CHAPTER 7 TOOLKIT

CHAPTER 7 BANKRUPTCY:

Sample of Completed Forms for John and Jane Doe

- No Business or Investments -

© Montana Legal Services Association 2011. This resource was developed with financial support from the American College of Bankruptcy and its Foundation.

Use of this resource is restricted to not-for-profit purposes. Last updated 7/2011.

SAMPLE OF COMPLETED FORMS Chapter 7 Bankruptcy Forms: No Business or Investments

IMPORTANT INFORMATION – PLEASE READ:

These forms do not constitute legal advice.

These forms do not take the place of legal advice from a bankruptcy attorney.

These forms are only an example of a basic Chapter 7 Bankruptcy filing.

These forms are not for a debtor who has owned a business in the past six months.

These forms are not for a debtor who has any investments – stocks, bonds, life insurance, retirement plans like a 401k or IRA, or educational savings plans.

If your financial situation is complicated, you should talk to an attorney.

These forms only show an example for Chapter 7 Bankruptcy, in Montana. They are not for other chapters of bankruptcy. They are not for other states.

These forms are meant to be used with MLSA’s Chapter 7 Bankruptcy Workbook. The Workbook explains the forms in full.

These forms are only an EXAMPLE with an imaginary debtor. Do not file these example pages with the court. You must fill out your own forms.

Montana Legal Services Association is not responsible for any mistakes on your bankruptcy forms.

You may qualify for help from a Bankruptcy Advocate through MLSA. Bankruptcy Advocates can answer questions and look over your forms before you file them. To apply for help through MLSA, call 1(800) 666-6899 or visit montanalawhelp.org.

If you are viewing the forms online:

Red writing is information explaining the form.

Blue writing is the sample debtor’s information.

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© Montana Legal Services Association. This resource was developed with financial support from American College of Bankruptcy and its Foundation. Use of this form is restricted to not-for-profit purposes. Last updated 7/2011.

INDEX OF OFFICIAL BANKRUPTCY FORMS

NOTE: You will not complete your forms in this order. Complete the forms in the order followed in Steps 1 – 10 of the Chapter 7 Bankruptcy Workbook.

FILING MATERIALS AND SUMMARIES

Required Lists, Schedules, Statements, and Fees (Form B 200) 1 (to be left blank) Notice to Consumer Debtor(s) Under §342(b) of the 2 Bankruptcy Code (Form B 201A) Certification of Notice to Consumer Debtor(s) under 4 §342(b) of the Bankruptcy Code (Form B 201B) The Bankruptcy Petition (Form B1) 5 Application for Waiver of Fee – Information (Form B3B) 8 Application for Waiver of Fee – Application (Form B3B) 9 Application for Waiver of Fee – Blank Orders (for Court Use 12 Only) (Form B3B) Application to Pay Fee in Installments (Form B3A) 13 Application to Pay Fee in Installments– Blank Orders 14 (for Court Use Only) (Form B3A) Exhibit D – Individual Debtor’s Statement of Compliance 15 with Credit Counseling Requirement (Form B1D) Summary of Schedules (Form B6) 17 Statistical Summary of Certain Liabilities and Related Data 18 (28 U.S.C. § 159) (Form B6) Declaration Concerning Debtor’s Schedules (Form B6) 19

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© Montana Legal Services Association. This resource was developed with financial support from American College of Bankruptcy and its Foundation. Use of this form is restricted to not-for-profit purposes. Last updated 7/2011.

