Information for Debtors Without an Attorney

When You File

Credit Counseling Warning!

**Attention Debtors! You must have completed credit counseling within the
180 days PRIOR to filing your petition**



A summary of Required Lists, Schedules, Statements, and Fees available by chapter and filing fee schedules are provided for your convenience. In addition to these required documents and filing fees, the Court requires you to file a Certificate of Service indicating that you mailed copies of a particular pleading to all appropriate parties. Please review these requirements carefully. Failure to file or fully complete required documents may have adverse effects on your rights (such as losing the right to file another case or losing certain protections in a later case). The Clerk’s Office will send out notices of deficiencies in some circumstances. Failure to file required item(s) may result in striking of the incomplete filing or the dismissal of the Bankruptcy case by the Court without further notice.

Please see Forms to obtain the necessary forms, schedules, and statements needed for filing.



As of October 17, 2005, consumer debtors (i.e., non-business debtors) must overcome a presumption of abuse in order to be eligible for relief under Chapter 7. Debtors seeking to file Chapter 7 are required to complete a Form B22A, entitled Statement of Currently Monthly Income and Means Test Calculation. If the Chapter 7 filing is determined to be presumptively abusive, the debtor may try to rebut the presumption by showing special circumstances. Unless the debtor overcomes the presumption of abuse, the Court may convert the case to Chapter 13 (with the debtor’s consent) or dismiss the case. See 11 U.S.C. § 707(b)(1).

When completing Forms B22A or B22C (for Chapter 13) you will need to reference information from the Census Bureau and Internal Revenue Service (IRS). Information on completing these forms and access to the additional information needed can be found under the U.S. Trustee Program’s Means Testing page and the National Standards for Allowable Living Expenses page.



Under § 342(b) of the Bankruptcy Code, a Notice to Individual Consumer Debtor has been issued regarding: (1) the services available to you from credit counseling services; (2) the purpose, benefits, and costs of the four types of bankruptcy proceedings you may commence; and (3) information about bankruptcy crimes and the Attorney General’s right to examine all information you provide in connection with a bankruptcy case. This notice must be read and signed with the bankruptcy petition (or filed within 14 days of filing). Please see the summary of Required Lists, Schedules, Statements, and Fees for additional information on documents required when filing a bankruptcy petition.

Filers are required to provide their most recent tax return, or a tax transcript of the return, to the case Trustee at least seven days before the scheduled 341 Meeting of Creditors. Also, a copy of the return or transcript must be provided to any creditor who places a timely request for it. See 11 U.S.C. § 521(e)(2). If this information is not provided, the court may dismiss the bankruptcy case.

Copies of Tax Records are available from the IRS. Records should be requested as early as possible, by fax, phone, or online, according to the contact information below. In person records are only provided in case of an emergency.

Copies of income tax returns cost $57 per year needed; Tax Transcripts are Free. Either document may be provided to the case trustee and/or creditors.

• You can obtain a free transcript by calling 800-829-1040 and following the prompts in the recorded message
• You may download the correct form from the Internet - Go to www.irs.gov. Choices include:
  • Request for Transcript of Tax Return,
  • Short Form Request for Individual Tax Return Transcript
  • Request for Copy of Tax Return
• Telephone requests for forms to order Copies or Transcripts are accepted at 800-829-1040
  

Forms will need to be printed out and mailed to the IRS. Wait time is approximately two weeks for delivery of a Tax Transcript or 60 days for a copy of a Tax Return.

The Creditor Mailing Matrix is a list of the names and addresses of creditors and parties in interest in a bankruptcy case that the debtor is required to complete. The master mailing matrix and any supplemental matrix must be dated and verified upon submission. This information is used for giving notice to creditors and also for claims information when applicable.



A Roster of Public Agencies is provided by the Court to assist filers in meeting the notice requirements for public agencies, when applicable.

Southern District of Indiana has four bankruptcy court filing locations. Depending on where you live, you will be required to file your case in a specific location. To determine where to file your case, click here.


NEXT PAGE

HOME PAGE