Certification of Notice to Consumer Debtor(s) (Official Form B201B)
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Official Form 101Voluntary Petition for Individuals Filing for Bankruptcy page 1Official Form 101 Voluntar y Petition for Individuals Filing for Bankruptcy 12/15 The bankruptcy forms use you and Debtor 1 to refer to a debtor filing alone. A married couple may file a bankruptcy case together—called a joint case—and in joint cases, these forms use you to ask for information from both debtors. For example, if a form asks, “Do you own a car,” the answer would be yes if either debtor owns a car. When information is needed about the spouses separately, the form uses Debtor 1 and Debtor 2 to distinguish between them. In joint cases, one of the spouses must report information as Debtor 1 and the other as Debtor 2. The same person must be Debtor 1 in all of the forms. Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question. Part 1: Identify Yourself About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case): 1. Your full name Write the name that is on y our government-issued picture identification (for example, your driver’s licen se or passport). Bring y our pictur e identification to your meeting w ith the trustee. __________________________________________________ First name __________________________________________________ Middle name __________________________________________________ Last name ___________________________ Suffix (Sr., Jr., II, III) __________ ________________________________________ First name __________________________________________________ Middle name __________________________________________________ Last name ___________________________ Suffix (Sr., Jr., II, III) 2. All other names you have used in the last 8 years Include your marr ied or maiden names. __________________________________________________ First name __________________________________________________ Middle name __________________________________________________ Last name __________________________________________________ First name __________________________________________________ Middle name __________________________________________________ Last name __________ ________________________________________ First name __________________________________________________ Middle name __________________________________________________ Last name __________________________________________________ First name __________________________________________________ Middle name __________________________________________________ Last name 3. Only the last 4 digits of your Social Security number or federal Individual Taxpayer Identification number (ITIN) xxx – xx – ____ ____ ____ ____ OR 9 xx – xx – ____ ____ ____ ____ xxx – xx – ____ ____ ____ ____ OR 9 xx – xx – ____ ____ ____ ____ United States Bankruptc y Court for the: __________ District of __________ Case number ( If known ): _________________________ Chapter you are filing under: Chapter 7 Chapter 11 Chapter 12 Chapter 13 Fill in this information to identify your case: Check if this is an amended filing Debtor 1 _______________________________________________________ Case number (if known ) _____________________________________ First Name Middle Name Last Name Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 2 About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case): 4. Any business names and Employer Identification Numbers (EIN) you have used in the last 8 years Include trade na mes and doing business a s names I have not used any business names or EINs. _________________________________________________ Business name _________________________________________________ Business name ___ ___ – ___ ___ ___ ___ ___ ___ ___ EIN ___ ___ – ___ ___ ___ ___ ___ ___ ___ EIN I have not used any business names or EINs. _________________________________________________ Business name _________________________________________________ Business name ___ ___ – ___ ___ ___ ___ ___ ___ ___ EIN ___ ___ – ___ ___ ___ ___ ___ ___ ___ EIN 5. Where you live __________ _______________________________________ Number Street _________________________________________________ _________________________________________________ City State ZIP Code _________________________________________________ County If your mailing address is different from the one above, fill it in here. Note that the court will send any notices to you at this mailing address. _________________________________________________ Number Street _________________________________________________ P.O. Box _________________________________________________ City State ZIP Code If Debtor 2 lives at a different address: _________________________________________________ Number Street _________________________________________________ _________________________________________________ City State ZIP Code _________________________________________________ County If Debtor 2’s mailing address is different from yours, fill it in here. Note that the court will send any notices to this mailing address. _________________________________________________ Number Street _________________________________________________ P.O. Box _________________________________________________ City State