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Requested and Answered by SharonH on 23-Feb-2006 18:19 (1118 reads)
While it is possible to file a bankruptcy case "pro se" (without an attorney), it can be difficult. Hiring a competent attorney is highly recommended because many bankruptcy issues can be very complicated and it can be difficult to prepare the required paperwork. In addition, debtors may keep certain types of property (known as exempt property), and there are many types of debts that are non-dischargeable (not wiped out in the bankruptcy). An attorney can advise debtors on these issues. The staff at the Bankruptcy Clerk's Office cannot give legal advice. If you have questions about filing for bankruptcy or preparing the bankruptcy paperwork, please seek the advice of counsel.
Requested and Answered by SharonH on 23-Feb-2006 18:21 (1103 reads)
There is a fee to file a bankruptcy petition. It varies depending on which chapter of bankruptcy (chapter 7, 11, 12 or 13) you are filing. If you are filing a Chapter 7 Bankruptcy, certain circumstances will allow for a fee waiver.
The Judicial Conference of the United States promulgates these interim procedures to assist district courts and bankruptcy courts with implementing the fee waiver provisions set forth in Section 418 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Pub. L. No. 109-8, 199 Stat. 23), and codified at 28 U.S.C. § 1930(f)(1-3).
I. The Filing Fee Waiver Application and Initiation of the Chapter 7 Case
A. In lieu of paying the filing fee or filing an installment application, an individual chapter 7 debtor may file an application for waiver of the filing fee along with the bankruptcy petition. The application must conform substantially to Official Form 3B.
II. Judicial Determination of Filing Fee Waiver Applications
A. Standard of Eligibility
1. The district court or the bankruptcy court may waive the chapter 7 filing fee for an individual debtor who: (a) has income less than 150 percent of the poverty guidelines last published by the United States Department of Health and Human Services (DHHS) applicable to a family of the size involved; and (b) is unable to pay that fee in installments.
2. In any determination regarding a filing fee waiver application, the debtor has the burden of showing that the application should be granted.
The Judicial Conference of the United States promulgates these interim procedures to assist district courts and bankruptcy courts with implementing the fee waiver provisions set forth in Section 418 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Pub. L. No. 109-8, 199 Stat. 23), and codified at 28 U.S.C. § 1930(f)(1-3).
I. The Filing Fee Waiver Application and Initiation of the Chapter 7 Case
A. In lieu of paying the filing fee or filing an installment application, an individual chapter 7 debtor may file an application for waiver of the filing fee along with the bankruptcy petition. The application must conform substantially to Official Form 3B.
II. Judicial Determination of Filing Fee Waiver Applications
A. Standard of Eligibility
1. The district court or the bankruptcy court may waive the chapter 7 filing fee for an individual debtor who: (a) has income less than 150 percent of the poverty guidelines last published by the United States Department of Health and Human Services (DHHS) applicable to a family of the size involved; and (b) is unable to pay that fee in installments.
2. In any determination regarding a filing fee waiver application, the debtor has the burden of showing that the application should be granted.
Requested and Answered by SharonH on 23-Feb-2006 18:23 (1186 reads)
Chapter 7: Often called the "liquidation chapter," Chapter 7 is used by individuals, partnerships, or corporations who have no hope for repairing their financial situation. In Chapter 7, the debtor's estate is liquidated under the rules of the Bankruptcy Code. Liquidation is the process through which the debtor's non-exempt property is sold for cash by a trustee and the cash is distributed to creditors.
Chapter 11: Often called the "reorganization chapter," Chapter 11 allows corporations, partnerships, and individuals to reorganize their debts, without having to liquidate all their assets. In a Chapter 11 case, the debtor presents a plan to creditors which, if accepted by the creditors and approved by the Court, will allow the debtor to reorganize personal, financial or business affairs and again become financially productive.
Chapter 13: An individual with regular income who is overcome by debts, but believes such debts can be repaid within a reasonable period of time, may file under Chapter 13 of the Bankruptcy Code. Chapter 13 permits the debtor to file a plan in which the debtor agrees to pay a certain percentage of future income to the Bankruptcy Court for payment to creditors. If the Court approves the plan, the debtor will be under the Court's protection while repaying such debts.
Chapter 11: Often called the "reorganization chapter," Chapter 11 allows corporations, partnerships, and individuals to reorganize their debts, without having to liquidate all their assets. In a Chapter 11 case, the debtor presents a plan to creditors which, if accepted by the creditors and approved by the Court, will allow the debtor to reorganize personal, financial or business affairs and again become financially productive.
Chapter 13: An individual with regular income who is overcome by debts, but believes such debts can be repaid within a reasonable period of time, may file under Chapter 13 of the Bankruptcy Code. Chapter 13 permits the debtor to file a plan in which the debtor agrees to pay a certain percentage of future income to the Bankruptcy Court for payment to creditors. If the Court approves the plan, the debtor will be under the Court's protection while repaying such debts.
Requested and Answered by SharonH on 23-Feb-2006 18:25 (1319 reads)
The forms may be downloaded by visiting the Library>Forms section of this website.
If hiring an attorney is not possible, you can may also purchase bankruptcy forms from most legal stationery stores and some bookstores.
If hiring an attorney is not possible, you can may also purchase bankruptcy forms from most legal stationery stores and some bookstores.
Requested and Answered by SharonH on 23-Feb-2006 18:30 (1087 reads)
You may file your bankruptcy petition at the Clerk's Office located at 701 Broadway, 1st Floor, Nashville TN 37203. The Clerk's Office hours are 8:00 a.m. - 4:00 p.m. Monday - Friday except official holidays. You may also mail your completed paperwork to the Clerk's Office, 701 Broadway, Nashville, TN 37203. Payment for the required filing fee may be made by money order or cashier's checks only, no personal checks.