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Voluntary Petition (Exhibits Attached) Form. This is a Official Federal Forms form and can be use in General Bankruptcy.
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Tags: Voluntary Petition (Exhibits Attached), B1, Official Federal Forms Bankruptcy, General
B1 (Official Form 1) (12/11)
United States Bankruptcy Court
_________________DISTRICT OF __________________
Voluntary Petition
Name of Debtor (if individual, enter Last, First, Middle):
Name of Joint Debtor (Spouse) (Last, First, Middle):
All Other Names used by the Debtor in the last 8 years
(include married, maiden, and trade names):
All Other Names used by the Joint Debtor in the last 8 years
(include married, maiden, and trade names):
Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN
(if more than one, state all):
Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN
(if more than one, state all):
Street Address of Debtor (No. and Street, City, and State):
Street Address of Joint Debtor (No. and Street, City, and State):
ZIP CODE
ZIP CODE
County of Residence or of the Principal Place of Business:
County of Residence or of the Principal Place of Business:
Mailing Address of Debtor (if different from street address):
Mailing Address of Joint Debtor (if different from street address):
ZIP CODE
Location of Principal Assets of Business Debtor (if different from street address above):
Type of Debtor
(Form of Organization)
(Check one box.)
ZIP CODE
ZIP CODE
Chapter of Bankruptcy Code Under Which
the Petition is Filed (Check one box.)
Nature of Business
(Check one box.)
Individual (includes Joint Debtors)
See Exhibit D on page 2 of this form.
Corporation (includes LLC and LLP)
Partnership
Other (If debtor is not one of the above entities, check
this box and state type of entity below.)
Chapter 15 Debtors
Country of debtor’s center of main interests: ___________
_______________________________________________
Each country in which a foreign proceeding by, regarding, or
against debtor is pending: ________________________
_______________________________________________
Health Care Business
Single Asset Real Estate as defined in
11 U.S.C. § 101(51B)
Railroad
Stockbroker
Commodity Broker
Clearing Bank
Other
Tax-Exempt Entity
(Check box, if applicable.)
Debtor is a tax-exempt organization
under title 26 of the United States
Code (the Internal Revenue Code).
Filing Fee (Check one box.)
Chapter 7
Chapter 9
Chapter 11
Chapter 12
Chapter 13
Chapter 15 Petition for
Recognition of a Foreign
Main Proceeding
Chapter 15 Petition for
Recognition of a Foreign
Nonmain Proceeding
Nature of Debts
(Check one box.)
Debts are primarily consumer
debts, defined in 11 U.S.C.
§ 101(8) as “incurred by an
individual primarily for a
personal, family, or
household purpose.”
Chapter 11 Debtors
Debts are
primarily
business debts.
Check one box:
Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D).
Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).
Full Filing Fee attached.
Filing Fee to be paid in installments (applicable to individuals only). Must attach
signed application for the court’s consideration certifying that the debtor is
unable to pay fee except in installments. Rule 1006(b). See Official Form 3A.
Filing Fee waiver requested (applicable to chapter 7 individuals only). Must
attach signed application for the court’s consideration. See Official Form 3B.
Check if:
Debtor’s aggregate noncontingent liquidated debts (excluding debts owed to
insiders or affiliates) are less than $2,343,300 (amount subject to adjustment
on 4/01/13 and every three years thereafter).
----------------------------------Check all applicable boxes:
A plan is being filed with this petition.
Acceptances of the plan were solicited prepetition from one or more classes
of creditors, in accordance with 11 U.S.C. § 1126(b).
Statistical/Administrative Information
THIS SPACE IS FOR
COURT USE ONLY
Debtor estimates that funds will be available for distribution to unsecured creditors.
Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for
distribution to unsecured creditors.
Estimated Number of Creditors
1-49
50-99
100-199
200-999
1,0005,000
5,00110,000
10,00125,000
25,00150,000
50,001100,000
Over
100,000
$100,001 to
$500,000
$500,001
to $1
million
$1,000,001
to $10
million
$10,000,001
to $50
million
$50,000,001
to $100
million
$100,000,001
to $500
million
$500,000,001
to $1 billion
More than
$1 billion
$100,001 to
$500,000
$500,001
to $1
million
$1,000,001
to $10
million
$10,000,001
to $50
million
$50,000,001
to $100
million
$100,000,001
to $500
million
$500,000,001
to $1 billion
More than
$1 billion
Estimated Assets
$0 to
$50,000
$50,001 to
$100,000
Estimated Liabilities
$0 to
$50,000
$50,001 to
$100,000
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B1 (Official Form 1) (12/11)
Name of Debtor(s):
Voluntary Petition
(This page must be completed and filed in every case.)
All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.)
Location
Case Number:
Date Filed:
Where Filed:
Location
Case Number:
Date Filed:
Where Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet.)
Name of Debtor:
Case Number:
Date Filed:
District:
Relationship:
Page 2
Judge:
Exhibit A
Exhibit B
(To be completed if debtor is required to file periodic reports (e.g., forms 10K and
10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.)
(To be completed if debtor is an individual
whose debts are primarily consumer debts.)
