Bankruptcy - Voluntary

Chapter 11 Voluntary Petition

Official Procedure Last Change November 15, 2016

Chapter 11 Voluntary Petition

General Information

Click here for complete filing requirements according to chapter.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Voluntary Bankruptcy Case.

3. Complete petition information screen. Click Next.

4. Enter Debtor’s/ Joint Debtor’s name or SSN. If a business, enter Tax ID. Click Search.

Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.

5. Select Create New Party.

6. Enter all Debtor/ Joint Debtor information.

7. Click Alias to add any aliases.

8. Click Corporate Parent / affiliate to add any corporate parent or affiliate.

9. Click Review to proof added information. Click Return to Party Screen after review.

10. Click Submit. (If petition contains a joint debtor, repeat steps 4 - 10.)

11. Assigned divisional office is displayed. Click Next.

12. Enter all debtor information and click Next.

13. Select appropriate radio buttons for both questions and click Next.

14. Select appropriate radio button regarding Income and Expense Schedule and click Next.

15. If this is a Small Business filing: Check all items included with Petition and click Next.

16. If you previously indicated that this filing has deficiencies: Check all applicable boxes and click Next.

17. Complete amounts in Summary of Schedules (if known) and click Next.

18. Browse to select the document to be filed and click Next.

19. If you indicated that you are not filing Schedule D, you are asked if you are filing a List of Secured Creditors. Choose appropriate radio button and click Next.

20. Verify fee information (and Ombudsman due date, if applicable).

21. Click Next then Next.

22. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Chapter 12 Voluntary Petition

Official Procedure Last Change November 15, 2016

Chapter 12 Voluntary Petition

General Information

Click here for complete filing requirements according to chapter.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Voluntary Bankruptcy Case.

3. Complete petition information screen. Click Next.

4. Enter Debtor’s/ Joint Debtor’s name or SSN. If a business, enter Tax ID. Click Search.

Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.

5. Select Create New Party.

6. Enter all Debtor/ Joint Debtor information.

7. Click Alias to add any aliases.

8. Click Corporate Parent / affiliate to add any corporate parent or affiliate.

9. Click Review to proof added information. Click Return to Party Screen after review.

10. Click Submit. (If petition contains a joint debtor, repeat steps 4 - 10.)

11. Assigned divisional office is displayed. Click Next.

12. Enter all debtor information and click Next.

13. Select appropriate radio buttons for both questions and click Next.

14. Select appropriate radio button regarding Income and Expense Schedule and click Next.

15. If you previously indicated that this filing has deficiencies: Check all applicable boxes and click Next.

16. Complete amounts in Summary of Schedules (if known) and click Next.

17. Browse to select the document to be filed and click Next.

18. If you indicated that you are not filing Schedule D, you are asked if you are filing a List of Secured Creditors. Choose appropriate radio button and click Next.

19. Verify fee information.

20. Click Next then Next.

21. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Chapter 13 Voluntary Petition

Official Procedure Last Change November 15, 2016

Chapter 13 Voluntary Petition (Individual/ Consumer Debt)

General Information

Click here for complete filing requirements according to chapter.

Except on the Debtor’s Statement of Social Security Statement, the Debtor’s and/or Joint Debtor’s Social Security Number must be redacted before filing any document with the court.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Voluntary Bankruptcy Case.

3. Complete petition information screen. Click Next.

4. Enter Debtor’s/ Joint Debtor’s name or SSN. Click Search.

Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.

5. Select Create New Party.

6. Enter all Debtor/ Joint Debtor information.

7. Click Alias to add any aliases.

8. Click Corporate Parent / affiliate to add any corporate parent or affiliate.

9. Click Review to proof added information. Click Return to Party Screen after review.

10. Click Submit. (If petition contains a joint debtor, repeat steps 4 - 10.)

11. Assigned divisional office is displayed. Click Next.

12. Complete statistical information and click Next.

13. Select appropriate radio button to indicate whether the Rights & Responsibilities is included with the Petition. Click Next.

