Chapter 12 Bankruptcy Guide Step-by-Step

Document Sample
Chapter 12 Bankruptcy Guide Step-by-Step Powered By Docstoc
					Contents
Introduction-How to use this guide..................................................................................... 4
Do I need a lawyer to file bankruptcy? ............................................................................... 4
How do I find a reputable law firm? ................................................................................... 4
General FAQ ....................................................................................................................... 6
    What does Chapter 12 mean? ......................................................................................... 6
    Does a Chapter 12 mean bankruptcy liquidation? .......................................................... 6
    Who can use Chapter 12? ............................................................................................... 6
    What Types of entities can file Chapter 12? ................................................................... 7
    What is an “Automatic Stay” under Chapter 12? ........................................................... 7
Eligibility ............................................................................................................................ 8
Partnerships and Corporations ............................................................................................ 8
What are the Fees and Deadlines? ...................................................................................... 9
Filing Deadlines: ............................................................................................................... 10
Advantages vs. Disadvantages .......................................................................................... 12
Pertinent Rules and Regulations Regarding Bankruptcy .................................................. 13
FORM 1 – VOLUNTARY PETITION ............................................................................ 14
INSTRUCTIONS .............................................................................................................. 14
FORM 1 – VOLUNTARY PETITION ............................................................................ 21
EXHIBIT C TO VOLUNTARY PETITION .................................................................... 25
INSTRUCTIONS .............................................................................................................. 25
EXHIBIT C TO VOLUNTARY PETITION .................................................................... 27
SCHEDULE A –REAL PROPERTY ............................................................................... 29
INSTRUCTIONS .............................................................................................................. 29
SCHEDULE A –REAL PROPERTY ............................................................................... 31
SCHEDULE B – PERSONAL PROPERTY .................................................................... 33
INSTRUCTIONS .............................................................................................................. 33
SCHEDULE B – PERSONAL PROPERTY .................................................................... 36
SCHEDULE C – PROPERTY CLAIMED AS EXEMPT ............................................... 40
INSTRUCTIONS .............................................................................................................. 40
SCHEDULE C – PROPERTY CLAIMED AS EXEMPT ............................................... 43
SCHEDULE D – CREDITORS HOLDING SECURED CLAIMES .............................. 45
INSTRUCTIONS .............................................................................................................. 45
SCHEDULE D – CREDITORS HOLDING SECURED CLAIMES .............................. 48
SCHEDULE E – CREDITORS HOLDING UNSECURED PRIORITY CLAIMS ........ 51
INSTRUCTIONS .............................................................................................................. 51
SCHEDULE E – CREDITORS HOLDING UNSECURED PRIORITY CLAIMS ........ 54
SCHEDULE F – CREDITORS HOLDINGS UNSECURED NON-PRIORITY CLAIMS
........................................................................................................................................... 58
INSTRUCTIONS .............................................................................................................. 58
SCHEDULE F – CREDITORS HOLDINGS UNSECURED NON-PRIORITY CLAIMS
........................................................................................................................................... 61
SCHEDULE G – EXECUTORY CONTRACTS AND UNEXPIRED LEASES ............ 64
INSTRUCTIONS Docstoc Inc. Docstoc Inc. .............................................................................. 64


© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                                                 1
SCHEDULE G – EXECUTORY CONTRACTS AND UNEXPIRED LEASES ............ 66
SCHEDULE H – CO DEBTORS ..................................................................................... 68
INSTRUCTIONS .............................................................................................................. 68
SCHEDULE H – CO DEBTORS ..................................................................................... 70
SCHEDULE I – CURRENT INCOME OF INDIVIDUAL DEBTOR(S) ....................... 72
INSTRUCTIONS .............................................................................................................. 72
SCHEDULE I – CURRENT INCOME OF INDIVIDUAL DEBTOR(S) ....................... 74
SCHEDULE J – CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR(S) ......... 76
INSTRUCTIONS .............................................................................................................. 76
SCHEDULE J – CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR(S) ......... 78
DECLARATION CONVENING DEBTOR’S SCHEDULE ........................................... 80
INSTRUCTIONS .............................................................................................................. 80
DECLARATION CONVENING DEBTOR’S SCHEDULE ........................................... 82
SUMMARY OF SCHEDULE AND STATISTICAL SUMMARY OF CERTAIN
LIABILITIES .................................................................................................................... 84
INSTRUCTIONS .............................................................................................................. 84
SUMMARY OF SCHEDULE AND STATISTICAL SUMMARY OF CERTAIN
LIABILITIES .................................................................................................................... 87
FORM 3A – APPLICATION TO PAY FILING FEE IN INSTALLMENTS ................. 90
INSTRUCTIONS .............................................................................................................. 90
FORM 3A – APPLICATION TO PAY FILING FEE IN INSTALLMENTS ................. 92
FORM 7 – STATEMENT OF FINANCIAL AFFAIRS .................................................. 95
INSTRUCTIONS .............................................................................................................. 95
FORM 7 – STATEMENT OF FINANCIAL AFFAIRS .................................................. 97
FORM 16A – CAPTION ................................................................................................ 109
INSTRUCTIONS ............................................................................................................ 109
FORM 16A – CAPTION ................................................................................................ 111
FORM B20A – NOTICE OF MOTION OF OBJECTION ............................................ 113
INSTRUCTIONS ............................................................................................................ 113
FORM B20A – NOTICE OF MOTION OF OBJECTION ............................................ 116
FORM B21 – STATEMENT OF SOCIAL SECURITY NUMBER.............................. 119
INSTRUCTIONS ............................................................................................................ 119
FORM B21 – STATEMENT OF SOCIAL SECURITY NUMBER.............................. 121
FORM B22A – STATEMENT OF CURRENT MONTHLY INCOME AND MEANS
TEST CALCULATION.................................................................................................. 123
INSTRUCTIONS ............................................................................................................ 123
FORM B22A – STATEMENT OF CURRENT MONTHLY INCOME AND MEANS
TEST CALCULATION.................................................................................................. 126
FORM B23 – DEBTOR’S CERTIFICATION OF COMPLETION OF
INSTRUCTIONAL COURSE CONCERNING PERSONAL FINANCIAL
MANAGEMENT ............................................................................................................ 137
INSTRUCTIONS ............................................................................................................ 137
FORM B23 – DEBTOR’S CERTIFICATION OF COMPLETION OF
INSTRUCTIONAL COURSE CONCERNING PERSONAL FINANCIAL
MANAGEMENT ............................................................................................................ 139
FORM B201 – NOTICE TO INDIVIDUAL CONSUMER DEBTOR ......................... 141



© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                                      2
INSTRUCTIONS ............................................................................................................ 141
FORM B201 – NOTICE TO INDIVIDUAL CONSUMER DEBTOR ......................... 143
FORM B240 – REAFFIRMATION AGREEMENT ..................................................... 148
INSTRUCTIONS ............................................................................................................ 148
FORM B240 – REAFFIRMATION AGREEMENT ..................................................... 151
NOTICE OF CHANGE OF ADDRESS ......................................................................... 161
INSTRUCTIONS ............................................................................................................ 161
SUPPLEMENTAL SCHEDULE FOR PROPERTY ACQUIRED AFTER
BANKRUPTCY DISCHARGE...................................................................................... 163
INSTRUCTIONS ............................................................................................................ 163
PROOF OF SERVICE BY MAIL .................................................................................. 165
INSTRUCTIONS ............................................................................................................ 165
EXHIBIT D TO VOLUNTARY PETITION ................................................................. 167
INSTRUCTIONS ............................................................................................................ 167
EXHIBIT D TO VOLUNTARY PETITION ................................................................. 169
FORM 240B – ORDER ON REFFIRMATION AGREEMENT ................................... 172
INSTRUCTIONS ............................................................................................................ 172
FORM 240B – ORDER ON REFFIRMATION AGREEMENT ................................... 174
INSTRUCTIONS ............................................................................................................ 174
FORM 9G – NOTICE CHAPTER 12 (INDIVIDUAL / JOINT DEBTOR) .................. 176
INSTRUCTIONS ............................................................................................................ 176
FORM 9G – NOTICE CHAPTER 12 (INDIVIDUAL / JOINT DEBTOR) .................. 179
FORM 9H – NOTICE OF CHAPTER 12 (CORPORATION/PARTNERSHIP) .......... 183
INSTRUCTIONS ............................................................................................................ 183
FORM 9H – NOTICE OF CHAPTER 12 (CORPORATION/PARTNERSHIP) .......... 186
INSTRUCTIONS ............................................................................................................ 186
END .............................................................................Error! Bookmark not defined.184




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                                3
Introduction-How to use this guide

Deciding to file for bankruptcy is a one of the most important financial decisions you can
make. The purpose of this guide is to walk the user step by step through the process and
shed light on what can be a very confusing and complex process. While a lawyer is not
necessary to file bankruptcy, it can be a challenge for the layperson. This guide was
created to inform the user, but is not meant to provide legal advice.


This guide will address many of the frequently asked questions that arise in a Chapter 12
filing, as well as discuss the rules, filing fees, and timelines required. Lastly, it will
outline a step by step course of action preparing your own Chapter 12 filing.



Do I need a lawyer to file bankruptcy?

You do not need a lawyer to file a bankruptcy. All of the information and forms required
are readily available.         It should be noted, however, that the process of filing and
navigating court rules can be daunting. If a filing deadline is missed, or a major error is
made on a filing, the court will not take into consideration that you are a layperson and
without counsel. Many people successfully file their own cases every day. Completing
the forms properly and filing them in a timely manner is crucial.



How do I find a reputable law firm?

The law is a huge field and each subject is fairly vast, so find a lawyer who is well versed
in bankruptcy law. There are many resources available to find counsel in your area by
through the phone book, the internet, or even word of mouth. If you are interested in
using a particular lawyer but aren’t sure, contact the local Bar Association and see if the
lawyer is in good standing. Most lawyers will give a free initial consultation. This would




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                 4
be a good time to size up your lawyer, ask a lot of questions and get a general feel for
their knowledge in the area.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not             5
General FAQ

                                 What does Chapter 12 mean?

A Chapter 12 bankruptcy is used by a very specific type of debtor, so it is not as popular
as other types of bankruptcy filings. A Chapter 12 is designed to be filed by “family
farmers” or “family fisherman” with a regular annual income.                     It is a financial
reorganization, where the debtor has the opportunity to propose and carry out a plan to
pay all of part of their debts over a period of 3-5 years.


It was specifically created to meet the unique needs of family farming and fishing
because it removes some of the barriers that would make filing under other chapters
disadvantageous to these debtors. It is quicker and more inexpensive than filing a
Chapter 11, which is for large companies.                   A Chapter 13 is also a reorganization
however, debtors in family farming and fishing often have amounts of debt that exceed
the criteria for filing under Chapter 13.


                  Does a Chapter 12 mean bankruptcy liquidation?

No. Chapter 12 is similar to a Chapter 13 in that it is a debt reorganization, rather than a
liquidation as is the case in a Chapter 7. The debtor is therefore permitted to retain their
assets, and will repay their debts according to a repayment plan approved by the court.


                                    Who can use Chapter 12?

Chapter 12 was created to assist a small subset of the population. In 1986 this newest
type of bankruptcy was created to address the specific needs of a family-run farms and
fishing operations. There are specific criteria as to filing requirements, such as what
qualifies as a “family farm” and how much debt the operation is carrying. The specific
eligibility requirements are outlined below.



© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                       6
                       What Types of entities can file Chapter 12?

A Chapter 12 may be filed by:


         a) Corporations
         b) Partnerships
         c) Joint Petition
         d) Individual Petition


                   What is an “Automatic Stay” under Chapter 12?

There are several provisions of the Bankruptcy Code that operate to protect the debtor
and buy them time to reorganize their finances. The filing of a Chapter 12, as with all of
the Chapters, affords the debtor an “automatic stay”. This provision prohibits creditors
from taking any collection action against the debtor during the period the stay is in effect.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                  7
Eligibility

The debt requirements to file a Chapter 12 are more generous than a Chapter 13, and
there is no distinction between secured and unsecured debt. The debt limit for family
farmers is $3,544,525 and for family fisherman the limit is $1,642,500. If debt limits are
higher, then filing under a Chapter 11 may be an option.


There are some rules that make the distinction between the debtor filing as an individual,
partnership or corporation. They are as follows:


         a) Individual or couple must operate a family farming or fishing operation.
         b) At least 50% of farming debt, or 80% of fishing debt must have been incurred
              in doing business.
         c) For both farmers and fishermen, more than 50% of their income must have
              come from the business, and for farmers, the rule applies to 2nd and 3d tax
              years previous to filing for bankruptcy.



Partnerships and Corporations

         a) More than 50% equity in the business must be owned by 1 family or relatives.
         b) Family and relatives must operate the business
         c) 80% or more of the assets must be related to the business
         d) Excluding the homestead of a shareholder, 50% of debts for farming or 80%
              from fishing must have been incurred as part of doing business.
         e) A corporation may not have publicly issued stock.


Further filing requirements are similar as to other chapters. The debtor must attend a
credit counseling session 180 days prior to filing, work out a debt management plan, and
file it with the petition.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                8
A debtor may not file if a prior bankruptcy has been filed and dismissed for not
complying with the court, or if a case was dismissed because a creditor successfully filed
a motion to lift the automatic stay.



What are the Fees and Deadlines?

Filing Fee: $239.00




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not               9
Filing Deadlines:

Four Years before Filing


You are not eligible to file for Chapter 13 if you have received a previous discharge
under Chapter 7, 11 or 12 within the last four years. If the prior case was a Chapter 13,
you must wait 2 years before you can file again.


