Free Chapter 7 - New York

Rev. 12/08

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK Voluntary Chapter 7 Case of Individual Debtor ­ Requirements
____ Filing Fee: $299.00 [this includes a $39 administrative fee and a $15 trustee surcharge].
­ File Official Form 3A if debtor seeks to pay by installments. ­ File Official Form 3B if debtor seeks a waiver of the fee (in forma pauperis) [to be eligible for a waiver, the debtor's income must be less than 150% of the official poverty line; on the court's website ­ www.nysb.uscourts.gov ­ there is a link to official poverty line data]. ­ Fees can be paid by money order or certified check (no personal checks). In Manhattan and Poughkeepsie (but not in White Plains), fees can also be paid with cash in the exact amount (the clerk's office is unable to make change).

____ Voluntary Petition (Official Form 1).
­ Before filing, check the last four digits of the debtor's social security number (appearing on the petition) to ensure accuracy.

____ List of Creditors [include name and complete address for each listing].
­ Debtor must file list of creditors with the petition and such list must include those listed (or to be listed) on Schedule G (Executory Contract and Unexpired Leases) and Schedule H (Codebtors).

____ Statement of Social Security Number (Official Form 21).
­ Required for all individual debtors. ­ Before filing, check the accuracy of the social security number appearing on the form. ­ File paper original with the petition, but do not include on the diskette with the other documents (since this form should not appear on the electronic docket).

____ Notice to Individual Debtor with Primarily Consumer Debts under 11 U.S.C. § 342(b) (Form B 201).
­ Certificate of Debtor (appearing at end of the notice) must be filed with the petition (where the debtor did not retain the
services of an attorney or bankruptcy petition preparer). [US Trustee, on motion, can request dismissal if this certificate is not filed within 15 days from the date of filing of the petition.] ­ Certificate of Bankruptcy Petition Preparer (appearing toward the end of the notice) must be filed with the petition (where the debtor retained the services of a bankruptcy petition preparer).

____ Certificate of Credit Counseling and Debt Repayment Plan.
­ All individual debtors are required to undergo credit counseling from an agency approved by the US Trustee for this federal judicial district [Southern District of New York] within 180 days prior to filing the petition; to view the list of approved agencies for this district, a link to the US Trustee's website can be accessed from the court's website, www.nysb.uscourts.gov. ­ When filing the certificate furnished by the credit counseling agency, the debtor must also file a copy of any debt repayment plan created as part of credit counseling.

____ Exhibit D.
­ At the time of case filing, the debtor must file (with the voluntary petition) a signed, completed Exhibit D, "Individual Debtor's Statement of Compliance with Credit Counseling Requirement"; in a joint case, each debtor must file a separate Exhibit D. ­ Depending on how the debtor completes Exhibit D, the credit counseling certificate is due either at the time of case filing OR 15 days from the date of case filing (see Exhibit D). ­ As indicated on Exhibit D, the debtor must make a separate written request when asking the court for the following form of relief: Request for Court Determination of Waiver Due to Incapacity, Disability or Active Military Duty in a Combat Zone [Section 109(h)(4)].

____ Statement of Current Monthly Income and Means Test Calculation (Official Form 22A).
­ Required for all individual debtors. ­ Must be filed with the petition or within 15 days from the date of filing. ­ Before filing, debtors should make sure that they have placed a check in one of the two boxes appearing in the upper, right-hand corner of the form's first page (indicating that the "presumption arises" or that the "presumption does not arise").

____ Schedules (Official Form 6).
­ Individual debtors must file all parts: Summary of Schedules, Statistical Summary of Certain Liabilities and Related Data (28 U.S.C. § 159) and Schedules A through J, including the schedules of assets and liabilities, the schedule of executory contracts and unexpired leases, and the schedules of current income and expenditures. ­ Must be filed with the petition or within 15 days from the date of filing.

____ Statement of Financial Affairs (Official Form 7).
­ Must be filed with the petition or within 15 days from the date of filing.

____ Chapter 7 Individual Debtor's Statement of Intention (Official Form 8).
­ Required ONLY if the individual debtor's schedules of assets and liabilities contain debts secured by property of the estate or personal property subject to an unexpired lease. ­ Must be filed within 30 days of the filing of the petition or by the date first set for the section 341(a) meeting of creditors, whichever is earlier.

____ Record of any Interest in an Education IRA.
­ In addition to completing line 11 of Schedule B, the debtor must separately file a record of any interest in an education individual retirement account (Education IRA). ­ Must be filed with the petition or within 15 days from the date of filing. ­ The debtor should redact his or her social security number prior to filing (delete or block first five digits).

____ Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer [if the debtor retained the
services of a bankruptcy petition preparer]. ­ Official Form 19 must be filed with any petition prepared by a bankruptcy petition preparer.

____ Statement Disclosing Compensation Paid or To Be Paid to a Bankruptcy Petition Preparer.
­ Must be filed with any petition prepared by a bankruptcy petition preparer.

____ Statement Disclosing Compensation Paid or To Be Paid to the Attorney for the Debtor.
­ Must be filed within 15 days or any other date set by the court.

____ After Filing: Debtor Must Complete Course in Personal Financial Management.
­ All individual debtors in cases under chapters 7 and 13 are required to complete this course from a course provider approved by the US Trustee for this federal judicial district [Southern District of New York]; to view the list of approved course providers for this district, a link to the US Trustee's website can be accessed from the court's website, www.nysb.uscourts.gov. ­ After completing the course, the debtor must file Official Form 23 ("Debtor's Certification of Completion of Instructional Course Concerning Financial Management") within 45 days after the first date set for the section 341(a) meeting of creditors. In a joint case, each debtor must file a separate Official Form 23.

____ Where, Prior to Filing, Landlord Obtained Judgment for Eviction from Residential Lease.
­ Debtor must complete bottom portion of the second page of the Voluntary Petition (Official Form 1). ­ Debtor should obtain separate instructions from the clerk's office.

NOTE: Payment Advices or Other Evidence of Payment ­ Pursuant to General Order M-315 (signed 12/08/05), individual debtors in chapter 7 cases must provide the chapter 7 case trustee ­ no later than the time of the meeting of creditors conducted pursuant to 11 U.S.C. § 341(a) ­ copies of payment advices or other evidence of payment received by the debtor from any employer within 60 days before the date of the filing of the petition. Do not file payment advices with the Court.

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