Filing Bankruptcy Petitions and Schedules

Jack Prot

Official forms as well as local forms are used to file for bankruptcy and include both the petition and schedules. All must be filed as completely and accurately as possible. The petition is used with all bankruptcy chapters and you are required to disclose previous bankruptcy filings, the certification of the pre filing bankruptcy course, exhibits A and C and the signature of your attorney on schedule B if one is used to prepare the petition on your behalf.

In order to actually file the petition, you must pay a filing fee but if you can not afford to do so, you may seek to pay these fees in installments by applying to the Court. A summary of schedules and statistical Summary is required. Most software for use in filing petitions automatically summarize the schedules for you.

The following information contained in schedules must also be disclosed:

Schedule A: All real property held in any capacity by the debtor, including its current value;
Schedule B: All personal property and valuations based on replacement value as of the date of filing the petition;
Schedule C: property, including its value the debtor wants to claim as exempt which will not then be considered as being property of the estate;
Schedule D: Creditors holding secured claims;
Schedule E: Creditors holding unsecured priority claims;
Schedule F: Creditors holding unsecured non priority claims;
Schedule G: Executory contracts and unexpired leases;
Schedule H: Co-debtors; (if any claims in the schedules are joint debts, the co-debtor must be identified here)
Schedule I: Current Income; (current income less deductions are disclosed, but listed annually here, list dependents)
Schedule J: Current expenses; (average monthly expenses)
Declaration concerning schedules;
Statement of financial affairs; read and answer each question carefully
Statement of Social Security number;(this is the only document to disclose the entire number)
Form 22C;

Take note that the information provided in the petition and schedules must be truthful and is sworn to under penalties of perjury.

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