180 Days before Filing


If within 180 days prior to filing, you had a case that was dismissed by the court or
voluntarily dismissed, you may not file until the 180 period expires.


You must also obtain credit counseling within 180 days of filing your case.




90 Days before Filing


You must be a resident of the state in which you intend to file at least 90 days prior to
filing.


Day of Filing


The case is formally commenced with the filing of the petition.           The following
documents should be filed to officially open the case:


          a) Petition
          b) Schedules of Assets and Liabilities
          c) Schedule of Income and Expenditures


© Copyright 2010 Docstoc Inc. registered document proprietary, copy not              10
         d) Schedule of Executory Contracts and Unexpired Leases
         e) Statement of Financial Affairs
         f) Repayment Plan (or within 90 days)


The automatic stay begins.


The court will send notice to all of the creditors listed in the petition.


A Trustee will be assigned to oversee your case, review your petition and set the meeting
with your creditors


Between 20 to 35 Days after Filing


Trustee will hold a meeting of creditors.


Within 90 Days of Filing the Petition


The debtor must file a repayment plan with the petition or within 90 days


Within 45 Days of Filing the Repayment Plan


A confirmation hearing is held regarding the repayment plan. The court will either
confirm the plan, or reject it, whereby debtor must file an amended plan.


Within 90 Days of the Meeting of Creditors


Unsecured creditors must file their claims with the court within 90 days after the date set
for the meeting of creditors. Government Units (such as the IRS), have 180 days to file
their claims.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                11
Within 3-5 Years


Debtor will receive discharge from bankruptcy when all the payments are made under the
plan.



Advantages vs. Disadvantages

Advantages of Chapter 12


         a) Chapter 12, like Chapter 13 is a repayment plan, so the debtor is able to retain
              their assets, continue to use their farmland, and home, for instance.
         b) Chapter 12 allows the debtor a longer period of time to pay off their creditors
              than the 3-5 years in Chapter 13.
         c) Debtor has a longer time to file a repayment plan.
         d) Debtor has a longer time to turn over disposable income to Trustee to pay off
              unsecured creditors.
         e) Chapter 12 has a higher debt ceiling than a Chapter 13, making it attractive to
              farmers and fisherman with high debt.


Disadvantages of Chapter 12


         a) The bankruptcy filing appears on the debtor’s credit report for 10 years.
         b) Filing bankruptcy will make it difficult for the debtor to obtain financing
              in the future.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                   12
Pertinent Rules and Regulations Regarding Bankruptcy

Bankruptcy law is federal statutory law contained in Title 11 of the United States Code.
Congress passed the Code to “establish uniform laws of the subject of bankruptcy throughout the
United States.” See U.S. Constitution Article 1, Section 8. States are not allowed to regulate
bankruptcy but may pass laws that govern other aspects of the debtor-creditor relationship.
Many sections of Title 11 incorporate debtor-creditor law of individual states.


Bankruptcy law has gone through major reform recently with the passage of the Bankruptcy
Prevention and Consumer Protection Act in April 2005. This act reformed the guidelines
governing the dismissal or conversion of Chapter 7 liquidations to Chapter 11 or 13 proceedings.
The role of the trustee was expanded to include supervision of audits, certification of entities to
provide credit counseling to debtors, certification of entities that provide financial education to
debtors prior to discharge, and greater powers over small business Chapter 11 cases. Title 11 of
the United States Code can be looked up on the courts websites for reference. A local law
library is also a great resource to obtain any information regarding a particular code section.


The Federal Rules of Bankruptcy Procedure outline and dictate how a case should be filed, filing
fees and the procedure for completing all required forms. The Federal Rules can be accessed
through the court website(s) or through the local law library.


The individual federal courts are authorized to prescribe rules for the conduct of their business.
The local court rules must be consistent, however, with federal law and the federal rules of
practice and procedure. It is essential that a debtor check the local rules of the particular court
they are filing in. The local rules can vary greatly from district to district. The local rules are
published online on the court’s website.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                  13
                                   FORM 1 – VOLUNTARY PETITION

                                                 INSTRUCTIONS

                                                   (ATTACHED)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   14
Form 1 - Voluntary Petition
Bankruptcy Forms:

Filing a bankruptcy proceeding will allow the debtor (individual or other legal entity), to be

relieved of their debt, or reorganize their debt so payments can be made over a period of 3-5

years. Official bankruptcy forms must be used in order to file a chapter, 7, 11, or 13 case.

Because these are standardized forms, only use forms that have been created by the court.

Filings that are not in the proper court format will be rejected by the clerk.



Overview:

The first step in the bankruptcy process is filing the “voluntary petition”.         By filing this

document you are officially declaring bankruptcy and begin the entire process.           Once this

document is filed, an “automatic stay” is created. This prevents all creditors from contacting the

debtor taking any collection action.



This form provides the court with basic information about the debtor and their financial status.

More detailed forms will follow regarding various schedules, but the basic information contained

in the petition gives the court a rough idea of how the court will need to proceed. It will enable

to court to assign a trustee, assess how big the case is, and determine how many filing are

anticipated in the case.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                 15
Directions:

A debtor must establish the judicial district that they intend for file in. To find the district, the

simplest way is to look at the US Bankruptcy Court’s website. This can also be found in the

telephone directory, under “United States Government”, section “C” for courts. The local

bankruptcy court will be listed there.



Names and Addresses

Complete the name, address and provide the last four digits of the debtor’s social security

number or taxpayer I.D. number. Be sure to include all names used in the past 8 years this would

include maiden names, names used in doing business, and married names.



There is a separate place to fill in the name and address of a joint debtor. The joint debtor would

always be a husband and wife. If there is no joint debtor or the debtor is a business, this space

would be left blank.



Type of Debtor

A debtor can be an individual, a corporation or a partnership. The debtor must check one box. If

the debtor is not mention, fill in the “other” section.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                  16
Nature of Business

Certain types of debtors are subject to certain rules and procedures. Check the categories that

apply if the debtor is a business.



Chapter of Bankruptcy Code Filed

In order to be eligible to file bankruptcy, the debtor must be a “person” (this includes individuals,

partnerships and corporations). They must reside, or have a domicile, place of business, or

property in the United States, or be a municipality. To be eligible to file under any chapter, a

debtor must attend credit counseling within 180 days of filing the petition.



Filing Fee

A filing fee must be included with the petition. As of April, 2006 the filing fee is $245 for a

chapter 7 case. There is also a $39. administrative fee and a $15. trustee surcharge.



The court requires that the debtor either pay the fee in full when filing the petition, or file an

application to pay the fee in installments. The rule on this limits the number of installments to

four, and the final payment is due not later than 120 days after filing the petition.



The debtor may also request a fee waiver, which must be completed and attached to the petition

(bankruptcy form 3B).




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                  17
Nature of Debt

A debtor may either check “Consumer/Non-Business” or “Business.” A consumer debt would

be created by an individual for personal, family or household purpose. A business debt would be

created to start of continue the operation of a business.



