Filing a Chapter 11 Case
PLEASE NOTE: An attorney is needed for non-individual cases. Because there are many complicated issues that may come up in a bankruptcy case, individuals may wish to hire an attorney who is allowed to practice in this bankruptcy court. If you do choose to represent yourself as a pro se filer and go through the bankruptcy case without a lawyer, you must follow all federal and local court laws and requirements and use the federal and local required forms that are available from the clerk’s office or the court’s web site for filing documents. DO NOT use any other forms; they may be from a different court or may be old forms that cannot be used in this court since they have been replaced by updated versions.
The judges, judges’ staff, clerk, or clerk’s staff are not permitted to provide legal advice or speak with you in an ex parte communication (which means without the other side present).
Prior to Filing a Bankruptcy Petition:
Individual debtors MUST complete a credit counseling course from an approved credit counseling agency, prior to filing bankruptcy. This requirement, along with any exceptions that may apply, are explained in this clerk’s notice: “STOP & READ BEFORE FILING” (Spanish) (Creole). A list of approved Credit Counseling Agencies can be located on the U.S. Trustee’s website at www.justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm
Photo Identification Requirement for Pro Se Petitions:
Debtors who are not represented by an attorney must present current official government photo identification at the time the petition is presented for filing. [See the clerk’s public notice “New Photo Identification Requirement for Debtors Filing a Petition Without Attorney Representation Effective August 1, 2011” ].
Required Documents For Filing a Chapter 11 Case:
Documents should be printed on 8½ X 11 inch paper and on one side of the paper only. The original, signed documents are to be filed with the Court.
- Voluntary Petition
- Initial Statement About an Eviction Judgement Against You (101A) – [Committee Notes]
- Attachment to Voluntary Petition for Non-Individuals Filing for Bankruptcy Under Chapter 11 (201A) (if applicable)
- List of Creditors who Have the 20 Largest Unsecured Claims Against You and are Not Insiders
- Summary of Assets and Liabilities
- Schedule A/B – Property
- Schedule C – Property Claimed as Exempt (106C) for Individual Cases Only – [Instructions] – [Committe Notes]
- Schedule D – Creditors Holding Secured Claims
- Schedule E/F – Creditors Holding Unsecured Claims
- Schedule G – Executory Contracts and Unexpired Leases
- Schedule H – Codebtors
- Schedule I – Current Income of Individual Debtor(s) (106I) For Individual Cases Only – [Instructions] – [Committee Notes]
- Schedule J – Current Expenditures of Individual Debtor(s)
- Declaration Concerning Debtor’s Schedules
- Statement of Financial Affairs
- Chapter 11 Statement of Current Monthly Income (122B) – [Instructions] – [Committee Notes]
- Statement of Social-Security Number(s) (121) for Individual Cases Only (Note this document will not be placed in public records) – [Committee Notes]
- Mailing matrix (see Clerk’s Instructions on Preparing, Submitting, and Obtaining Service Matrices (CI-3)
- Disclosure of Compensation of Attorney for Debtor (2030)
- Disclosure of Compensation of Bankruptcy Petition Preparer (2800)
- Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (119) (if applicable) – [Committee Notes]
- Declaration Regarding Payment Advices (LF-10) For Individual Cases Only
- Chapter 11 Plan and Disclosure Statement
- Corporate Ownership Statement (as required by Bankruptcy Rule 1007(a)(1) and Local Rule 1002-1(A)(2). Please note Local Rule 1002-1(A)(2) definition of parties falling under the classification of “corporation” required to file this statement.
- Debtor’s Notice of Filing Payroll and Sales Tax Reports (LF-78)
- Chapter 11 Case Management Summary (LF-93) as required under Local Rule 2081-1(B).
- If applicable, Periodic Report Regarding Value, Operations and Profitability of Entities in which the Estate of [Name of Debtor] Holds a Substantial or Controlling Interest (B26).
- If debtor is a small business, as required by 11 U.S.C. §1116(1), debtors’ most recent balance sheet, statement of operations, cash-flow statement, and Federal income tax return; or a statement made under penalty of perjury that no balance sheet, statement of operations, or cash-flow statement has been prepared and no Federal tax return has been filed. For individual debtors only, the tax return will be docketed as a non public “restricted” documents and requests for copies must comply with Local Rules 1007-1(F) and Rule 5005-1(A)(2)(c).
Filing Fees And Acceptable Methods Of Payment:
Please view the Clerk’s Summary of Fees for current filing fee. Payment must be made in the form of a money order, cashier’s check (no personal checks accepted) or if filing in person, exact cash. (NOTE: The clerk’s office cannot accept foreign currency and does not provide change).
Application to Pay Filing Fee in Installments (LF-03) – If the full filing fee cannot be paid at the time of filing the petition, an application can be filed, with the petition package, requesting the fee be paid in payments. Only individual debtors (including joint petitions filed by a husband and wife) may apply to pay the filing fee in installments. A minimum installment payment of one half the filing fee at the time of filing of the petition is required. [See Local Rule 1006-1.] The clerk will not accept a voluntary petition presented for filing by a debtor seeking to pay filing fee in installments if filing fees remain due from any previous case filed by that debtor unless the application is accompanied by payment of all previously due fees. [See Local Rules 1002-1(B)(1)(b) and 1006-1(A).]
After Filing A Bankruptcy Petition:
Each Individual debtor, including both spouses in a joint case, must complete a Financial Management Course and promptly file Official Bankruptcy Form “Certification About a Financial Management Course (423)” and/or “Certificate of Debtor Education,” which is provided by an approved personal financial management counselor. Completion of the course is a condition for the debtor to obtain a Discharge. A list of approved debtor education course providers can be obtained from the U.S. Trustee’s website at www.justice.gov/ust/eo/bapcpa/ccde/de_approved.htm. The debtor must also file the Local Form “Notice of Deadline to Object to Debtor’s Statements RE: 11 U.S.C. § 522(q)(1) Applicability, Payment of Domestic Support Obligations and [For Chapter 11 Cases Only] Applicability of Financial Management Course and Statement Regarding Eligibility to Receive a Discharge (LF-01)” as required by Local Rules 3022-1(B) and 4004-3(A)(9).