ZIP Code 6. Why you are choosing this district to file for bankruptcy Check one: Over the last 180 days befor e filing this petition, I have lived in this district longer than in an y other district. I have another re ason. Explain. (See 28 U.S.C. § 1408.) _______________________________________ _ ___________ ____________________________ _ ___________ ____________________________ _ ___________ ____________________________ _ Check one: Over the last 180 days befor e filing this petition, I have lived in this district longer than in an y other district. I have another re ason. Explain. (See 28 U.S.C. § 1408.) _______________________________________ _ ___________ ____________________________ _ ___________ ____________________________ _ ___________ _____________________________ Debtor 1 _______________________________________________________ Case number (if known ) _____________________________________ First Name Middle Name Last Name Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 3 Part 2: Tell the Court About Your Bankruptcy Case 7. The chapter of the Bankruptcy Code you are choosing to file under Check one. (For a brief description of each, see Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy (Form 2010)). Also, go to the top of page 1 and check the appropriate box. Chapter 7 Chapter 11 Chapter 12 Chapter 13 8. How you will pay the fee I will pay the entire fee when I file my petition . Please check with the clerk’s office in your local court for more details about how you ma y pay. Typically, if you are paying the fee yourself, you may pay with cash, cashier’s c heck, or money order. If your attorney is submitting your payment on your behalf, your a ttorney may pay with a credit card or check with a pre-printed address. I need to pay the fee in installments . If you choose this option, sign and attach the Application for Individuals to Pa y The Filing Fee in Installments (Official Form 103A). I request that my fee be waived (You may request this option only if you are filing for Chapter 7. By law, a judge may, but is not required to, waive your fee, and may do so only if your income is less than 150% of the official poverty line that appl ies to your family size and you are unable to pay the fee in installments). If you choose this option, you must fill out the Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B) and file it with your petition. 9. Have you filed for bankruptcy within the last 8 years? No Yes. District __________________________ When _______________ Case number ___________________________ MM / DD / YYYY District __________________________ When _______________ Case number ___________________________ MM / DD / YYYY District __________________________ When _______________ Case number ___________________________ MM / DD / YYYY 10. Are any bankruptcy cases pending or being filed by a spouse who is not filing this case with you, or by a business partner, or by an affiliate? No Yes. Debtor _________________________________________________ Relationship to you _____________________ District __________________________ When _______________ Case number, if known____________________ MM / DD / YYYY Debtor _________________________________________________ Relationship to you _____________________ District __________________________ When _______________ Case number, if known____________________ MM / DD / YYYY 11. Do you rent your residence? No. Go to line 12. Yes. Has your landlord obtained an eviction judgment against you and do you want to stay in your residence? No. Go to line 12. Yes. Fill out Initial Statement About an Eviction Judgment Against You (Form 101A) and file it wi th this bankruptc y petition. Debtor 1 _______________________________________________________ Case number (if known ) _____________________________________ First Name Middle Name Last Name Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 4 Part 3: Report About Any Businesses You Own as a Sole Proprietor 12. Are you a sole proprietor of any full- or part-time business? A sole proprietors hip is a business y ou op erate as an individual, and is not a separate legal en tity such as a corporation, pa rtnership, or LLC. If you have more than one sole proprietorship, use a separate sheet a nd attach it to this petition. No. Go to Part 4. Yes. Name and location of business _______________________________________________________________________________________ Name of business, if any _______________________________________________________________________________________ Number Stree t _______________________________________________________________________________________ _______________________________________________ _______ __________________________ City State ZIP Code Check the appro priate box to describe your business: Health Care Business (as defined in 11 U.S.C. § 101(27A)) Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B)) Stockbroker (as defined in 11 U.S.C. § 101(53A)) Commodity Broker (as defined in 11 U.S.C. § 101(6)) None of the a bove 13. Are you filing under Chapter 11 of the Bankruptcy Code and are you a small business debtor ? For a definition of sm all business debtor , see 11 U.S.C. § 10 1(51D). If you are filing under Chapter 11, the court