INDEX OF OFFICIAL BANKRUPTCY FORMS CONTINUED SCHEDULES

Schedule A: Real Property (Form B6A) 20 Schedule B: Personal Property (Form B6B) 21 Personal Property Worksheet 24 Schedule C: Property Claimed as Exempt (Form B6C) 28 Schedule D: Creditors Holding Secured Claims 29 (Form B6D) Schedule E: Creditors Holding Unsecured Priority Claims 33 (Form B6E) Schedule F: Creditors Holding Unsecured Non-Priority 34 Claims (Form B6F) Schedule G: Executory Contracts and Unexpired Leases 36 (Form B6G) Schedule H: Codebtors (Form B6H) 37 Schedule I: Current Income of Individual Debtors (Form B6I) 38 Schedule J: Current Expenditures of Individual Debtors 39 (Form B6J)

OTHER FORMS

Statement of Financial Affairs (Form B7) 40 Statement of Social-Security Number (Form B21) 54 Chapter 7 Statement of Current Monthly Income 55 and Means-Test Calculation (Form B22A) (with Median Family Income Chart) Statement of Domestic Support Obligations 63 (Form Mont. LBF 30) 521 Declarations (no Form number) 65 Statement of Monthly Net Income (no Form number) 67 Verification of Creditor Matrix (no Form number) 68 Materials for Trustee (Form Mont. LBF 33) 70

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Waiver of Filing Fee You might be able to have your filing fee waived. This depends on your income. Look at the chart below. Find your household size. Then look at the monthly income amount listed to the right.

Number of People in Family

Total Monthly Income Must be Less Than:

1 $1361.25

2 $1838.75 3 $2316.25

4 $2793.75 5 $3271.25

6 $3748.75

7 $4226.25 8 $4703.75

For each additional person add:

$477.50

If your monthly income is less than the amount listed, you are eligible for a waiver of the filing fee. If your income is more than the amount listed, you are not eligible for a waiver. But you can still ask to make payments on the filing fee.

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(Example Creditor Matrix – Step 6)

JOHN P. DOE 1234 MAIN ST MISSOULA MT 59801 JANE M. DOE 1234 MAIN ST MISSOULA MT 59801 MAYBELLE I. DOE STREET ADDRESS CITY STATE ZIP ABC MORTGAGE CO STREET ADDRESS CITY STATE ZIP MIKE’S CARS STREET ADDRESS CITY STATE ZIP SALLY SMITH STREET ADDRESS CITY STATE ZIP MONTANA DEPARTMENT OF REVENUE STREET ADDRESS CITY STATE ZIP MISSOULA COUNTY DISTRICT COURT STREET ADDRESS CITY STATE ZIP AMERICAN FINANCIAL CO. STREET ADDRESS CITY STATE ZIP

Debtor and Joint Debtor

Secured Creditors from Schedule D

Any Co-Debtors

Priority Unsecured Creditors from Schedule E

Nonpriority Unsecured Creditors from Schedule F

(Example Creditor Matrix – Step 6)

BEST BUY STREET ADDRESS CITY STATE ZIP

XYZ COLLECTION AGENCY STREET ADDRESS CITY STATE ZIP LAKE COUNTY DISTRICT COURT STREET ADDRESS CITY STATE ZIP COUNTRYWIDE INC STREET ADDRESS CITY STATE ZIP DEANO’S TRUCK STOP STREET ADDRESS CITY STATE ZIP ZIP CHECK COLLECTORS STREET ADDRESS CITY STATE ZIP E-Z RENTAL STREET ADDRESS CITY STATE ZIP INTERNAL REVENUE SERVICE P. O. BOX 7346 PHILADELPHIA, PA 19101-7346 MONTANA DEPARTMENT OF REVENUE KIM DAVIS, BANKRUPTCY SPECIALIST P. O. BOX 7701 HELENA, MT 59604-7701

Nonpriority Unsecured Creditors from Schedule F (continued)

“Required” Agencies from Step 6

(Example Creditor Matrix – Step 6)

US TRUSTEE 301 CENTRAL AVE # 204 GREAT FALLS, MT 59401 EQUIFAX P. O. BOX 740241 ATLANTA, GA 30374 EXPERIAN P. O. BOX 9701 ALLEN, TX 75013 TRANSUNION P. O. BOX 2000 CHESTER, PA 19022 US BANKRUPTCY COURT, DISTRICT OF MONTANA ROOM 303 FEDERAL BUILDING 400 NORTH MAIN BUTTE, MT 59701-8866

“Required” Agencies from Step 6 (continued)