14. If you previously indicated that this filing has deficiencies: Check all applicable boxes and click Next.

15. Complete amounts in Summary of Schedules (if known) and click Next.

16. Browse to select the document to be filed and click Next.

17. Verify fee information.

19. Click Next then Next.

20. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Chapter 15 Petitions

Official Procedure Last Change December 29, 2015

Chapter 15 Petitions for Recognition of a Foreign Proceeding

  • 11 USC 1501-1532
  • FRBP 1012, 2002(q)(1)

General Information

  • A Chapter 15 case is intended to provide effective mechanisms for dealing with insolvency cases involving debtors, assets, claimants, and other parties of interest involving more than one country.
  • Generally, a chapter 15 case is ancillary to a primary proceeding brought in another country, typically the debtor's home country.
  • After notice and a hearing, the court is authorized to issue an order recognizing the foreign proceeding as either a "foreign main proceeding" (a proceeding pending in a country where the debtor's center of main interests are located) or a "foreign non-main proceeding" (a proceeding pending in a country where the debtor has an establishment, but not its center of main interests).
  • Immediately upon the recognition of a foreign main proceeding, the automatic stay and selected other provisions of the Bankruptcy Code take effect within the United States.

Filing Requirements

  • Official Form 401 must be used.
  • The petition must be accompanied by documents showing the existence of the foreign proceeding and the appointment and authority of the foreign representative.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Voluntary Bankruptcy Case.

3. Select 15 in the Chapter drop down box, and the relevant entry in the Main/Nonmain box.

4. If any of the following required documents are not being filed at this time, select y from the drop-down box. If all these documents are being filed, leave the selection as n.

Required documents:

  • F.P. Administrator List
  • F.P. Litigation List
  • F.P. Provisional Relief List

5. Enter name of debtor and click Search.

Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.

6. Select Create New Party.

7. Enter all Debtor/ Joint Debtor information. For County of Debtor, select OUTSIDE U.S. The postal/ZIP code and any other information (except for the country name) such as a state/province should be entered along with the city in the City field.

8. Click Alias to add any aliases.

9. Click Corporate Parent / affiliate to add any corporate parent or affiliate.

10. Click Review to proof added information. Click Return to Party Screen after review.

11. Click Submit.

12. Assigned divisional office is displayed. Ensure that Indianapolis is selected and click Next.

13. Select type of debtor and click Next.

14. If you indicated in step 4 that some documents are not being filed, select those documents and click Next.

15. Select appropriate radio buttons for both questions and click Next.

16. Browse to select the document to be filed and click Next.

17. Filing fee is displayed. Click Next.

18. Final docket text is displayed. Click Next.

19. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Chapter 7 Voluntary Petition

Official Procedure Last Change November 15, 2016

Chapter 7 Voluntary Petition (Individual/ Consumer Debt)

  • 11 USC 301, 302, 1408
  • FRBP 1002, 1005, 1006, 1007
  • S. D. Ind. B-1002-1, B-1007-1

General Information

Click here for complete filing requirements according to chapter.

Except on the Debtor’s Statement of Social Security Statement, the Debtor’s and/or Joint Debtor’s Social Security Number must be redacted before filing any document with the court.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Voluntary Bankruptcy Case.

3. Complete petition information screen. Click Next.

4. Enter Debtor’s/ Joint Debtor’s name or SSN. Click Search.

Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.

5. Select Create New Party.

6. Enter all Debtor/ Joint Debtor information.

7. Click Alias to add any aliases.

8. Click Corporate Parent / affiliate to add any corporate parent or affiliate.

9. Click Review to proof added information. Click Return to Party Screen after review.

10. Click Submit. (If petition contains a joint debtor, repeat steps 4 - 10.)

11. Assigned divisional office is displayed. Click Next.

12. Complete statistical information and click Next.

13. A notice is displayed. Click Next.

14. If you previously indicated that this filing has deficiencies: Check all applicable boxes and click Next.

15. Complete amounts in Summary of Schedules (if known) and click Next.

16. Enter all statistical information requested and click Next.

17. Select appropriate option for Presumption of Abuse.

If debtor is claiming exclusion as a member of the National Guard or Reserves:

Not a joint case: Choose No

Joint case:

  • If both debtors are claiming the exclusion, choose No

  • If only one debtor is claiming the exclusion and there is no presumption of abuse for the other debtor, choose No

  • If only one debtor is claiming the exclusion and there is a presumption of abuse for the other debtor, choose Yes

18. Browse to select the document to be filed and click Next.

19. Verify fee information.

20. Click Next then Next.

21. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Filing Case Using Software

Official Procedure Last Change February 18, 2016

Filing Case Using your Software's ECF Filing System

Contact your software vendor for instructions.