Statistical/Administrative Information

The debtor must predict whether funds will be available for distribution to the unsecured

creditors by checking the box provided



The debtor must also indicate the estimated number of creditors, amount of assets and the

amount of liabilities.




Prior Bankruptcy Case Filed

A debtor is not allowed to file for discharge of debts under chapter 7 if they have filed a prior

chapter 7 or 11 within the last 8 years. If a prior bankruptcy has been filed, complete all

information including case number and date/location filed.



Exhibit “A”

The debtor is only required to attach Exhibit “A” only if the debtor is a corporation requesting

relief under chapter 11.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not              18
Exhibit “B”

Exhibit “B” is included in the petition itself and is to be signed by the attorney for the debtor. If

the debtor is not represented by an attorney this should be left blank.



Exhibit “C”

Exhibit “C” required the debtor to disclose whether the debtor owns or has possession of any

property that poses a threat of imminent and identifiable harm to the public health or safety. If

such property exists, the debtor must complete and attach Exhibit “C.”



Exhibit “D”

This exhibit deals with the debtor’s certification regarding debt counseling. Before a debtor can

file a bankruptcy case, the debtor must receive counseling from an approved nonprofit budget

and counseling agency.            This counseling may be conducted in person, over the phone, or

internet. The clerk maintains a list of approved credit counselors for the debtor’s area. The

debtor should check the appropriate box, and attach the required documents.



Information Regarding the Debtor-Venue

A debtor must file their bankruptcy case in the judicial district where the individual resides, or

maintains a domicile. If it is a business, the debtor should file in the district where they maintain

a domicile, a residence, the principal place of business, or where the principal assets are located.

The debtor must have resided, done business, or maintained a domicile a full 180 days prior to

filing the petition.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                  19
Statement by a Debtor Who Resides as a Tenant of Residential Property

Although the filing of a bankruptcy action provides an automatic stay with regard to creditors,

this may not be in effect with regard to a landlord’s judgment against a debtor for unpaid rent.

If the debtor has a judgment against them from a landlord, they must complete this section.



Signatures

The debtor should sign in the appropriate section depending on whether they are an individual or

business. If the debtor is not represented by an attorney, the bankruptcy petition preparer must

sign in the appropriate box.



Filing the Form

Court filing procedures vary by district so the local rules for debtor’s court district should be

consulted. Generally, the signed original petition should be filed and several copies included.

The number of copies required varies by court. Any attachments discussed above should be

attached, along with the filing fee, if applicable. The official date that the petition is filed is an

important date, and establishes the “clock running” for many subsequent filings.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                   20
                                   FORM 1 – VOLUNTARY PETITION

                                                   (ATTACHED)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   21
     B 1 (Official Form 1) (1/08)
                                               United States Bankruptcy Court
                                                                                                                                                   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                                           All Other Names used by the Joint Debtor in the last 8 years
      (include married, maiden, and trade names):                                                      (include married, maiden, and trade names):


      Last four digits of Soc. Sec. or Indvidual-Taxpayer I.D. (ITIN) No./Complete EIN                 Last four digits of Soc. Sec. or Indvidual-Taxpayer I.D. (ITIN) No./Complete EIN
      (if more than one, state all):                                                                   (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                                                                                                                ZIP CODE
      Location of Principal Assets of Business Debtor (if different from street address above):
                                                                                                                                                        ZIP CODE
                          Type of Debtor                                   Nature of Business                                      Chapter of Bankruptcy Code Under Which
                       (Form of Organization)                       (Check one box.)                                                the Petition is Filed (Check one box.)
                         (Check one box.)
                                                                      Health Care Business                                      Chapter 7                 Chapter 15 Petition for
             Individual (includes Joint Debtors)                      Single Asset Real Estate as defined in                    Chapter 9                 Recognition of a Foreign
             See Exhibit D on page 2 of this form.                    11 U.S.C. § 101(51B)                                      Chapter 11                Main Proceeding
             Corporation (includes LLC and LLP)                       Railroad                                                  Chapter 12                Chapter 15 Petition for
             Partnership                                              Stockbroker                                               Chapter 13                Recognition of a Foreign
             Other (If debtor is not one of the above entities,       Commodity Broker                                                                    Nonmain Proceeding
             check this box and state type of entity below.)          Clearing Bank
                                                                      Other
                                                                    ___________________________________                                           Nature of Debts
                                                                          Tax-Exempt Entity                                                       (Check one box.)
      __________________________________________                        (Check box, if applicable.)
                                                                                                                              Debts are primarily consumer           Debts are primarily
                                                                                                                              debts, defined in 11 U.S.C.            business debts.
                                                                             Debtor is a tax-exempt organization              § 101(8) as “incurred by an
                                                                             under Title 26 of the United States              individual primarily for a
                                                                             Code (the Internal Revenue Code).                personal, family, or house-
                                                                                                                              hold purpose.”
                                                                                                                                     Chapter 11 Debtors
                                      Filing Fee (Check one box.)
                                                                                                       Check one box:
             Full Filing Fee attached.                                                                   Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D).

             Filing Fee to be paid in installments (applicable to individuals only). Must attach              Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).
             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.             Check if:
                                                                                                          Debtor’s aggregate noncontingent liquidated debts (excluding debts owed to
             Filing Fee waiver requested (applicable to chapter 7 individuals only). Must                 insiders or affiliates) are less than $2,190,000.
             attach signed application for the court’s consideration. See Official Form 3B.            -----------------------------------
                                                                                                       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        1,000-           5,001-          10,001-         25,001-           50,001-           Over
                                                                   5,000            10,000          25,000          50,000            100,000           100,000

      Estimated Assets

      $0 to         $50,001 to      $100,001 to     $500,001       $1,000,001       $10,000,001     $50,000,001     $100,000,001       $500,000,001     More than
      $50,000       $100,000        $500,000        to $1          to $10           to $50          to $100         to $500            to $1 billion    $1 billion
                                                    million        million          million         million         million
      Estimated Liabilities

© Copyright 2010 Docstoc Inc. registered document proprietary, copy not
    $0 to   $50,001 to $100,001 to $500,001   $1,000,001       $10,000,001                          $50,000,001     $100,000,001
                                                                                                                                          22
                                                                                                                                       $500,000,001     More than
      $50,000       $100,000        $500,000        to $1          to $10           to $50          to $100         to $500            to $1 billion    $1 billion
                                                    million        million          million         million         million
     B 1 (Official Form 1) (1/08)                                                                                                                                                 Page 2
                                                        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.)
     LocationCase Number:Date Filed:
     Where Filed:
     LocationCase 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:                                     Judge:

                                              Exhibit A                                                                          Exhibit B
                                                                                                                        (To be completed if debtor is an individual
      (To be completed if debtor is required to file periodic reports (e.g., forms 10K and                              whose debts are primarily consumer debts.)
      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.)              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.
© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                                                   23
                              Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(l)).
      B 1 (Official Form) 1 (1/08)                                                                                                                                           Page 3
      Voluntary Petition                                                                            Name of Debtor(s):
      (This page must be completed and filed in every case.)

