What Are the Requirements for Chapter 13 Bankruptcy?
Key Takeaways
- The official forms are published on uscourts.gov, but your case is filed with the clerk of your bankruptcy court.
- A filing is built from a numbered set: the 101 petition, the 106 schedules, the 107 statement of financial affairs, and Form 121.
- Venue depends on where you lived for the 180 days before filing, or for most of that period.
- Rockland County cases belong to the Southern District of New York.
It is an unfortunate truth that an innumerable number of Americans, at some point in their lives, incur debt that they struggle to pay off. If you find yourself in this financial distress, you have the option of filing for bankruptcy at your disposal. And although this may seem like an alarming choice, bankruptcy is actually an encouraging tool to use. Follow along to understand how to start the bankruptcy process and how a proficient Rockland County bankruptcy attorney at the Law Offices of Allen A. Kolber, Esq., P.C. can be with you every step of the way.
What Forms Do I Need to Start the Bankruptcy Process in New York State?
The official forms needed to file for bankruptcy are available on the United States Courts’ website, though that is not where your case is filed. The completed petition and schedules will be filed with the clerk of the bankruptcy court for your district, which for filers in Rockland County is the United States Bankruptcy Court for the Southern District of New York. In most cases, your attorney will handle submitting the forms electronically through the court’s filing system.
Important Documentation Needed to File for Bankruptcy
- Your Social Security letters.
- Your Social Security card.
- Copies of your bills.
- Your property appraisal.
- Your property tax statement.
- Your vehicle purchase agreement.
- Proof of car insurance.
- A list of your debts and/or liabilities.
- Your credit reports.
- Employer statements.
- A valid form of photo ID.
- Your W2 forms.
- Your pay stubs.
- Your income tax returns.
- Any collection letters.
- Your checkbook register.
- Any debt settlement documentation.
Of note, it is not unusual for the bankruptcy court to ask that you fill out additional forms if special requirements are applicable to your situation and thus need to be met. Rest assured, an attorney can help ensure that you have filed and filled out all the appropriate forms correctly, and even help you in gathering them.
Which Official Forms Make Up a Bankruptcy Filing?
The documents above are needed to file. However, the official forms are a separate, numbered set.
Forms Every Individual Filer Submits
Your case opens with Form 101, the voluntary petition. With it come the Form 106 schedules, which are lettered A/B through J and cover your property, the property you claim as exempt, your secured and unsecured creditors, your leases, your codebtors, your income, and your expenses, along with a summary and a signed declaration. Form 107 is your statement of financial affairs, and Form 121 reports your Social Security number to the court under seal.
Forms That Depend on Your Chapter
Chapter 7 filers must also file Form 108, a statement of intention describing what you plan to do with property securing a debt, in addition to the Chapter 7 income form used for the means test.
Chapter 13 filers, on the other hand, submit their own income and disposable income forms, and a proposed repayment plan instead. In addition, you will also need a certificate that shows you successfully completed credit counseling prior to filing, along with the filing fee or an application to pay the fee in installments or have it waived.
How Do I Start to File for Bankruptcy in New York State?
Once all the necessary forms are gathered and filled out, and so long as you understand and approve them, an attorney will file them on your behalf.
Above all else, we will fully assess your situation and determine the bankruptcy chapter that is best for you, if any. We may even find that any means, such as a loan modification, is more suitable for you. Nevertheless, no matter which process you select, we will be by your side. Do not hesitate to pick up the phone and speak with a talented Rockland County bankruptcy attorney today.
Where Do I File for Bankruptcy in New York?
New York state has four federal bankruptcy districts, and filing in the wrong one can cost you time that you do not have. Federal venue law allows you to file where you have domicile, residence, principal place of business, or where principal assets have been located in the 180 days prior to your filing. For most people, this is the district that contains your home, though if you have recently moved, keep a second residence, or maintain a business elsewhere, this rule can matter.
Contact Our Experienced New York Firm
If you need the assistance of an experienced bankruptcy attorney, contact the team at the Law Offices of Allen A. Kolber, Esq. Our firm is ready to assist you through these difficult times so you can fight for the best possible outcome. Contact us today to schedule a consultation and discuss your options.
