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Key Takeaways To qualify for voluntary bankruptcy, you'll need to prove that you don't earn enough money to pay for the old debt and that you've exhausted all of your other financial resources. Your assets and outstanding debt will determine what chapter you file: Chapter 7 (liquidation) or Chapter 13 (restructure).
A Bankruptcy petition is a collection of forms also known as schedules that disclose all of your financial information to the Bankruptcy Court. These forms will list all of your assets (real and personal property), monthly income and expenses and most importantly the liabilities and debts you wish to eliminate.
Bankruptcy petition preparers are not attorneys. Even the bankruptcy petition preparers who call themselves "paralegals" are not usually supervised by an attorney. They may not represent debtors in any bankruptcy proceeding and they may not give debtors any legal advice.
Bankruptcy petitions can be defended the debt is substantially disputed; the debt has already been paid; there is a valid counterclaim or cross claim against the creditor ? which basically extinguishes their debt; there are procedural defects in the petition itself; or. the petition debt is already secured.
The U.S. bankruptcy code doesn't specify a minimum dollar amount someone must owe to make them eligible for a qualified filing. In short, any debt is enough debt. More important than the size of your debt is the size of your income. How much money you earn affects whether you qualify for Chapter 7.
Chapter 7 Bankruptcy Forms. You'll use the documents you've assembled to complete a 50- to 60-page bankruptcy packet you'll file with your local bankruptcy court. Your packet will include a completed credit counseling course certificate. You'll also pay a filing fee or submit a fee waiver or installment payment request ...
Here's an overview of the steps involved in filing for Chapter 7 bankruptcy. Find an attorney. ... Attend credit counseling. ... Petition and prepare paperwork. ... A trustee is appointed to your case. ... Meet with your creditors. ... Complete debtor education course. ... Confirm your eligibility. ... Nonexempt property is liquidated.
The voluntary petition will include standard information concerning the debtor's name(s), social security number or tax identification number, residence, location of principal assets (if a business), the debtor's plan or intention to file a plan, and a request for relief under the appropriate chapter of the Bankruptcy ...
While the average length of a Chapter 11 Bankruptcy case can last 17 months, larger and more complex cases can take up to five years. And following the conclusion of the bankruptcy case, it can still take months for Debtors to begin distributing payouts to the highest priority class of Creditors.
The average bankruptcy packet ranges from 40 to 50 pages in length.