                                                                                             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     I declare under penalty of perjury that the information provided in this petition is true
      and correct.                                                                                  and correct, that I am the foreign representative of a debtor in a foreign proceeding,
      [If petitioner is an individual whose debts are primarily consumer debts and has              and that I am authorized to file this petition.
      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        (Check only one box.)
      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 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
      I request relief in accordance with the chapter of title 11, United States Code,                    chapter of title 11 specified in this petition. A certified copy of the
      specified in this petition.                                                                          order granting recognition of the foreign main proceeding is attached.

      X                                                                                             X
           Signature of Debtor                                                                            (Signature of Foreign Representative)

      X
           Signature of Joint Debtor                                                                      (Printed Name of Foreign Representative)

           Telephone Number (if not represented by attorney)
                                                                                                          Date
           Date
                                       Signature of Attorney*                                                     Signature of Non-Attorney Bankruptcy Petition Preparer

      X                                                                                            I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as
           Signature of Attorney for Debtor(s)                                                     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
           Printed Name of Attorney for Debtor(s)                                                  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
           Firm Name
                                                                                                   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
           Address                                                                                 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
      *In a case in which § 707(b)(4)(D) applies, this signature also constitutes a                       partner of the bankruptcy petition preparer.) (Required by 11 U.S.C. § 110.)
      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    X
      and correct, and that I have been authorized to file this petition on behalf of the
      debtor.
                                                                                                          Date
      The debtor requests the relief in accordance with the chapter of title 11, United States
      Code, specified in this petition.                                                            Signature of bankruptcy petition preparer or officer, principal, responsible person, or
                                                                                                   partner whose Social-Security number is provided above.
      X
           Signature of Authorized Individual
                                                                                                   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
           Printed Name of Authorized Individual                                                   individual.

           Title of Authorized Individual
                                                                                                   If more than one person prepared this document, attach additional sheets conforming
           Date                                                                                    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.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                                                  24

                                                                                                                              Save As...                              Print
                               EXHIBIT C TO VOLUNTARY PETITION

                                                 INSTRUCTIONS

                                                   (ATTACHED)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   25
Exhibit C to Voluntary Petition:


Bankruptcy Forms:
Filing a bankruptcy proceeding will allow the debtor (individual or other legal entity), to be
relieved of their debt, or reorganize their debt so payments can be made over a period of 3-5
years. Official bankruptcy forms must be used in order to file a chapter, 7, 11, or 13 case.
Because these are standardized forms, only use forms that have been created by the court.
Filings that are not in the proper court format will be rejected by the clerk.


Overview:
Exhibit “C” of the Voluntary Petition asks the debtor to disclose if they own or possess any
property that could be a threat to public health or safety.               The debtor should check the
appropriate box on the Petition. If the answer is “Yes”, then Exhibit “C” must be completed and
attached to the Petition.


On Exhibit “C”, the debtor is asked to identify and describe any real or personal property owned
by the debtor that has the potential to pose a threat of imminent harm to public health and safety.
Many things could qualify here, environmental hazards on real property, perhaps certain types of
machinery, firearms, etc.


Once the property is listed, describe how the item poses a threat to safety.


Filing Deadline:
Exhibit “C” should be attached and filed with the Petition, if applicable.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                    26
                               EXHIBIT C TO VOLUNTARY PETITION

                                                   (ATTACHED)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   27
          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                                                                   ,              )      Case No.

                                                     Debtor                                      )

                                                                                                 )

                                                                                                 )      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):




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                             28

                  Reset                                                                                Save As...                       Print
                                    SCHEDULE A –REAL PROPERTY

                                                 INSTRUCTIONS

                                                   (ATTACHED)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   29
Schedule A – Real Property:
Bankruptcy Forms:
Bankruptcy proceedings are conducted because a person or business entity can no longer pay
their debts. This aids in liquidating assets to pay debt, or allows for a new repayment procedure.
Bankruptcy Law is governed by Title 11 of the United States Code, particularly chapters 7, 11,
and 13. When filling out each form be sure to consult a legal expert with questions or conflicts
and check with your local court for additional requirements or specifics forms.
Overview:
         This form, along with Schedules B, D, E, and F are used by the court to calculate your
current assets and liabilities, in compliance with relevant laws. Use this form to list all the real
property, which includes all land and anything attached to the land, which you own, or have any
interest in. Follow the instructions at the top of the form, which indicate which interests and
scopes of interests you should or shouldn’t list, as well as the procedure for marking community
or joint interests in the property.


         Be sure to fill out this form completely and using true and accurate information,
including accurate legal descriptions and current valuations. Total your interests in real property
and include a total in the corresponding box.




Note: It is important to note that interests in unexpired leaseholds and executor contracts are not
included on this form, but should be included on Schedule G – Executory Contracts and
Unexpired Leaseholds.


Deadline:
         This Schedule, along with all other Schedules included, must be filed within 15 days of
filing the Voluntary Petition.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                 30
                                    SCHEDULE A –REAL PROPERTY

                                                   (ATTACHED)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   31
         B6A (Official Form 6A) (12/07)


         In re _____________________________________________,                                                    Case No. ______________________________
                   Debtor                                                                                                  (If known)


                                                    SCHEDULE A - REAL PROPERTY
            Except as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as a co-
         tenant, community property, or in which the debtor has a life estate. Include any property in which the debtor holds rights and powers exercisable for
         the debtor’s own benefit. If the debtor is married, state whether the husband, wife, both, or the marital community own the property by placing an “H,”
         “W,” “J,” or “C” in the column labeled “Husband, Wife, Joint, or Community.” If the debtor holds no interest in real property, write “None” under
         “Description and Location of Property.”


          Do not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and
         Unexpired Leases.

            If an entity claims to have a lien or hold a secured interest in any property, state the amount of the secured claim. See Schedule D. If no entity claims
         to hold a secured interest in the property, write “None” in the column labeled “Amount of Secured Claim.”

           If the debtor is an individual or if a joint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property
         Claimed as Exempt.




                       DESCRIPTION AND                                                                    CURRENT VALUE                       AMOUNT OF
                        LOCATION OF                           NATURE OF DEBTOR’S                           OF DEBTOR’S                        SECURED
                        PROPERTY                             INTEREST IN PROPERTY                          INTEREST IN                         CLAIM
                                                                                                         PROPERTY, WITHOUT
                                                                                                          DEDUCTING ANY
                                                                                                          SECURED CLAIM
                                                                                                          OR EXEMPTION




                                                                                          Total'
                                                                                          (Report also on Summary of Schedules.)



© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                                   32

                     Reset                                                                                     Save As...                          Print
                               SCHEDULE B – PERSONAL PROPERTY

                                                 INSTRUCTIONS

                                                   (ATTACHED)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   33
Schedule B – Personal Property:
Bankruptcy Forms:
Bankruptcy proceedings are conducted because a person or business entity can no longer pay
their debts. This aids in liquidating assets to pay debt, or allows for a new repayment procedure.
Bankruptcy Law is governed by Title 11 of the United States Code, particularly chapters 7, 11,
and 13. When filling out each form be sure to consult a legal expert with questions or conflicts
and check with your local court for additional requirements or specifics forms.
Overview:
Schedule B – Personal Property:
         This form, along with Schedules A, D, E, and F are used by the court to calculate your
current assets and liabilities, in compliance with relevant laws. Use this form to list all the
personal property, which includes all cash on hand, checking and savings accounts, other bank
accounts, security deposits which you have paid, household goods and furnishings, collections,
clothing, jewelry, firearms, cameras, insurance policies, annuities, interests in an educational
IRA, or other interest in securities or or any other personal property which you own or have any
interest in. A complete list is included on the official form. Follow the instructions at the top of
the form, which indicate which interests and scopes of interests you should or shouldn’t list, as
well as the procedure for marking community or joint interests in the property.


         Be sure to fill out this form completely and using true and accurate information,
including accurate legal descriptions and current valuations. Total your interests in personal
property and include a total in the corresponding box.




Note: It is important to note that interests in unexpired leaseholds and executor contracts are not
included on this form, but should be included on Schedule G – Executory Contracts and
Unexpired Leaseholds.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                 34
Deadline:
         This Schedule, along with all other Schedules included, must be filed within 15 days of
filing the Voluntary Petition.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not              35
                               SCHEDULE B – PERSONAL PROPERTY

                                                   (ATTACHED)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   36
 B 6B (Official Form 6B) (12/07)


 In re                                                              ,                                     Case No.
                         Debtor                                                                                                (If known)


                                           SCHEDULE B - PERSONAL PROPERTY
            Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more of the categories,
 place an “x” in the appropriate position in the column labeled “None.” If additional space is needed in any category, attach a separate sheet properly
 identified with the case name, case number, and the number of the category. If the debtor is married, state whether the husband, wife, both, or the marital
 community own the property by placing an “H,” “W,” “J,” or “C” in the column labeled “Husband, Wife, Joint, or Community.” If the debtor is an
 individual or a joint petition is filed, state the amount of any exemptions claimed only in Schedule C - Property Claimed as Exempt.

         Do not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and
 Unexpired Leases.

 If the property is being held for the debtor by someone else, state that person’s name and address under “Description and Location of Property.”
 If the property is being held for a minor child, simply state the child's initials and the name and address of the child's parent or guardian, such as
 "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m).

                                                                                                                              CURRENT VALUE OF
                                                                                                                              DEBTOR’S INTEREST
                                                 N                                                                            IN PROPERTY, WITH-
           TYPE OF PROPERTY                      O                DESCRIPTION AND LOCATION                                    OUT DEDUCTING ANY
                                                 N                      OF PROPERTY                                             SECURED CLAIM
                                                 E                                                                               OR EXEMPTION

  1. Cash on hand.

  2. Checking, savings or other finan-
  cial accounts, certificates of deposit
  or shares in banks, savings and loan,
  thrift, building and loan, and home-
  stead associations, or credit unions,
  brokerage houses, or cooperatives.

  3. Security deposits with public util-
  ities, telephone companies, land-
  lords, and others.

  4. Household goods and furnishings,
  including audio, video, and computer
  equipment.

  5. Books; pictures and other art
  objects; antiques; stamp, coin,
  record, tape, compact disc, and other
  collections or collectibles.

  6. Wearing apparel.

  7. Furs and jewelry.

  8. Firearms and sports, photo-
  graphic, and other hobby equipment.

  9. Interests in insurance policies.
  Name insurance company of each
  policy and itemize surrender or
  refund value of each.

  10. Annuities. Itemize and name
  each issuer.

  11. Interests in an education IRA as
  defined in 26 U.S.C. § 530(b)(1) or under
  a qualified State tuition plan as defined in
  26 U.S.C. § 529(b)(1). Give particulars.
  (File separately the record(s) of any such
  interest(s). 11 U.S.C. § 521(c).)


© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                                 37
 B 6B (Official Form 6B) (12/07) -- Cont.



 In re                                                      ,                         Case No.
                        Debtor                                                                        (If known)


                                            SCHEDULE B - PERSONAL PROPERTY
                                                          (Continuation Sheet)

                                                                                                      CURRENT VALUE OF
                                                                                                      DEBTOR’S INTEREST
                                                 N                                                    IN PROPERTY, WITH-
           TYPE OF PROPERTY                      O         DESCRIPTION AND LOCATION                   OUT DEDUCTING ANY
                                                 N               OF PROPERTY                            SECURED CLAIM
                                                 E                                                       OR EXEMPTION


  12. Interests in IRA, ERISA, Keogh, or
  other pension or profit sharing plans.
  Give particulars.

  13. Stock and interests in incorporated
  and unincorporated businesses.
  Itemize.

  14. Interests in partnerships or joint
  ventures. Itemize.

  15. Government and corporate bonds
  and other negotiable and non-
  negotiable instruments.

  16. Accounts receivable.

  17. Alimony, maintenance, support,
  and property settlements to which the
  debtor is or may be entitled. Give
  particulars.

  18. Other liquidated debts owed to
  debtor including tax refunds. Give
  particulars.

  19. Equitable or future interests, life
  estates, and rights or powers exercisable
  for the benefit of the debtor other than
  those listed in Schedule A – Real
  Property.

  20. Contingent and noncontingent interests
  in estate of a decedent, death benefit plan,
  life insurance policy, or trust.

  21. Other contingent and unliquidated
  claims of every nature, including tax
  refunds, counterclaims of the debtor, and
  rights to setoff claims. Give estimated
  value of each.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                          38
 B 6B (Official Form 6B) (12/07) -- Cont.


 In re                                                          ,                                      Case No.
                       Debtor                                                                                          (If known)

                                             SCHEDULE B - PERSONAL PROPERTY
                                                                (Continuation Sheet)


                                                                                                                       CURRENT VALUE OF
                                                                                                                       DEBTOR’S INTEREST
                                                N                                                                      IN PROPERTY, WITH-
           TYPE OF PROPERTY                     O          DESCRIPTION AND LOCATION                                    OUT DEDUCTING ANY
                                                N                OF PROPERTY                                             SECURED CLAIM
                                                E                                                                         OR EXEMPTION


  22. Patents, copyrights, and other
  intellectual property. Give particulars.

  23. Licenses, franchises, and other general
  intangibles. Give particulars.

  24. Customer lists or other compilations
  containing personally identifiable
  information (as defined in 11 U.S.C.
   § 101(41A)) provided to the debtor by
  individuals in connection with obtaining a
  product or service from the debtor
  primarily for personal, family, or
  household purposes.

