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other forms; they may be from a different court or may be old forms that cannot be used in this court since they have been replaced by updated versions.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.
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.
- Chapter 11 Petition Package (Individual Debtors) Instructions for Individuals
- Chapter 11 Petition Package (Non-Individual Debtors) Instructions for Non-Individuals
- Disclosure of Compensation of Attorney for Debtor (B2030)
- Disclosure of Compensation of Bankruptcy Petition Preparer (B2800)
- Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (B119)
- Declaration Regarding Payment Advices (LF-10)
- 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).
Please view the Filing Fees and Acceptable Forms of Payment page for more information on the requirements, forms, and types of payments available.
After Filing A Bankruptcy Petition
Each debtor, including both spouses in a joint case, must complete a Financial Management Course. Completion of the course is a condition for the debtor to obtain a Discharge.