
We recommend that you prepare an extra copy and forward it to the clerk of the court along with the required number of copies. Include a note and a self-addressed, stamped envelope and request that a "conformed copy" be returned to you. This way you will have a date and time-stamped copy of your petition without having to acquire one later from the court. This may come in handy to discourage any creditors who may continue to harass you until they receive notice of your filing from the bankruptcy court.
Average completion time is 1-2 hours. There will be entire sections that do not apply to your circumstances. Simply leave blank all questions that do not apply.
If you run out of room for creditors in any category, just list them in a separate email and send them to us. Be sure to mention that you have submitted the form and include your name and email address.