must know whether you are a small business debtor so that it can set appropriate deadlines. If you indicate that you are a small business debtor, you must attach your most recent balance sheet, statement of operations, cash-flow statement, and federal income tax return or if any of these documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B). No. I am not filing under Chapter 11. No. I am filing under Chapter 11, but I am NOT a small business debtor according to the definition in the Bankruptc y Code. Yes. I am filing under Chapter 11 and I am a small business debtor according to the definit ion in the Bankruptc y Code. Part 4: Report if You Own or Have Any Hazardous Property or Any Property That Needs Immediate Attention 14. Do you own or have any property that poses or is alleged to pose a threat of imminent and identifiable hazard to public health or safety? Or do you own any property that needs immediate attention? For example, do you own perishable goods, or livestock that must be fed, or a building that needs urge nt repairs? No Yes. What is the hazard? ________________________________________________________________________ __________ ______________________________________________________________ If immediate attention is needed, why is it needed? _______________________________________________ ________________________________________________________________________ Where is the property? ________________________________________________________________________ Number Street __________ ______________________________________________________________ ________________________________________ _______ ____________________ City State ZIP Code Debtor 1 _______________________________________________________ Case number (if known ) _____________________________________ First Name Middle Name Last Name Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 5 Part 5: Explain Your Efforts to Receive a Briefing About Credit Counseling 15. Tell the court whether you have received a briefing about credit counseling. The law requires that you receive a briefing about credit counseling before you file for bankruptcy. You must truthfully check one of the following choices. If you cannot do so, you are not eligible to file. If you file anyway, the court can dismiss your case, you will lose whatever filing fee you paid, and your creditors can begin collection activities again. About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case): You must check one: I received a briefing from an approved credit counseling agency within the 180 days before I filed this bankruptcy petition, and I receive d a certifica te of completion . Attach a copy of the certificate and the pa yment plan, if an y, that you developed with the agency. I received a briefing from an approved creditcounseling agency within the 180 days before I filed this bankruptcy petition, but I do not have a certifica te of completion . Within 14 days after you file this bankruptcy petitio n, you MUS T file a copy of the certificate and paymen t plan, if an y. I certify that I asked for credit counselin g services from an approved agency, but w as una ble to obtain those services during th e 7 da ys after I made my request, and exigent circumstances merit a 30-day temporary waiver of the requirem ent. To ask for a 30 -day temporary waiv er of the requirement, attach a separate sh eet explaining w hat efforts you made to obtain the briefing, wh y you were unable to obtain it before y ou filed for bankruptc y, and what exigent circumstances required you to file this case. Your case may be dismissed if the court is dissatisf ied with your reasons for not receiving a briefing before you filed for bankruptcy. If the court is satisfied with your reasons, y ou must still r eceive a briefing within 30 days after y ou file. Y ou must file a certificate from th e approved agenc y, along with a copy of the payment plan you developed, if an y. If you do not do so, y our case ma y be dismissed. An y extension of the 30-day dea dline is granted onl y for cause and is lim ited to a maximum of 15 da ys . I am not required to receive a briefing abou t credit c ounseling because of: Incapacity. I have a mental illness or a mentaldeficiency that makes me incapable of realizing or making rational decisions about finances. Disability. My physical disability causes me to be unable to p articipate in a briefing in person, by phone, or through the internet, even after I reasonably tried to do so. Active duty. I am currently on active military dut y in a military combat zone. If you believe you are not required to receive a briefing about credit counseling, you must file a motion for waiver of credit counseling with the court. You must check one: I received a briefing from an approved credit counseling agency within the 180 days before I filed this bankruptcy petition, and I receive d a certifica te of completion . Attach a copy of the certificate and the pa yment plan, if an y, that you developed with the agency. I received a briefing from an approved creditcounseling agency within the 180 days before I filed this bankruptcy petition, but I do not have a certifica te of completion . Within 14 days after you file this bankruptcy