Requirements for the Southern District of Indiana are as follows:

These documents may be filed together as one pdf:

  • Petition
  • Summary of Schedules and Statistical Summary
  • Schedules A-J
  • Statement of Financial Affairs
  • Statement of Intention
  • Attorney Fee Disclosure
  • Notice to Individual Consumer Debtor
  • Verification of Creditor List
  • Rights & Responsibilities of Chapter 13 Debtors & Their Attorneys
  • List of Creditors holding the 20 largest unsecured claims
  • Names and address of equity security holders of the debtor
  • Statement disclosing compensation paid or to be paid to a "bankruptcy petition preparer"
  • Notice to debtor by "bankruptcy petition preparer"
  • Corporate Ownership Statement
  • Schedule of Current Income and Expenditures 

These documents must be filed as separate documents (and not included in the same PDF as the petition):

Note:  Contact your bankruptcy software vendor regarding the possibility of including all required documents as part of the auto-filing/case-upload process.

Filing an Emergency Petition / Balance of Petition

Official Procedure Last Change December 1, 2017

Filing an Emergency Petition / Balance of Petition

Emergency Petitions - General Information

Emergency Filing - Minimum Requirements:

Any voluntary petition filed without the schedules and statements required in Fed.R. Bankr.P. 1007 must be accompanied by:

Any request for an extension of time to file the other documents required by this rule must comply with Fed.R.Bankr.P. 1007.

For step-by-step instructions on filing the Petition, follow the relevant procedures on filing a new case.

Filing the Balance of the Petition - General Information

  • When filing the balance of the petition, the following documents can be combined into one single PDF and filed using the instructions below.
    • Schedules
    • Summary of Schedules and Statistical Summary of Certain Liabilities
    • Declaration to Schedules
    • Statement of Financial Affairs
    • Statement of Intention
    • Attorney Statement of Compensation
    • Corporate Ownership Statement
    • Rights & Responsibilities of Chapter 13 Debtors & Their Attorneys
    • Notice to Individual Consumer Debtor
    • Verification of Creditor List

Note: Not all of these documents are required in every bankruptcy case.

  • All remaining documents should be in separate PDFs and filed separately.
  • Any creditors or parties listed on Schedules D, E/F, G or H that were not supplied on diskette or uploaded when the case was filed are subject to the filing requirements for Amended Schedules (e.g. current filing fee for Amended Schedules and a Certificate of Service on added creditors required).
  • A Declaration Under Penalty of Perjury (Form B106), signed by the debtor(s), is required for the Schedules.
  • Even if a Declaration Under Penalty of Perjury was filed at case opening (commonly done when filing some but not all of the schedules as part of the emergency filing), another Declaration must be included when filing the balance of the schedules.
  • Statement of Financial Affairs (Official Form B107) must contain a Declaration Under Penalty of Perjury signed by the debtor(s).

Step-by-Step Instructions to file balance of the Petition

1. Log into CM/ECF.

2. Select Bankruptcy > Schedules/Statement of Financial Affairs/Initial Required Documents.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select any of the following documents that you are including in the one PDF that you are filing. (Hold down the Ctrl key to select multiple items - the events you click should appear as a list on the right hand side under Selected Events.)

  • Corporate Ownership Statement
  • Disclosure of Compensation
  • Rights & Responsibilities of Chapter 13 Debtors & Their Attorneys
  • Schedule(s) - Incomplete Filings Only
  • Statement of Financial Affairs (First Filing or Amended)
  • Statement of Intention
  • Verification of Creditor List

The following two options should only be selected if you are not also filing schedules. (If you are filing schedules, you will have the chance to indicate whether the following two items are included with the schedules.)

