Chapter 9 Filing the Bankruptcy Case

• Library: Chapter 13 Bankruptcy (Nolo) (2020 Ed.)

CHAPTER 9: Filing the Bankruptcy Case

Other Documents You'll File

Credit Counseling

Your Tax Return or Transcript

Wage Stubs or Pay Advices

Paying the Filing Fee

Electronic Filing

Emergency Filing

After You File

The Automatic Stay

Property Ownership

After preparing the necessary forms and drafting your repayment plan, your attorney will file your bankruptcy case. Most people are a bit nervous at this stage, so if you are, you're not alone. What often helps is knowing what to expect next and how to handle standard procedures.

This chapter should help. This is where you'll find information about filing fees and a list of the documents the bankruptcy trustee will need. You'll also learn what happens to property immediately after you file. Finally, steps for filing an emergency bankruptcy petition are included here, just in case you need to file fast.

Other Documents You'll File

In addition to a sizable stack of official bankruptcy forms and your repayment plan, you must also submit several other papers. These are:

• your credit counseling certificate
• any repayment plan that was developed during your credit counseling session
• your most recent tax return or a transcript of the return
• proof that you've filed your tax returns for the last four years with the IRS, and
• your pay stubs or pay advices for the previous 60 days, if you were working, and
• other documents required by the facts of your case (and the trustee), such as bank and financial statements, proof of insurance, or a marital settlement agreement.

Credit Counseling

As explained in Ch. 1, almost everyone who files for bankruptcy must first attend credit counseling. This credit counseling must be received from an agency approved by the United States Trustee's Office and taken within 180 days before filing for bankruptcy. The counseling can be done by phone, online, or in person. You can obtain a list of approved counselors by visiting the website of the U.S. Trustee at www.justice.gov/ust (click on "Credit Counseling & Debtor Education"). The agencies are listed by jurisdiction, so you'll want to scroll down until you find your court. Many filers choose to use the counseling agency suggested by their attorney.

Debt Repayment Outside of Bankruptcy

Credit counseling helps filers determine whether an option other than bankruptcy would make sense. Some credit counseling agencies also provide debt repayment plan services to assist you with your financial problems. When considering them, keep in mind that credit counseling agencies do not have any special power to alter or reduce your debt obligation. They can only negotiate with your...