Filing bankruptcy on your own can be intimidating. The court expects pro se debtors, those without an attorney, to follow the same strict rules that attorneys follow. It’s best to familiarize yourself with the U.S. Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and the local rules of the district in which you are going to file before you begin. Bankruptcy district websites are helpful resources. However, bankruptcy clerks cannot assist with preparation of the required petition, schedules, or other forms, nor can they provide legal advice.
What to File
Voluntary Petition
The Voluntary Petition is a bankruptcy application of sorts. Through it, the court gathers pertinent information about the debtor, including contact information; type of bankruptcy declared (Chapter 7 being the most common pro se filing); number of creditors; amounts of assets and liabilities; and prior bankruptcy filings. Most importantly, the debtor(s) must sign the petition and provide a daytime contact phone number. Within 30 days of filing Chapter 7, the debtor must also file Form B8, Individual Debtor’s Statement of Intention, informing the court of how the debtor intends to deal with debt secured by property and unexpired leases.
Exhibit D to the Voluntary Petition
Particularly important to the Voluntary Petition for pro se Chapter 7 debtors is Form B1, also known as Exhibit D, the Individual Debtor’s Statement of Compliance with Credit Counseling Requirement. After completion of a credit counseling course, debtors receive a certificate from the credit counseling agency, and that certificate must be attached to Exhibit D of the voluntary petition.
Creditor Matrix
The Creditor Matrix is a list of the debtor’s creditors and mailing addresses. The bankruptcy court uses the Creditor Matrix for noticing creditors. It can be submitted to the bankruptcy court on a disk or in paper format, but each District has specific rules for how the Creditor Matrix should be formatted, what information to include, and pit falls to avoid. It is best to refer to the bankruptcy district court’s rules when preparing the Matrix.
Schedules
In addition to the Voluntary Petition and Matrix, there are Schedules A through J, which the debtor must complete and file. The schedules are lists of the assets and liabilities of the debtor, along with specific information on the debts owed to creditors. Each Schedule provides an explanation of the information requested, and not all are relevant to Chapter 7.
How to File
The voluntary petition, matrix, schedules, filing fee and any other necessary forms should be mailed or filed directly with the bankruptcy clerk in the debtor’s district.
When to Seek the Advice of an Attorney
Bankruptcy laws and rules of procedure are complicated. If you are considering filing Chapter 7 bankruptcy, it is in your best interest to consult with a qualified, bankruptcy attorney.
