UNITED STATES BANKRUPTCY COURT Central District of California CHAPTER 7 PETITION FORMS November 2011 Chapter 7 Petition Package Index Chapter 7 Petition Filing Information ! Abbreviated Fee Schedule ! Order of Documents Chapter 7 Petition Forms ! Chapter 7 Individual Debtor's Statement of Intention (Official Form B8) ! Debtor’s Certification of Employment Income Pursuant to 11 U.S.C. § 521(a)(1)(B)(iv) ! Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer, if applicable (Official Form B19, page 1) ! Declaration Concerning Debtor's Schedules (Official Form B6 Declaration) ! Declaration RE: Limited Scope of Appearance Pursuant to Local Bankruptcy Rule (LBR) 2090-1 (LBR Form F 2090-1.1) ! Disclosure of Compensation of Attorney for Debtor (Official Form B203) ! Disclosure of Compensation of Bankruptcy Petition Preparer ! Exhibit "C" to Voluntary Petition (Official Form B1C) ! Exhibit D - Individual Debtor’s Statement of Compliance with Credit Counseling Requirement (Counseling usually MUST be obtained BEFORE filing, even if certificate is filed later) ! Form 6. Schedules (Official Form B6) ! Notice of Available Chapters (Official Form B201) ! Notice to Debtor by Non-Attorney “Bankruptcy Petition Preparer”, if applicable (Official Form B19, page 2) ! Schedule A - Real Property (Official Form B6A) ! Schedule B - Personal Property (Official Form B6B) ! Schedule C - Property Claimed as Exempt (Official Form B6C) ! Schedule D - Creditors Holding Secured Claims (Official Form B6D) ! Schedule E - Creditors Holding Unsecured Priority Claims (Official Form B6E) ! Schedule F - Creditors Holding Unsecured Nonpriority Claims (Official Form B6F) ! Schedule G - Executory Contracts and Unexpired Leases (Official Form B6G) ! Schedule H - Codebtors (Official Form B6H) ! Schedule I - Current Income of Individual Debtor(s) (Official Form B6I) ! Schedule J - Current Expenditures of Individual Debtor(s) (Official Form B6J) ! Statement of Current Monthly Income and Means Test Calculation (Official Form B22A) ! Statement of Financial Affairs (Official Form B7) ! Statement of Related Cases - Information required by LBR 1015-2 (LBR Form F 1015-2.1) ! Statement of Social Security-Number(s) (or Other Individual Taxpayer-Identification Number (ITIN)) (Official Form B21) ! Statement Regarding Assistance of Non-Attorney with Respect to the Filing of Bankruptcy Case ! Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data (28 U.S.C. § 159) (Official Form B6) ! Verification of Creditor Mailing List ! Voluntary Petition (Official Form B1) ABBREVIATED FEE SCHEDULE1 EFFECTIVE 11/1/11 The Bankruptcy Court will accept cash, U. S. Postal Service money orders, cashier’s checks issued by an acceptable financial institution, attorney or law firm checks (payable to the U.S. Bankruptcy Court) and American Express, Discover, MasterCard, and VISA for payment of fees. Credit card transactions must be made in person by the cardholder; however, this does not apply to electronically filed documents. The Court does not accept personal checks or credit cards from debtors to pay fees. All attorney/law firm checks must include a current pre-printed name, street address, telephone number, and California attorney bar number. Please do not send cash through the mail. The current fees for filing documents with the Bankruptcy Court are as follows: Case Reopening:2 Case Conversions: Amendments: Motions: Other: 1. 2. Chapter 7 Chapter 9 Chapter 11 Chapter 12 (Family Farmer) Chapter 13 Chapter 15 Chapter 7 Chapter 9 Chapter 11 Chapter 12 Chapter 13 Chapter 15 Chapter 7 to Chapter 13 Chapter 7 to Chapter 11 Chapter 11 to Chapter 7 Chapter 12 to Chapter 7 Chapter 13 to Chapter 11 Chapter 13 to Chapter 7 Schedules "D" "E" "F" Master Mailing List (exceptions listed in “Miscellaneous Fee Schedule”) Motion to Compel Abandonment of Property Motion to Terminate, Annul, Modify, or Condition the Automatic Stay $ 306.00 $1,046.00 $1,046.00 $ 246.00 $ 281.00 $1,046.00 $ 260.00 $ 1,000.00 $1,000.00 $ 200.00 $ 235.00 $ 1,000.00 None $ 755.00 $ 15.00 $ 60.00 $ 765.00 $ 25.00 $ 30.00 $ 30.00 $ 176.00 $ 176.00 Motion to Withdraw Reference Abstract of Judgment Appeal* Certification Complaint (Adversary Proceeding) $ 176.00 $ 9.00 $ 298.00 $ 11.00 $ 293.00 Cross-Appeal* Exemplification Filing or Indexing of Miscellaneous Paper Issuance of Out of District Subpoena Photocopies Made by Court Personnel (per page) Printed Copies from Courthouse Public Terminal (per page) Registration of Judgment from Another District Reproduction of Audio Recording (regardless of the medium) Retrieval of Archived File Returned Check Charge Search of Court Records (each name/item searched) New Petition: $ 298.00 $ 21.00 $ 46.00 $ 46.00 $ 0.50 $ 0.10 $ 46.00 $ 30.00 $ 53.00 $ 53.00 $ 30.00 Issued in accordance with 28 U.S.C. § 1930(b) and FRBP 1006. The Court collects this fee unless the reopening is to correct an administrative error or for actions related to the debtor’s discharge. * If the Court of Appeals authorizes a direct appeal, or direct cross appeal, an additional fee of $157.00 will be collected by the bankruptcy clerk. Chapter 7 November 2011 1 Order of Documents - Chapter 7 ! An original and one copy is required at the time of filing. ! Papers must be assembled into complete sets. ! Pursuant to Federal Rule of Bankruptcy Procedure (FRBP) 1007-1 and Court Manual Section 2-1(b)(3), even if certain of the schedules or statements of Official Forms B6 (Schedules A through J) and B7 (Statement of Financial Affairs) are not applicable to a debtor’s particular situation, they shall still be filed with either the notation "None" marked thereon or the applicable box checked indicating that there is nothing to report for that particular schedule or statement. ! The first set must be the signed original. ! Pursuant to Local Bankruptcy Rule (LBR) 1002-1, papers presented to the Court for filing or lodging must be on white, letter size (8-1/2 x 11 inches), single-sided, medium weight paper. 1. Petition documents shall be in the following order when filed: (A)* Statement of Social Security-Number(s) (or Other Individual Taxpayer-Identification Number (ITIN)) (required for individual debtors only, not corporations or partnerships) (If filing electronically, see Court Manual, Section 3-6(b)) (B)* Voluntary Petition (first three pages) (C) Electronic Filing Declaration (only for electronically-filed petitions) (D) Exhibit "C" to Voluntary Petition (if Exhibit "C" "yes" box is checked on page two of the Voluntary Petition) (E) Exhibit D - Individual Debtor’s Statement of Compliance with Credit Counseling Requirement (Counseling usually MUST be obtained BEFORE filing, even if certificate is filed later) (F) Corporate Resolution Authorizing Filing of the Petition (if debtor is a corporation) (G) Corporate Ownership Statement as specified by LBR 1007-4 [required for partnerships, corporations, or limited liability companies that are not a governmental unit] (H) Statement of Related Cases [required by LBR 1015-2(b)] (I) Notice of Available Chapters [required for individuals whose debts are primarily consumer debts (11 U.S.C. § 342(b)] (J) Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data (28 U.S.C. § 159) (Official Form B6) (K) Schedules A through J (for corporations, A, B, and D through H only) (L) Declaration Concerning Debtor's Schedules (Official Form B6 - Declaration) *Required at the time of filing Chapter 7 November 2011 2 (M) Statement of Financial Affairs (Official Form B7) (N) Chapter 7 Individual Debtor’s Statement of Intention (11 U.S.C. § 521(a)(2)(A)) [must be filed within 30 days from filing Petition (not required for corporations)] (Official Form B8) (O) Statement Regarding Assistance of Non-Attorney with Respect to the Filing of Bankruptcy Case (for persons not represented by an attorney) (P) Disclosure of Compensation of Bankruptcy Petition Preparer (for persons not represented by an attorney and where a bankruptcy petition preparer prepared the paperwork) (Q) Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer, if applicable (Official Form B19, page 1) (R) Notice to Debtor by Non-Attorney “Bankruptcy Petition Preparer”, if applicable (Official Form B19, page 2) (S) Disclosure of Compensation of Attorney for Debtor (for petitions of persons who are represented by legal counsel or where an attorney has prepared the paperwork) (Official Form B203) (T) Declaration Re: Limited Scope of Appearance Pursuant to LBR 2090-1 (if applicable) (U) Copies of all payment advices (pay stubs) or other evidence of payment received by the debtor from any employer within 60 days before the filing of the petition. If the debtor(s) was selfemployed or unemployed during the 60 days prior to the filing of the petition, the debtor(s) should certify this fact and use the optional form Debtor’s Certification of Employment Income Pursuant to 11 U.S.C. § 521(a)(1)(B)(iv) to do so. This form can also be used to attach payment advices (pay stubs). (V) Statement of Current Monthly Income and Means Test Calculation (Official Form