  • Statistical Summary of Certain Liabilities
  • Summary of Schedules

After selecting all documents included in your PDF, click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Click to highlight the debtor(s) and click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the pdf file containing all the documents you selected in Step 4. Click Next.

8. If you indicated that you are filing a Corporate Ownership Statement:

a. Enter the name of any corporate parent or affiliate listed on the Statement and click Search.

b. If the correct company is found: Click to select them then click Select name from list.

    If the correct company is not found

i. Click Create new corporate parent / affiliate.

ii. Fill in the requested information and click Add corporate parent / affiliate.

iii. In the party selection screen, highlight the debtor and click Next.

iv. Repeat from step a. above to enter any additional corporate parents or affiliates.

v. If there are no more corporate parents or affiliates to add, click End corporate parent / affiliate selection.

9. If you indicated that you are filing Disclosure of Compensation, you are asked who the Disclosure is for. Select correct radio button and click Next.

10. Click Next.

11. If you indicated that you are filing a Rights and Responsibilities document, you are asked if it is amendment to a previously filed Rights and Responsibilities. Select the appropriate radio button and click Next.

12. If you indicated that you are filing schedules, check boxes to indicate all schedules/summaries that are being included and click Next.

13. If you indicated that you are filing Schedule G or Schedule H, you are asked if those schedules contain any parties that you did not include when you uploaded the original creditor list. Select the appropriate radio button and click Next.

14. If you indicated that you are filing Schedule D or E/F, you are asked if those schedules contain any creditors that you did not include when you uploaded the original creditor list. Select the appropriate radio button and click Next.

15. If you indicated that you are adding new creditors or parties:

a. A message is displayed. Click Next to go to the screen that allows you to add the new creditors or parties. You can do this by either typing the names and addresses individually (or copy-pasting them in) and clicking Next, or uploading a text file containing only the added creditors/parties. How to prepare a text file for uploading

b. A Notice to Added Creditors must be sent to them and a Certificate of Service filed with the Court. Select appropriate radio button to show whether or not this was done and click Next. (For further information on this requirement, see instructions for filing Amended Schedules)

c. The Amendment Fee due is displayed. Click Next.

16. One or two screens of statistical information are displayed. Input all information and click Next on each screen.

17. If you indicated that you are filing a Statement of Financial Affairs, you are asked if it is amendment to a previously filed Statement of Financial Affairs. Select the appropriate radio button and click Next.

18. If you indicated that you are filing a Statement of Intention, you are asked if it is amendment to a previously filed Statement of Intention. Select the appropriate radio button and click Next.

19. Final docket text is displayed. Click Next.

20. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.


All remaining documents should be filed separately using the relevant instructions for that document type. The most common document types are shown below:

Overview of Case Filing Options

Official Procedure Last Change March 22, 2022

Overview of Case Filing Options

There are three options to choose from when filing a new case:

1.  Electronic filing using the Court's web site: Using the Court's CM/ECF system, the attorney creates PDF files of documents and a text file of the creditor list in his or her bankruptcy software or word processing program.  The attorney then points his or her browser to the court's web site and logs on and files a case following the screens.

2.  Bankruptcy Software's ECF Filing System: Most bankruptcy software programs have a system that allows the attorney to submit files without going through any question-and-answer screens on the court's web site.  It makes the entire electronic filing process easier and faster for attorneys and their staff, integrating the ECF upload process with attorney's bankruptcy forms software.  This is basically how it works:  The user first enters case information, then clicks the "ECF Filing" button (or something similar) to create all electronic files at once:  a PDF of the Petition and Schedules, a separate PDF of the Chapter 13 Plan, if applicable, a text file of the creditor address list, and a text file of the debtor information.  After reviewing these files through an ECF Manager, the user clicks the "Filing" button, inputs the ECF login name and password, and then clicks "File Case" and it is filed.

Note:  Contact your bankruptcy software vendor regarding the possibility of including the Statement of Social Security Number, Certificate of Credit Counseling, Means Test, and Pay Advices/Statement in Lieu as part of the auto-filing process.  If you are unable to include these documents with the auto-filing process, you must file them separately, following the appropriate step-by-step instructions provided in this Procedures Manual.

