post-filing chapter 7 checklist - public counsel - power of pro
TRANSCRIPT
POST-FILING CHAPTER 7 CHECKLIST
After you file your Chapter 7 case, there are several things you will
have to do before you can receive a discharge:
1. Send a copy of your most recently filed federal tax returns to
your Chapter 7 trustee. This must be done as soon as you file your
case. Do NOT send your taxes to the bankruptcy court. Please
refer to the attached sample court notice to see where to find
the name and address of the trustee in your case.
2. If you did not file income taxes last year, or have not filed taxes
in many years, you should complete a declaration similar to the
attached sample declaration, and send it to the trustee.
3. Complete a course in personal financial management and receive a
certificate of completion. A list of financial management course
providers is attached.
4. File your certificate from the personal financial management
course, along with Form B23, with the bankruptcy court. A blank
Form B23 is attached. Do NOT give these forms to your
Chapter 7 trustee. This must be done before your 341(a) hearing.
5. Attend your 341(a) hearing.
6. Attend your reaffirmation hearing, if you are reaffirming a debt.
For more information, call the Debtor Assistance Project at (213) 385-2977, ext.704.
Send copy of taxes to Chapter 7 trustee listed here
Today’s Date
Trustee Name
Chapter 7 Trustee
Trustee Address
In re: Duck, Donald
Case Number: (Case Number)
341(a) Hearing Date: (Date of Hearing)
Dear Trustee (Last Name of Trustee):
Enclosed please find my declaration which explains why I have not filed
taxes, and therefore am unable to provide you with a copy of my most
recently filed tax returns as required by 11 U.S.C. 521(e)(2)(A).
Please feel free to contact me if you have any questions or concerns. I
can be reached at (123) 456-7890 or (234) 567-8901. You may also
contact me via email at [email protected].
Sincerely,
(Your signature)
Please be aware that you need to check with a tax professional
regarding whether you are excused from filing taxes. We will not
be providing you advice on tax matters.
DECLARATION OF DONALD DUCK
In re: DONALD DUCK
Bankruptcy Case Number: 2:09:BK-12345-YY
I, DONALD DUCK, declare as follows:
I am the debtor in the above referenced bankruptcy case.
I have not filed taxes since (insert year).
In (insert year), I earned income less than ($ insert amount)
and was not required to file tax returns for that year.
I declare under penalty of perjury that the foregoing is true
and correct. I executed this document on the (insert date),
in (insert city), California.
(Your signature)
Donald Duck
Please be aware that you need to check with a tax professional
regarding whether you are excused from filing taxes. We will not
be providing you advice on tax matters.
List of Credit Counseling Agencies Approved by the U.S. Trustee for the Central District of California
Please note: Internet courses are generally less expensive than phone, mail, or in-person courses
CREDIT COUNSELING CERTIFICATE (PRE-FILING ONLY)
Consumer Bankruptcy Counseling • consumerbankruptcycounseling.info Internet counseling ONLY • $5 cost for certificate
Abacus Credit Counseling • 800-516-3834 • abacuscc.org Phone and Internet counseling • Fee waiver available if you qualify
Cricket Debt Counseling • 866-719-0400 • cricketdebt.com Phone and Internet counseling • Fee waiver available if you qualify
CREDIT COUNSELING & DEBTOR EDUCATION CERTIFICATE (PRE/POST-FILING)
Debt Helper • 800-920-2262 • debthelper.com/bkonline Phone and Internet counseling • Fee waiver available if you qualify
DebtorWise • 800-870-2222 • debtorwise.org Phone and Internet counseling • Fee waiver available if you qualify
Springboard • 800-431-8456 • credit.org Phone and Internet counseling • Fee waiver available if you qualify
NovaDebt • 877-892-4557 (pre-filing) • 866-254-2660 (post-filing) • novadebt.org In-person, phone, and Internet counseling • Fee waiver available if you qualify
GreenPath Debt Solutions • 800-860-4220 • greenpathbk.com Phone and Internet counseling • Fee waiver available if you qualify
Clearpoint Credit Counseling Solutions • 877-412-2227 • bydesignsolutions.org In-person, phone, and Internet counseling • Fee waiver available if you qualify
DEBTOR EDUCATION CERTIFICATE ONLY (POST-FILING)
Sage Personal Finance • 800-516-2759 • sagepf.com Phone and Internet counseling • Free if you received a filing fee waiver from the court
123Debtor • 123debtor.com Internet counseling ONLY • Free if you received a filing fee waiver from the court
BE Adviser • beadviser.com Internet counseling ONLY • Free if you received a filing fee waiver from the court
Updated 3/23/2012
B 23 (Official Form 23) (12/10)
UNITED STATES BANKRUPTCY COURT__________ District of __________
In re ______________________________________, Case No.___________________ Debtor
Chapter ___________
DEBTOR’S CERTIFICATION OF COMPLETION OF POSTPETITION INSTRUCTIONALCOURSE CONCERNING PERSONAL FINANCIAL MANAGEMENT
Every individual debtor in a chapter 7, chapter 11 in which § 1141(d)(3) applies, or chapter 13 case must file thiscertification. If a joint petition is filed, each spouse must complete and file a separate certification. Complete one of thefollowing statements and file by the deadline stated below:
’ I, ___________________________________________________, the debtor in the above-styled case, hereby (Printed Name of Debtor)certify that on _______________________ (Date), I completed an instructional course in personal financial management
provided by ___________________________________________________________, an approved personal financial (Name of Provider)
management provider.
Certificate No. (if any):_________________________________.
’ I, ___________________________________________________, the debtor in the above-styled case, hereby (Printed Name of Debtor)certify that no personal financial management course is required because of [Check the appropriate box.]:
’ Incapacity or disability, as defined in 11 U.S.C. § 109(h);’ Active military duty in a military combat zone; or’ Residence in a district in which the United States trustee (or bankruptcy administrator) has determined that
the approved instructional courses are not adequate at this time to serve the additional individuals who would otherwisebe required to complete such courses.
Signature of Debtor: _____________________________________
Date: _____________
_______________________________________________________________________________________________
Instructions: Use this form only to certify whether you completed a course in personal financial management. (Fed. R.Bankr. P. 1007(b)(7).) Do NOT use this form to file the certificate given to you by your prepetition credit counselingprovider and do NOT include with the petition when filing your case.
Filing Deadlines: In a chapter 7 case, file within 60 days of the first date set for the meeting of creditors under § 341 of the Bankruptcy Code. In a chapter 11 or 13 case, file no later than the last payment made by the debtor as requiredby the plan or the filing of a motion for a discharge under § 1141(d)(5)(B) or § 1328(b) of the Code. (See Fed. R. Bankr. P.1007(c).)