B22A) (W) Verification of Creditor Mailing List [LBR 1007-1(d)] (X)* Master Mailing List (in format required by Court Manual, Section 2-3) 2. To be filed along with the petition, but as separate documents: (A) Certificate of Credit Counseling or a motion for determination by the court of any election made to Exhibit D to the petition (B) Debt Repayment Plan, if one is prepared by credit counselor (required if the debtor is an individual) (C) Computer Readable CD-ROM of Master Mailing List (required for petition with over 100 creditors) [LBR 1007-1(a)] *Required at the time of filing Chapter 7 November 2011 3 Master Mailing List Requirements Pursuant to Local Bankruptcy Rule (LBR) 1007-1, the mailing lists for new bankruptcy petitions must be submitted in the following format: 1. Typed on blank, unlined, standard white 8-1/2 x 11 inch bond paper using uppercase and lowercase letter quality characters no smaller than 10 point nor greater than 14 point in either Courier, Times New Roman, Helvetica, or Orator. 2. Typed in a single column with no letters closer than 1-1/2 inches from any edge of the paper and left justified. 3. Typed with no more than 8 name/address blocks per page. Each block must consist of no more than 4 lines total for each name/address with at least 2 blank lines in between. 4. Include a FIRST PAGE reserved only for: Debtor, Joint Debtor, Attorney for Debtor(s), Office of the United States Trustee. (See Exhibit 1.) All subsequent pages contain the remaining creditors from Schedules D, E, and F of the petition. 5. Each line must be no more than 35 characters in length including spaces. The attention line, if any, must be included on the second line of the block. DO NOT INCLUDE ACCOUNT NUMBERS. The city, state (2-letter abbreviation in capital letters only, e.g., CA), and zip code must be on the last line. Nine-digit zip codes should be separated by a hyphen. (See Exhibit 2.) 6. Contains NO PUNCTUATION, except for one comma between city and state (for example, Los Angeles, CA 90012). 7. Provide page number on the back of each page. 8. If a separate Equity Holders List is filed, it must comply with the above format requirements. 9. For petitions not electronically filed with more than 100 creditors, the printed Master Mailing List and, if applicable, the printed Equity Holders List must be submitted along with a non-returnable computer-readable CD-ROM of all entities. Technical requirements for the CD-ROM are listed in Exhibit 3. Chapter 7 November 2011 4 Exhibit 1 Example of First Page of Master Mailing List Debtor Name Mailing Address City, State (2-letter abbreviation) Zip Code Spouse of Debtor (if appropriate) Mailing Address City, State Zip Code Attorney of Debtor Mailing Address Suite Number City, State Zip Code United States Trustee Address* City, State Zip Code *See Appendix C of the Court Manual for U.S. Trustee addresses required by LBR 2002-2. Chapter 7 November 2011 5 Exhibit 2 Format for List of Creditors Acme Auto Repair 1234 S Street Los Angeles, CA 90005 Acme Hair Repair Attn Herman 1234 S Ave Los Angeles, CA 90005-0001 Acme Dental Clinic 745 Tungsten Boulevard Hollywood, CA 90027 Internal Revenue Service Address* City, State Zip Code Acme Talent Agency 421 N Copper Canyon Way Burbank, CA 91505-0002 Loans By Acme 7485 Chromium Circle Beverly Hills, CA 90210 Acme And Sons Insurance Attn D Acme 13363 Hierro Street Suite 25 Van Nuys, CA 91401 Acme Bar and Grill 114 Aluminum Alley Chatsworth, CA 91313 *See Appendix D of the Court Manual for Internal Revenue Service addresses required by LBR 2002-2(c). Chapter 7 November 2011 6 Exhibit 3 Technical Requirements for Compact Disc (CD-ROM) (100 or more creditors) For cases with more than 100 creditors that are not electronically filed, the printed creditor matrix must be submitted along with a non-returnable computer-compatible data storage media containing the names and addresses of all entities shown in Schedules D, E, and F of the petition. The media must meet the following requirements: 1. PC-compatible virus-free data storage media such as a CD-ROM. 2. Labeled with case name and number. 3. Text in ASCII-readable format. File name must be "Creditor.TXT". 4. No page breaks, miscellaneous characters, or other computer instructions are to be included in text. 5. Names and addresses of Debtor, Joint Debtor, Attorney for Debtor(s), and the Office of the United States Trustee are specifically to be excluded from CD-ROM contents but must still be submitted on the printed copy. Chapter 7 November 2011 7