petitio n, you MUS T file a copy of the certificate and paymen t plan, if an y. I certify that I asked for credit counselin g services from an approved agency, but w as una ble to obtain those services during th e 7 da ys after I made my request, and exigent circumstances merit a 30-day temporary waiver of the requirem ent. To ask for a 30 -day temporary waiv er of the requirement, attach a separate sh eet explaining w hat efforts you made to obtain the briefing, wh y you were unable to obtain it before y ou filed for bankruptc y, and what exigent circumstances required you to file this case. Your case may be dismissed if the court is dissatisf ied with your reasons for not receiving a briefing before you filed for bankruptcy. If the court is satisfied with your reasons, yo u must still r eceive a briefing within 30 days after y ou file. Y ou must file a certificate from th e approved agenc y, along with a copy of the payment plan you developed, if an y. If you do not do so, y our case ma y be dismissed. An y extension of the 30-day dea dline is granted onl y for cause and is lim ited to a maximum of 15 da ys . I am not required to receive a briefing abou t credit c ounseling because of: Incapacity. I have a mental illness or a mentaldeficiency that makes me incapable of realizing or making rational decisions about finances. Disability. My physical disability causes me to be unable to p articipate in a briefing in person, by phone, or through the internet, even after I reasonably tried to do so. Active duty. I am currently on active military duty in a military combat zone. If you believe you are not required to receive a briefing about credit counseling, you must file a motion for waiver of credit counseling with the court. Debtor 1 _______________________________________________________ Case number (if known ) _____________________________________ First Name Middle Name Last Name Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 6 Part 6: Answer These Questions for Reporting Purposes 16. What kind of debts do you have? 16a. Are your debts primarily consumer debts? Consumer debts are defined in 11 U.S.C. § 101(8) as “incurred by an individual primarily for a personal, family, or household purpose.” No. Go to line 16b. Yes. Go to line 17 . 16b. Are your debts primarily business debts? Business debts are debts that you incurred to obtain money for a business or investment or through the operation of the business or investment. No. Go to line 16c. Yes. Go to line 17 . 16c. State the type of debts you owe that are not consumer debts or business debts. _______________________________________________________________ 17. Are you filing under Chapter 7? Do you estimate that after any exempt property is excluded and administrative expenses are paid that funds will be available for distribution to unsecured creditors? No. I am not filing under Chapter 7. Go to line 18. Yes. I am filing under Chapter 7. Do you estimate that after any exempt propert y is excluded and administrative ex penses are paid that funds will be available to distribute to unsecured creditors? No Yes 18. How many creditors do you estimate that you owe? 1-49 50-99 100-199 200-999 1,000-5,000 5,001-10,000 10,001-25,000 25,001-50,000 50,001-100,000 More than 100,000 19. How much do you estimate your assets to be worth? $0-$50,000 $50,001-$100,00 0 $100,001-$500,0 00 $500,001-$1 milli on $1,000,001 -$10 million $10,000,001-$50 million $50,000,001-$100 million $100,000,001-$500 million $500,000,001-$1 billion $1,000,000,001-$10 billion $10,000,000,001-$50 billion More than $50 billion 20. How much do you estimate your liabilities to be? $0-$50,000 $50,001-$100,00 0 $100,001-$500,0 00 $500,001-$1 milli on $1,000,001 -$10 million $10,000,001-$50 million $50,000,001-$100 million $100,000,001-$500 million $500,000,001-$1 billion $1,000,000,001-$10 billion $10,000,000,001-$50 billion More than $50 billion Part 7: Sign Below For you I have examined this petition, and I declare under penalty of perjury that the information provided is true and correct. If I have chosen to file under Chapter 7, I am aware that I may proceed, if eligible, under Chapter 7, 11,12, or 13 of title 11, United States Code. I understand the relief available under each chapt er, and I choose to proceed under Chapter 7. If no attorney represents me and I did not pay or agree to pay someone who is not an attorney to help me fill out this document, I have obtained and read the notice required by 11 U.S.C. § 342(b). I request relief in accordance with the chapter of title 11, United States Code, specified in this petition. I understand making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to $250,000, or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571. ______________________________________________ _____________________________ Signature of Debtor 1 Signature of Debtor 2 Executed on _________________ Executed on __________________ MM / DD / YYYY MM / DD / YYYY Debtor 1 _______________________________________________________ Case number (if known ) _____________________________________ First Name Middle Name Last Name Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 7 For your attorney, if you are represented by one If