I, the attorney for the petitioner named in the foregoing petition, declare that I
have informed the petitioner that [he or she] may proceed under chapter 7, 11,
12, or 13 of title 11, United States Code, and have explained the relief
available under each such chapter. I further certify that I have delivered to the
debtor the notice required by 11 U.S.C. § 342(b).
Exhibit A is attached and made a part of this petition.
X
Signature of Attorney for Debtor(s)
(Date)
Exhibit C
Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?
Yes, and Exhibit C is attached and made a part of this petition.
No.
Exhibit D
(To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)
Exhibit D, completed and signed by the debtor, is attached and made a part of this petition.
If this is a joint petition:
Exhibit D, also completed and signed by the joint debtor, is attached and made a part of this petition.
Information Regarding the Debtor - Venue
(Check any applicable box.)
Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately
preceding the date of this petition or for a longer part of such 180 days than in any other District.
There is a bankruptcy case concerning debtor’s affiliate, general partner, or partnership pending in this District.
Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or
has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in
this District, or the interests of the parties will be served in regard to the relief sought in this District.
Certification by a Debtor Who Resides as a Tenant of Residential Property
(Check all applicable boxes.)
Landlord has a judgment against the debtor for possession of debtor’s residence. (If box checked, complete the following.)
(Name of landlord that obtained judgment)
(Address of landlord)
Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the
entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and
Debtor has included with this petition the deposit with the court of any rent that would become due during the 30-day period after the
filing of the petition.
Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(l)).
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B1 (Official Form 1) (12/11)
Voluntary Petition
(This page must be completed and filed in every case.)
Page 3
Name of Debtor(s):
Signatures
Signature(s) of Debtor(s) (Individual/Joint)
Signature of a Foreign Representative
I declare under penalty of perjury that the information provided in this petition is true
and correct.
[If petitioner is an individual whose debts are primarily consumer debts and has
chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12
or 13 of title 11, United States Code, understand the relief available under each such
chapter, and choose to proceed under chapter 7.
[If no attorney represents me and no bankruptcy petition preparer signs the petition] I
have obtained and read the notice required by 11 U.S.C. § 342(b).
I declare under penalty of perjury that the information provided in this petition is true
and correct, that I am the foreign representative of a debtor in a foreign proceeding,
and that I am authorized to file this petition.
(Check only one box.)
I request relief in accordance with chapter 15 of title 11, United States Code.
Certified copies of the documents required by 11 U.S.C. § 1515 are attached.
Pursuant to 11 U.S.C. § 1511, I request relief in accordance with the
chapter of title 11 specified in this petition. A certified copy of the
order granting recognition of the foreign main proceeding is attached.
I request relief in accordance with the chapter of title 11, United States Code,
specified in this petition.
X
X
Signature of Debtor
(Signature of Foreign Representative)
Signature of Joint Debtor
(Printed Name of Foreign Representative)
X
Telephone Number (if not represented by attorney)
Date
Date
Signature of Attorney*
X
Signature of Attorney for Debtor(s)
Printed Name of Attorney for Debtor(s)
Firm Name
Address
Signature of Non-Attorney Bankruptcy Petition Preparer
I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as
defined in 11 U.S.C. § 110; (2) I prepared this document for compensation and have
provided the debtor with a copy of this document and the notices and information
required under 11 U.S.C. §§ 110(b), 110(h), and 342(b); and, (3) if rules or
guidelines have been promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum
fee for services chargeable by bankruptcy petition preparers, I have given the debtor
notice of the maximum amount before preparing any document for filing for a debtor
or accepting any fee from the debtor, as required in that section. Official Form 19 is
attached.
Telephone Number
Printed Name and title, if any, of Bankruptcy Petition Preparer
Date
Social-Security number (If the bankruptcy petition preparer is not an individual,
state the Social-Security number of the officer, principal, responsible person or
partner of the bankruptcy petition preparer.) (Required by 11 U.S.C. § 110.)
*In a case in which § 707(b)(4)(D) applies, this signature also constitutes a
certification that the attorney has no knowledge after an inquiry that the information
in the schedules is incorrect.
Address
Signature of Debtor (Corporation/Partnership)
I declare under penalty of perjury that the information provided in this petition is true
and correct, and that I have been authorized to file this petition on behalf of the
debtor.
X
Date
The debtor requests the relief in accordance with the chapter of title 11, United States
Code, specified in this petition.
X
Signature of Authorized Individual
Printed Name of Authorized Individual
Title of Authorized Individual
Date
Signature of bankruptcy petition preparer or officer, principal, responsible person, or
partner whose Social-Security number is provided above.
Names and Social-Security numbers of all other individuals who prepared or assisted
in preparing this document unless the bankruptcy petition preparer is not an
individual.
If more than one person prepared this document, attach additional sheets conforming
to the appropriate official form for each person.
A bankruptcy petition preparer’s failure to comply with the provisions of title 11 and
the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or
both. 11 U.S.C. § 110; 18 U.S.C. § 156.
