Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
NoticeTo Debtor Not Represented By An Attorney Form. This is a Arizona form and can be use in Bankruptcy Court Federal.
Tags: NoticeTo Debtor Not Represented By An Attorney, Arizona Federal, Bankruptcy Court
FORM nprose (revised 12/01/16) UNITED STATES BANKRUPTCY COURT District of Arizona TUCSON DIVISION James A Walsh Courthouse 38 South Scott Avenue Tucson, AZ 85701 520-202-7500 PHOENIX DIVISION 230 N. First Ave., Suite 101 Phoenix AZ 85003-1727 602-682-4000 YUMA DIVISION John M Roll US Courthouse 98 W. First St., Suite 270 Yuma, AZ 85364 800-556-9230 NOTICE TO DEBTORS NOT REPRESENTED BY AN ATTORNEY An individual or a married couple may file a bankruptcy without being represented by an attorney. However, be advised that THE CLERK'S OFFICE CANNOT GIVE YOU LEGAL ADVICE ABOUT YOUR BANKRUPTCY. PREVIOUS BANKRUPTCY FILINGS If you had a previous case pending within the preceding year that was dismissed, you are advised that pursuant to 11 USC Section 362(c)(3), the automatic stay provided by Section 362(a) will terminate in 30 days of the filing of your petition, unless you file a motion with the court seeking a continuation of the automatic stay and the court determines that the second case was filed in good faith. If you choose to file a motion to extend the stay, please title it as an Emergency Motion. If you had two or more previous cases pending within the preceding year that were dismissed, you are advised that pursuant to 11 USC Section 362(c)(4), no automatic stay under Section 362 (a) went into effect when your petition was filed. Any party may request that the court enter an order confirming that there is no stay in effect. To obtain a stay, you must file a motion, within 30 days of the date of the filing of the petition, and demonstrate that the new case was filed in good faith. If you do file this motion, please title it as an Emergency Motion. SELF-HELP RESOURCES: ONLINE, TELEPHONE OR IN PERSON ONLINE DEBTOR HELP: www.azb.uscourts.gov/shc The person filing a bankruptcy is called the "Debtor". The Debtor Help link contains basic information a debtor may need to know during the bankruptcy process, including Before You File, When You File, After You File, and answers to Frequently Asked Questions. BANKRUPTCY COURT SELF HELP CENTER: On the 6th floor of the Phoenix Bankruptcy Court (Suite 6322) Open 9:00 a.m. - 4:00 p.m., Monday-Friday (1-866-553-0893 or 602-682-4007) Free service to individuals who have filed or are considering filing bankruptcy under Chapter 7 or Chapter 13 and to individual creditors in consumer bankruptcy cases. At Self Help Centers you may request free forms, view informational videos, get information from the Pro Se Law Clerk or meet with a volunteer attorney in person or on the phone. To view the volunteer attorney schedule go online: www.azb.uscourts.gov/shc. Free consultations with volunteer lawyers are by appointment, limited to 30 minutes and cannot address complex bankruptcy matters. At the Self Help Center, you can get information on bankruptcy topics such as: · Required bankruptcy forms for Chapter 7 and 13; · Reaffirmation of debts and statement of intention; · Types of debt that are generally discharged and those that are not such as student loans; · Avoiding liens while in bankruptcy; PRIVACY PROTECTION Bankruptcy files are public records and are available to the public over the Internet. It is your responsibility to redact (remove from view by crossing out) social security or taxpayer identification numbers (with the exception of the Social Security Statement); dates of birth; names of minor children; and financial account numbers. Unless otherwise required or ordered by the court, documents may include only the following: 1. the last four digits of the social-security number and taxpayer identification number; 2. the year of the individual's birth; 3. the minor child's initials; and 4. the last four digits of the financial-account number. - - - NOTICE CONTINUES ON NEXT PAGE - - - American LegalNet, Inc. www.FormsWorkFlow.com FILING FEES Filing fees are as follows: Chapter 7 - $335 and Chapter 13 - $310. If you are unable to pay the full filing fee at the time you file your petition, you may file an application to pay the filing fee in installments. A minimum payment of $50.00 is required at the time the bankruptcy is filed. You will receive an order of the court specifying the amounts of installments and when they are due. It is imperative that you make the installments as ordered. You may pay the installments in person or by mail. Cash and personal checks are not accepted. Payment must be by money order or cashier check. FAILURE TO PAY THE INSTALLMENTS AS ORDERED WILL RESULT IN YOUR CASE BEING DISMISSED. WAIVER OF CHAPTER 7 FILING FEE If you cannot afford to pay the filing in full or in installments, then you may request a waiver of the filing fee. Only a Chapter 7 filing fee may be waived. A required form of application (available at the above court locations or at the court's web site) must be completed and filed with the court. The bankruptcy judge will decide whether you have to pay the filing fee. The judge may waive the fee only if your income is less than 150 percent of the official poverty line applicable to your family size and you are unable to pay the fee in installments. You may obtain information about the poverty guidelines from our web site or at the above locations. REQUIRED DOCUMENTS FOR FILING Along with the bankruptcy petition, there are many documents that must be filed in bankruptcy. You may find a list of all the documents on the Court website or at the Self Help Center. The social security number statement and credit counseling certificate are required to be filed with the bankruptcy petition. For a list of approved credit counseling providers, go to the Court website. A master mailing list must be not later than seven days after the bankruptcy petition has been filed. This mailing list must contain the names and addresses (including zip codes) of all your creditors. In addition to the petition and master mailing list, there are schedules and a statement of financial affairs that must be filed within 14 days of filing the bankruptcy petition. If you are missing documents, you will receive a notice from the Court stating what documents you must file. FAILURE TO FILE THE REQUIRED DOCUMENTS ON TIME SHALL RESULT IN YOUR CASE BEING DISMISSED. MEETING OF CREDITORS Approximately two weeks after you have filed your bankruptcy petition, you will receive a copy of a notice for the meeting of creditors. The meeting of creditors is an opportunity for the trustee and any creditors who appear to ask you questions regarding your finan