Preparation of Petition and Schedules

What documents and information do I need to start the bankruptcy process?

documents for bankruptcyA Chapter 7 bankruptcy begins with the debtor(s) filing what is called a “petition” with the bankruptcy court serving the area where the individual lives or where the business debtor is organized or has its principal place of business or principal assets. In addition to the petition, the debtor must also file with the court:

  1. Schedules of Assets and Liabilities;
  2. A Schedule of Current Income and Expenditures;
  3. A Statement of Financial Affairs; and
  4. A schedule of any then-existing contracts and unexpired leases.

The debtor(s) must also provide the Trustee assigned to their case with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case, including tax returns for prior years that had not been filed when the case began. Individual debtors with primarily consumer debts have additional document filing requirements. A husband and wife may choose to file a joint petition or individual petitions.

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