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B 1C (Official Form 1, Exhibit C) (9/01)
[If, to the best of the debtor’s knowledge, the debtor owns or has possession of property that poses or is alleged to pose a threat of
imminent and identifiable harm to the public health or safety, attach this Exhibit “C” to the petition.]
UNITED STATES BANKRUPTCY COURT
__________ District of __________
In re
,
Debtor
)
Case No.
)
)
)
Chapter
EXHIBIT “C” TO VOLUNTARY PETITION
1. Identify and briefly describe all real or personal property owned by or in possession of the debtor that, to the best of the
debtor’s knowledge, poses or is alleged to pose a threat of imminent and identifiable harm to the public health or safety (attach
additional sheets if necessary):
2. With respect to each parcel of real property or item of personal property identified in question 1, describe the nature and
location of the dangerous condition, whether environmental or otherwise, that poses or is alleged to pose a threat of imminent and
identifiable harm to the public health or safety (attach additional sheets if necessary):
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B 1A (Official Form 1, Exhibit A) (9/97)
[If debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and Exchange Commission pursuant to
Section 13 or 15(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11 of the Bankruptcy Code, this
Exhibit “A” shall be completed and attached to the petition.]
UNITED STATES BANKRUPTCY COURT
__________ District of __________
In re
,
)
Debtor
Case No.
)
)
)
Chapter 11
EXHIBIT “A” TO VOLUNTARY PETITION
1. If any of the debtor’s securities are registered under Section 12 of the Securities Exchange Act of 1934, the
SEC file number is
.
2. The following financial data is the latest available information and refers to the debtor’s condition on
.
a. Total assets
$
b. Total debts (including debts listed in 2.c., below)
$
c. Debt securities held by more than 500 holders:
Approximate
number of
holders:
secured
unsecured
subordinated
$
secured
unsecured
subordinated
$
secured
unsecured
subordinated
$
secured
unsecured
subordinated
$
secured
unsecured
subordinated
$
d. Number of shares of preferred stock
e. Number of shares common stock
Comments, if any:
3. Brief description of debtor’s business:
4. List the names of any person who directly or indirectly owns, controls, or holds, with power to vote, 5% or
more of the voting securities of debtor:
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B 1D (Official Form 1, Exhibit D) (12/09)
UNITED STATES BANKRUPTCY COURT
__________ District of __________
In re__________________________
Debtor
Case No._____________
(if known)
EXHIBIT D - INDIVIDUAL DEBTOR’S STATEMENT OF COMPLIANCE WITH
CREDIT COUNSELING REQUIREMENT
Warning: You must be able to check truthfully one of the five statements regarding
credit counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy
case, and the court can dismiss any case you do file. If that happens, you will lose whatever
filing fee you paid, and your creditors will be able to resume collection activities against
you. If your case is dismissed and you file another bankruptcy case later, you may be
required to pay a second filing fee and you may have to take extra steps to stop creditors’
collection activities.
Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse
must complete and file a separate Exhibit D. Check one of the five statements below and attach
any documents as directed.
’ 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing
from a credit counseling agency approved by the United States trustee or bankruptcy
administrator that outlined the opportunities for available credit counseling and assisted me in
performing a related budget analysis, and I have a certificate from the agency describing the
services provided to me. Attach a copy of the certificate and a copy of any debt repayment plan
developed through the agency.
’ 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing
from a credit counseling agency approved by the United States trustee or bankruptcy
administrator that outlined the opportunities for available credit counseling and assisted me in
performing a related budget analysis, but I do not have a certificate from the agency describing
the services provided to me. You must file a copy of a certificate from the agency describing the
services provided to you and a copy of any debt repayment plan developed through the agency
no later than 14 days after your bankruptcy case is filed.
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Page 2
B 1D (Official Form 1, Exh. D) (12/09) – Cont.
’ 3. I certify that I requested credit counseling services from an approved agency but
was unable to obtain the services during the seven days from the time I made my request, and the
following exigent circumstances merit a temporary waiver of the credit counseling requirement
so I can file my bankruptcy case now. [Summarize exigent circumstances here.]
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
If your certification is satisfactory to the court, you must still obtain the credit
counseling briefing within the first 30 days after you file your bankruptcy petition and
promptly file a certificate from the agency that provided the counseling, together with a
copy of any debt management plan developed through the agency. Failure to fulfill these
requirements may result in dismissal of your case. Any extension of the 30-day deadline
can be granted only for cause and is limited to a maximum of 15 days. Your case may also
be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case
without first receiving a credit counseling briefing.
’ 4. I am not required to receive a credit counseling briefing because of: [Check the
applicable statement.] [Must be accompanied by a motion for determination by the court.]
’ Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental
illness or mental deficiency so as to be incapable of realizing and making rational
decisions with respect to financial responsibilities.);
’ Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the
extent of being unable, after reasonable effort, to participate in a credit counseling
briefing in person, by telephone, or through the Internet.);
’ Active military duty in a military combat zone.
’ 5. The United States trustee or bankruptcy administrator has determined that the credit
counseling requirement of 11 U.S.C. ' 109(h) does not apply in this district.
I certify under penalty of perjury that the information provided above is true and
correct.
Signature of Debtor: ________________________
Date: _________________
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