   25. Automobiles, trucks, trailers,
  and other vehicles and accessories.

  26. Boats, motors, and accessories.

  27. Aircraft and accessories.

  28. Office equipment, furnishings,
  and supplies.


  29. Machinery, fixtures, equipment,
  and supplies used in business.


  30. Inventory.


  31. Animals.


  32. Crops - growing or harvested.
  Give particulars.


  33. Farming equipment and implements.


  34. Farm supplies, chemicals, and feed.

  35. Other personal property of any kind
  not already listed. Itemize.


                                                                        continuation sheets attached     Total'   $
                                                                    (Include amounts from any continuation
                                                                    sheets attached. Report total also on
                                                                                Summary of Schedules.)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                           39
                       SCHEDULE C – PROPERTY CLAIMED AS EXEMPT

                                                 INSTRUCTIONS

                                                   (ATTACHED)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   40
Schedule C – Property Claimed As Exempt

Bankruptcy Forms:
Filing a bankruptcy proceeding will allow the debtor (individual or other legal entity), to be
relieved of their debt, or reorganize their debt so payments can be made over a period of 3-5
years. Official bankruptcy forms must be used in order to file a chapter, 7, 11, or 13 case.
Because these are standardized forms, only use forms that have been created by the court.
Filings that are not in the proper court format will be rejected by the clerk.


Overview:
The bankruptcy court recognizes that after your bankruptcy the debtor will still require basic
possessions and assets to move forward. For this reason, the debtor is allowed to list various
items of property as exempt. If the property is exempt it will not be subject to the creditors
claims.


Exemptions are based entirely on state law, so the law governing the debtor’s exemptions are
dependent on the state where the debtor resides.


The homestead exemption applies to your main residence. The federal homestead exemption is
$20, 200.      State exemptions vary widely.               If your equity isn’t covered by the homestead
exemption, the trustee could sell it to pay off creditors. If this is the case, you would want to file
a chapter 13, where you would organize a repayment plan, and could retain your home.
Currently the law allows a homestead exemption of $136, 875. if the debtor acquired his home in
the 1215 day period before filing bankruptcy.


The court allows an auto exemption of $3,225. The equity in your car based on the car’s market
value, less any amount still owed.


The household exemption is $10,775., and $525. for a particular item. Because of poor resale
value in these types of items the trustee is unlikely to view it as a source to pay creditors.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                      41
Retirement funds are exempt under 522(d)(12) of the bankruptcy code.


1. On the top of the form, the debtor will check whether they are relying on 11 USC 522(b)(2) or
11 USC 522 (b)(3). This is asking the debtor to choose whether they are filing under a federal
exemption law or state exemption law.


If you are not sure what category a property should be classified as, make your best estimation.
Either the trustee or the creditor has 30 days to file a formal objection to your classification,
which isn’t likely to happen unless the item has significant value.




2. Describe the property you are claiming. Keep your property descriptions consistent between
the various schedules.


3. Enter the exemption law that you are claiming. If you aren’t sure, the 522 codes can be
accessed online.


4. Enter the value of the exempt property. This is what the property is actually worth (as
opposed to current market value).


5. Enter the current market value of the exemption. This amount may not be the same as what
the property is actually worth.


If you are unsure in filing out this form, consult an attorney.




Filing Deadline:
This form should be completed and filed with the petition or within 15 days.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not              42
                       SCHEDULE C – PROPERTY CLAIMED AS EXEMPT

                                                   (ATTACHED)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   43
         B 6C (Official Form 6C) (12/07)


         In re ____________________________________________,                                        Case No. _________________________
                   Debtor                                                                                     (If known)


                                      SCHEDULE C - PROPERTY CLAIMED AS EXEMPT

          Debtor claims the exemptions to which debtor is entitled under:   G Check if debtor claims a homestead exemption that exceeds
          (Check one box)                                                    $136,875.
          G 11 U.S.C. § 522(b)(2)
          G 11 U.S.C. § 522(b)(3)




                                                                                                                     CURRENT
                                                      SPECIFY LAW                      VALUE OF                    VALUE OF PROPERTY
            DESCRIPTION OF PROPERTY                  PROVIDING EACH                    CLAIMED                     WITHOUT DEDUCTING
                                                      EXEMPTION                        EXEMPTION                     EXEMPTION




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                       44

                    Reset                                                                        Save As...                      Print
                SCHEDULE D – CREDITORS HOLDING SECURED CLAIMES

                                                 INSTRUCTIONS

                                                   (ATTACHED)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   45
Schedule D – Creditors Holding Secured Claims:
Bankruptcy Forms:
Bankruptcy proceedings are conducted because a person or business entity can no longer pay
their debts. This aids in liquidating assets to pay debt, or allows for a new repayment procedure.
Bankruptcy Law is governed by Title 11 of the United States Code, particularly chapters 7, 11,
and 13. When filling out each form be sure to consult a legal expert with questions or conflicts
and check with your local court for additional requirements or specifics forms.
Overview:
         This form, along with Schedules A, B, E, and F are used by the court to calculate your
current assets and liabilities, in compliance with relevant laws. Use this form to list all the
names and mailing addresses, and account numbers of all entities holding claims secured by your
property as of the date you filed your voluntary petition. This should include all creditors
holding any type of judgment such as a lien, garnishment, mortgage, or any other security
interest in your property. Follow the instructions at the top of the form, which indicate which
interests creditors you should or shouldn’t list, as well as the procedure for marking community
Contingent, Co-debtor, or disputed claims, and claims where the creditor is a minor child.


         Be sure to fill out this form completely and using true and accurate information,
including accurate legal descriptions and current valuations. Total your claims and include a
total in the corresponding box for the column labeled “Amount of Claim Without Deducting
Value of Collateral”. Also, total any unsecured portions and include a total in the corresponding
box for the column labeled “Unsecured Portion, if Any”. You will need to make a note of these
totals for reporting on the Summary of Schedules and the Statistical Summary of Certain
Liabilities and Related Data forms, which you will fill out later.


         If you have no creditors holding secured claims, check the appropriate box near the top of
the first page and do not fill out any other information on this form.


Note: List all creditors in alphabetical order on this form.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                46
Deadline:
         This Schedule, along with all other Schedules included, must be filed within 15 days of
filing the Voluntary Petition.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not              47
                SCHEDULE D – CREDITORS HOLDING SECURED CLAIMES

                                                   (ATTACHED)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   48
  B 6D (Official Form 6D) (12/07)

                        In re                                                                _,                         Case No.
                                                       Debtor                                                                                                (If known)

