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A chapter 7 case begins with the debtor filing 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.
Individuals may file Chapter 7 or Chapter 13 bankruptcy, depending on the specifics of their situation. Municipalities—cities, towns, villages, taxing districts, municipal utilities, and school districts may file under Chapter 9 to reorganize.
Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.
eSR is an online tool to help individuals complete a Chapter 7 or Chapter 13 bankruptcy petition when they have decided to file bankruptcy without an attorney. eSR is not available to attorneys or bankruptcy petition preparers and is not designed for business or corporate bankruptcy filings.
Chapter 7 Filing Requirements. Often called the 'liquidation chapter,' Chapter 7 is used by individuals, partnerships, or corporations who have no hope for repairing their financial situation. In Chapter 7, the debtor's estate is liquidated under the rules of the Bankruptcy Code.
Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a "plan" to repay creditors over time – usually three to five years.
Notice of Chapter 7 Bankruptcy Case – No Proof of Claim Deadline Set (For Corporations or Partnerships) Meeting of Creditors Notices B 309D
Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of federal bankruptcy law. It also provides individuals who may be considering filing a bankruptcy petition with a basic explanation of the different chapters under which a bankruptcy case may be filed and ...
The United States Bankruptcy Code contains requirements that control how bankruptcy cases proceed. District of Kansas local bankruptcy rules also contain requirements that may help you prepare the documents required to file a bankruptcy case, including D. Kan. LBR 1007.1 and D. Kan. LBR 1007.2.
Day 1 to 14: File Certificate of Credit Counseling, Lists, Schedules, Statements & Payment Advices (if not already filed with petition on Day 1)