Chapter 13 Record Requirements
When you fill out your Chapter 13 bankruptcy paperwork you will need to provide certain documents to the Chapter 13 bankruptcy trustee.
You will need to provide copies of your tax returns for the last two years. If you have unfiled returns, you will need to explain why you were not required to file. If you did not have a valid reason for not filing, most trustees, especially in Chapter 13 cases, will require you to file your taxes and provide copies before concluding or approving your case.
If you are an employee, you will need copies of your paystubs for the six-month period prior to the bankruptcy as well as your last two W-2s. If you are self-employed, you will need to provide a profit and loss statement for the same six-month period, as well as business bank statements to verify the amounts on the statement. If you have income from other sources, proof of this income is also required.
If you own real estate, you will need to provide valuation of the property, mortgage statements showing current loan balances, deeds of trust and proof of homeowner’s insurance.
If you own any vehicles, you will need to provide copies of your registration, proof of insurance and valuation information. If you have a car loan, will need a recent loan statement showing how much you owe and what your monthly payment is.
You will be required to provide recent bank and retirement account statements for all of your accounts.
If you pay alimony, spousal maintenance or child support, you will need to show proof of these expenses.
When you go to your hearing with the trustee, you will be asked to show valid photo identification such as a driver’s license or state-issued ID card as well as proof of your social security number.
You need to gather all of your loan statements or bills so that you can list creditors in your Chapter 13 bankruptcy; alternately, you can obtain a credit report that shows all your debts.
In addition to the documents above, the law requires that you complete a credit counseling class and obtain a certificate before you can file for your personal bankruptcy. These classes can usually be completed online in less than hour.
These are called the Official Bankruptcy Forms and are available online through the website of the U.S. Courts at www.uscourts.gov:
Part I – Official Forms, Instructions, and Committee Notes, where you will find the forms you must file in Chapter 7, Chapter 11, Chapter 12, or Chapter 13 bankruptcy.
Part II – Procedural Forms and Instructions, where you will find the forms you may need after you have filed your case, or forms a creditor might use once you’ve filed, or forms that the court might issue.
You can fill out these official forms online and print them out for filing.
Following is a list of the forms that you will probably need to file in your Chapter 13 bankruptcy.
- Voluntary Petition – This includes the petition as well as Exhibits A, C and D.
- Application and Order to Pay Filing Fee in Installments (this will not apply to most Chapter 13 debtors)
- Cover Sheet for Schedules
- Summary of Schedules
- Schedule A — Real Property
- Schedule B — Personal Property
- Schedule C — Property Claimed as Exempt
- Schedule D — Creditors Holding Secured Claims
- Schedule E — Creditors Holding Unsecured Priority Claims
- Schedule F — Creditors Holding Unsecured Non-priority Claims
- Schedule G — Executory Contracts and Unexpired Leases
- Schedule H – Co-debtors
- Schedule I — Current Income of Individual Debtor(s)
- Schedule J — Current Expenditures of Individual Debtor(s)
- Declaration Concerning Debtor’s Schedules
- Statement of Financial Affairs
- Statement of Social Security Number
- Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income
- Debtor’s Certification of Completion of Instructional Course Concerning Financial Management
- Notice to Consumer Debtors Under 342(b) of the Bankruptcy Code
- 13 Debtor’s Certifications Regarding Domestic Support Obligations and Section 522(q)
- Exhibit A – You only need to file this if you are required to file periodic reports with the Securities and Exchange Commission (SEC).
- Exhibit C — You only need to file this if you own or possess property that may pose a threat to public health or safety.
- Exhibit D – Individual Debtor’s Statement of Compliance With Credit Counseling Requirement
Filing Chapter 13 or Chapter 7 bankruptcy can be complicated. You need a bankruptcy lawyer with extensive experience and a national reputation for excellence in the representation of debtors in financial distress. Speak with an experienced bankruptcy rep at Client First Bankruptcy today. Call us toll-free at 800-383-6004.