                                 SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS
             State the name, mailing address, including zip code, and last four digits of any account number of all entities holding claims secured by
  property of the debtor as of the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful
  to the trustee and the creditor and may be provided if the debtor chooses to do so. List creditors holding all types of secured interests such as
  judgment liens, garnishments, statutory liens, mortgages, deeds of trust, and other security interests.
             List creditors in alphabetical order to the extent practicable. If a minor child is the creditor, state the child's initials and the name and
  address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112
  and Fed. R. Bankr. P. 1007(m). If all secured creditors will not fit on this page, use the continuation sheet provided.
             If any entity other than a spouse in a joint case may be jointly liable on a claim, place an “X” in the column labeled “Codebtor,” include the
  entity on the appropriate schedule of creditors, and complete Schedule H – Codebtors. If a joint petition is filed, state whether the husband, wife,
  both of them, or the marital community may be liable on each claim by placing an “H,” “W,” “J,” or “C” in the column labeled “Husband, Wife,
  Joint, or Community.”
             If the claim is contingent, place an “X” in the column labeled “Contingent.” If the claim is unliquidated, place an “X” in the column
  labeled “Unliquidated.” If the claim is disputed, place an “X” in the column labeled “Disputed.” (You may need to place an “X” in more than one of
  these three columns.)
             Total the columns labeled “Amount of Claim Without Deducting Value of Collateral” and “Unsecured Portion, if Any” in the boxes
  labeled “Total(s)” on the last sheet of the completed schedule. Report the total from the column labeled “Amount of Claim Without Deducting Value
  of Collateral” also on the Summary of Schedules and, if the debtor is an individual with primarily consumer debts, report the total from the column
  labeled “Unsecured Portion, if Any” on the Statistical Summary of Certain Liabilities and Related Data.

             □          Check this box if debtor has no creditors holding secured claims to report on this Schedule D.
                                                     HUSBAND, WIFE,




    CREDITOR’S NAME AND                                               DATE CLAIM WAS                           UNLIQUIDATED              AMOUNT OF CLAIM                  UNSECURED
                                                                                                  CONTINGENT
                                                      COMMUNITY
                                          CODEBTOR




       MAILING ADDRESS                                                   INCURRED,                                                           WITHOUT                      PORTION, IF
                                                       JOINT, OR




   INCLUDING ZIP CODE AND                                             NATURE OF LIEN ,                                        DISPUTED   DEDUCTING VALUE                     ANY
     AN ACCOUNT NUMBER                                                      AND                                                           OF COLLATERAL
      (See Instructions Above.)                                         DESCRIPTION
                                                                       AND VALUE OF
                                                                         PROPERTY
                                                                      SUBJECT TO LIEN
  ACCOUNT NO.




                                                                      VALUE $
  ACCOUNT NO.




                                                                      VALUE $
  ACCOUNT NO.




                                                                      VALUE $
        continuation sheets                                           Subtotal ►                                                         $                            $
        attached                                                      (Total of this page)
                                                                      Total ►                                                            $                            $
                                                                      (Use only on last page)
                                                                                                                                         (Report also on Summary of   (If applicable, report
                                                                                                                                         Schedules.)                  also on Statistical
                                                                                                                                                                      Summary of Certain
                                                                                                                                                                      Liabilities and Related
                                                                                                                                                                      Data.)

© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                                                              49
  B 6D (Official Form 6D) (12/07) – Cont.                                                                                                                                                2

  In re                                                             _,                Case No.
                            Debtor                                                                                                             (if known)

                                  SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS
                                                                               (Continuation Sheet)




                                                 HUSBAND, WIFE,
   CREDITOR’S NAME AND




                                                                                                                 UNLIQUIDATED
                                                                    DATE CLAIM WAS                                                         AMOUNT OF CLAIM              UNSECURED




                                                                                                    CONTINGENT
                                                  COMMUNITY
                                      CODEBTOR
      MAILING ADDRESS                                              INCURRED, NATURE                                                            WITHOUT                  PORTION, IF



                                                   JOINT, OR




                                                                                                                                DISPUTED
    INCLUDING ZIP CODE                                                OF LIEN , AND                                                        DEDUCTING VALUE                 ANY
      AND AN ACCOUNT                                                DESCRIPTION AND                                                         OF COLLATERAL
            NUMBER                                                VALUE OF PROPERTY
     (See Instructions Above.)                                      SUBJECT TO LIEN


  ACCOUNT NO.




                                                                  VALUE $
  ACCOUNT NO.




                                                                  VALUE $
  ACCOUNT NO.


                                                                  VALUE $
  ACCOUNT NO.




                                                                  VALUE $
  ACCOUNT NO.




                                                                  VALUE $
                                                                                                                                           $                        $

  Sheet no.        of       continuation                                          Subtotal (s)►
  sheets attached to Schedule of Creditors                                (Total(s) of this page)                                          $                        $
  Holding Secured
  Claims
                                                                                     Total(s) ►
                                                                         (Use only on last page)
                                                                                                                                           (Report also on          (If applicable, report
                                                                                                                                           Summary of Schedules.)   also on Statistical
                                                                                                                                                                    Summary of Certain
                                                                                                                                                                    Liabilities and
                                                                                                                                                                    Related Data.)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                                                                  50
       SCHEDULE E – CREDITORS HOLDING UNSECURED PRIORITY CLAIMS

                                                 INSTRUCTIONS

                                                   (ATTACHED)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   51
Schedule E – Creditors Holding Unsecured Priority Claims:
Bankruptcy Forms:
Bankruptcy proceedings are conducted because a person or business entity can no longer pay
their debts. This aids in liquidating assets to pay debt, or allows for a new repayment procedure.
Bankruptcy Law is governed by Title 11 of the United States Code, particularly chapters 7, 11,
and 13. When filling out each form be sure to consult a legal expert with questions or conflicts
and check with your local court for additional requirements or specifics forms.
Overview:
         This form, along with Schedules A, B, D, and F are used by the court to calculate your
current assets and liabilities, in compliance with relevant laws. Use this form to list all the
names and mailing addresses, and account numbers of all entities holding unsecured claims with
priority, as listed on this form, including domestic support obligations, extensions of credit in
involuntary cases, wages, salaries, and commissions owed to your employees, contributions to
the benefit plans of your employees, claims of individuals up to $2,425, taxes and other debts to
governmental units, commitments to the capital account of an insured depository institution,
claims for death or personal injury while debtor was intoxicated, or special claims of certain
farmers and fishermen. Only these priority claims should be included on this schedule, and only
claims that are valid as of the date you filed your voluntary petition. Follow the instructions at
the top of the form, which indicate which interests creditors you should or shouldn’t list, the
specifics for which creditors qualify as priority creditors under this form, and the procedure for
marking community Contingent, Co-debtor, or disputed claims, and claims where the creditor is
a minor child.


         Be sure to fill out this form completely and using true and accurate information,
including accurate legal descriptions and current valuations. Total your claims which qualify for
priority, and include a total in the corresponding box for the column labeled “Amo
				
DOCUMENT INFO
Description: Deciding to file for bankruptcy is a one of the most important financial decisions you can make. The purpose of this guide is to walk the user step by step through the process and shed light on what can be a very confusing and complex process. While a lawyer is not necessary to file bankruptcy, it can be a challenge for the layperson. This guide was created to inform the user, but is not meant to provide legal advice. This guide will address many of the frequently asked questions that arise in a chapter 12 filing, as well as discuss the rules, filing fees, and timelines required. Lastly, it will outline a step by step course of action preparing your own Chapter 12 filing.