you are not represented by an attorney, you do not need to file this page. I, the attorney for the debtor(s) named in this petition, declare that I have informed the debtor(s) about eligibility to proceed under Chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief available under each chapter for which the person is eligible. I also certify that I have delivered to the debtor(s) the notice required by 11 U.S.C. § 342(b) and, in a case in which § 707(b)(4)(D) applies, certify that I have no knowledge after an inquiry that the information in t he schedules filed with the petition is incorrect. _________________________________ Date _________________ Signature of Attorney for Debtor MM / DD / YYYY _________________________________________________________________________________________________ Printed name _________________________________________________________________________________________________ Firm name _________________________________________________________________________________________________ Number Street _________________________________________________________________________________________________ ______________________________________________________ ____________ ______________________________ City State ZIP Code Contact phone _____________________________________ Email address ______________________________ ______________________________________________________ ____________ Bar number State Debtor 1 _______________________________________________________ Case number (if known ) _____________________________________ First Name Middle Name Last Name Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 8 For you if you are filing this bankruptcy without an attorney If you are represented by an attorney, you do not need to file this page. The law allows you, as an individual, to represent yourself in bankruptcy court, but you should understand that many people find it extremely difficult to represent themselves successfully. Becau se bankruptcy has long-term financial and legal consequences, you are strongly urged to hire a qualified attorney. To be successful, you must correctly file and handl e your bankruptcy case. The rules are very technical, and a mistake or inaction may affect your rights. For example, your case may be dismissed because you did not file a required do cument, pay a fee on time, attend a meeting or hearing, or cooperate with the court, case trustee, U.S. trustee, bankruptcy administrator, or audit firm if your case is selected for audit. If that happens, you could lose your right to file another case, or you may lose protections, includ ing the benefit of the automatic stay. You must list all your property and debts in the sc hedules that you are required to file with the court. Even if you plan to pay a particular debt out side of your bankruptcy, you must list that debt in your schedules. If you do not list a debt, the debt may not be discharged. If you do not list property or properly claim it as exempt, you may not be able to keep the property. The judge can also deny you a discharge of all your debts if you do something dishonest in your bankruptcy case, such as destroying or hiding property, falsif ying records, or lying. Individual bankruptcy cases are randomly audited to determine if debt ors have been accurate, truthful, and complete. Bankruptcy fraud is a serious crime; you could be fined and imprisoned. If you decide to file without an attorney, the court expects you to follow the rules as if you had hired an attorney. The court will not treat you differently because you are filing for yourself. To be successful, you must be familiar with the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local rules of the cour t in which your case is filed. You must also be familiar with any state exemption laws that apply. Are you aware that filing for bankruptcy is a serious action with long-term financial and legal consequences? No Yes Are you aware that bankruptcy fraud is a serious crime and that if your bankruptcy forms are inaccurate or incomplete, you could be fined or imprisoned? No Yes Did you pay or agree to pay someone who is not an attorney to help you fill out your bankruptcy forms? No Yes. Name of Person _____________________________________________________________________. Attach Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119). By signing here, I acknowledge that I understand the risks involved in filing without an attorney. I have read and understood this notice, and I am awar e that filing a bankruptcy case without an attorney may cause me to lose my rights or property if I do not properly handle the case. _______________________________________________ ______________________________ Signature of Debtor 1 Signature of Debtor 2 Date _________________ Date _________________ MM / DD / YYYY MM / DD / YYYY Contact phone ______________________________________ Contact phone ________________________________ Cell phone ______________________________________ Cell phone ________________________________ Email address ______________________________________ Email address ________________________________Relevant article from our knowledge database
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