Which Procedural Forms Are Necessary For Your Bankruptcy?

There are various procedures that must be followed and several bankruptcy forms that must be filed with the bankruptcy court once you consider bankruptcy as the solution to get rid of debts. After considering all the other ways for liquidating the debts, if you find this as the only way to free yourself from the problem, then you can proceed without any doubt. However, the procedure for bankruptcy is not an easy one.

Bankruptcy Law

The bankruptcy law of the United States is seen under title 11 of the United States Code, which is commonly known as the “Bankruptcy Code”. The procedural rules are found in the Federal Rules of Bankruptcy Procedure.

Free Case Evaluation Form

A decision should be taken as to file a bankruptcy petition under Chapter 7 or Chapter 13 to have a fair idea of relevant forms that are necessary. For this, you should consult an attorney who handles bankruptcy cases. In order to get such assistance, a “Free Case Evaluation form” is submitted to the attorney. There is no obligation for this. You are entitled to get free guidance from the attorney after submission of this form.

Forms Available from the Court

All necessary forms are obtained from the Administrative Office of the United States Courts. Certain forms are completed and signed by the clerk of the bankruptcy court. Those forms that are labeled “Applicable Law and Rules” are generally completed by the clerk. These are prepared by the clerk after completing the formalities and works prescribed under the Rules. Other forms have to be signed by you.

The local court should be contacted as to whether local forms are available for the purpose of filing in connection with a bankruptcy case. As most of the local courts are having such forms, this is ascertained and such forms are used.

Official Forms

The official form “Statement of Current Monthly Income and Calculations” in Bankruptcy Form B22A is completed and filed under Chapter 7. To ascertain “means test,” this form is filed. However, for the same purpose, Bankruptcy Form B22C is filed under Chapter 13. Under Chapter 7, you can avoid unsecured debts to a large extent. whereas Chapter 13 is preferred for avoiding secured debts.

Get Legal Advice

The fees of the attorney can range from $ 800 to $4000, which is in addition to the fees for filing forms. You can prefer to file the case yourself. However, it is advisable to take legal advice to avoid much hassles.

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