How Does Chapter 7 Bankruptcy Work?
Learn From San Jose Chapter 7 Attorneys
A Chapter 7 bankruptcy case begins with the debtor filing a petition with the bankruptcy court serving the area where the individual lives or where the business debtor is organized or has its principal place of business or principal assets.
What You Must File
In addition to the petition, the debtor must also file these with the bankruptcy court:
- Schedules of assets and liabilities;
- Schedule of current income and expenditures;
- Statement of financial affairs; and
- Schedule of executory contracts and unexpired leases. Fed. R. Bankr. P. 1007(b).
Debtors must also provide the assigned case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case (including tax returns for prior years that had not been filed when the case began). 11 U.S.C. § 521.
Do You Mostly Have Consumer Debt?
Individual debtors with primarily consumer debts have additional document filing requirements.
They must file the following:
- Certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling;
- Evidence of payment from employers, if any, received 60 days before filing;
- Statement of monthly net income and any anticipated increase in income or expenses after filing;
- Record of any interest the debtor has in federal or state qualified education or tuition accounts. Id.
Bankruptcy Petitions for Married Couples
A husband and wife may file a joint petition or individual petitions. 11 U.S.C. § 302(a). Even if filing jointly, a husband and wife are subject to all the document filing requirements of individual debtors.
California Chapter 7 Filing Fee
The courts must charge a $245 case filing fee, a $46 miscellaneous administrative fee, and a $15 trustee surcharge. Normally, the fees must be paid to the clerk of the court upon filing. With the court's permission, however, individual debtors may pay in installments. 28 U.S.C. § 1930(a); Fed. R. Bankr. P. 1006(b); Bankruptcy Court Miscellaneous Fee Schedule, Item 8. The number of installments is limited to four, and the debtor must make the final installment no later than 120 days after filing the petition. Fed. R. Bankr. P. 1006.
For cause shown, the court may extend the time of any installment, provided that the last installment is paid not later than 180 days after filing the petition. Id. The debtor may also pay the $46 administrative fee and the $15 trustee surcharge in installments. If a joint petition is filed, only one filing fee, one administrative fee, and one trustee surcharge are charged. Debtors should be aware that failure to pay these fees may result in dismissal of the case. 11 U.S.C. § 707(a).
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