3. Non-electronic filing: This option is only available for debtors filing without an attorney. The necessary documents, filing fee and diskette/CD/USB drive can be mailed in to the court or brought into the Clerk's office for filing over the counter. View acceptable methods of payment if a filing fee is due.

The Bankruptcy Court for the Southern District of Indiana does not support the Case Upload option available in some courts.

Prior Filings

Official Procedure Last Change September 30, 2013

Prior Filings

Prior case was discharged

If a debtor received a discharge on a prior bankruptcy case, they may not be able to receive a second discharge on a new case if sufficient time has not passed between the two cases. The actual bar time varies depending on the chapters of the previous and current case, as shown in the following table (times shown are from filing date of prior case to filing date of new case):

Chapter of new case Chapter of prior case To be eligible for a discharge in the new case, you will have to wait...
7 7 8 years
7 11 8 years
7 12 6 years**
7 13 6 years**
11 7 No limitation
11 11 No limitation
11 12 No limitation
11 13 No limitation
12 7 No limitation
12 11 No limitation
12 12 No limitation
12 13 No limitation
13 7 4 years
13 11 4 years
13 12 4 years
13 13 2 years

** There are certain exceptions that apply to these combination of chapters. Consult the Bankruptcy Code for more information.

Prior case was dismissed

If a prior bankruptcy case was dismissed one year or less prior to the filing of the new case, the automatic stay will terminate on the 30th day after the filing of the current case, unless a Motion to Extend Automatic Stay is filed and granted.

If two or more prior bankruptcy cases were dismissed one year or less prior to the filing of the new case, the automatic stay will not go into effect on the current case, unless a Motion to Impose Automatic Stay is filed and granted.

Current case is being converted

A converted case is only eligible to receive a discharge in the new chapter if the waiting requirements as shown in the table above are met for the chapter to which the case is converting. This is calculated from filing date to filing date (not date of conversion).

E.g.:

2001 2006 2007
Chapter 7 case filed, discharged

Chapter 13 case filed

OK - it's more than 4 years after the original filing

Converts to Chapter 7

Will not be eligible for discharge - the current case was filed 5 years after the filing date of the original Chapter 7. Therefore, the 8 year bar applies. The only way to get a Chapter 7 discharge would be to dismiss this case and file another Chapter 7 in 2009, (8 years after filing date of the 2001 case).

Current case is being transferred from another court or division within this court

The transferred case and the case from which it was transferred do not count as different filings. Therefore, time differences between the original date of filing of the current case and date of transfer need not be considered.

Current case is a joint case that is being split into two cases

Likewise, the new case created by the debtor that got split off does not count as another filing. Therefore, time differences between the original date of filing of the joint case and the date it was split into two separate cases need not be considered.

Required Lists

Official Procedure Last Change March 22, 2022

Required Lists

The following documents must be filed separately and not included in the same PDF as the Petition:

Due at the time of filing of the Petition (minimum filing requirements): Ch7 Ch11 Ch12 Ch13
  • Filing Fee

If the fee is to be paid in installments or the debtor requests a waiver of the fee, the debtor must be an individual and must file a signed application for court approval. Official Form B 103A or B 103B

Schedule of Current Bankruptcy Fees

View acceptable methods of payment if a filing fee is due

FRBP 1006(b) & (c)

X X X X
  • Voluntary Petition (Official Form B 101 for individual cases or B 201 for non-individuals)
    • Must include names and addresses of all creditors.   
    • If the debtor is not an individual or a governmental unit, Statement of Corporate Ownership must be included. All but the last four digits of the debtor's social security number must be redacted.
X X X X

Individual debtors only:

X X X X
  • Creditor list (on diskette, CD, or uploaded electronically). S. D. Ind. B-1007-1(b)
X X X X
  • List of Creditors holding the 20 largest unsecured claims (Official Form B 104 for individual cases or B 204 for non-individuals). FRBP 1007(d)
  X    
  X    
  • Statement of Social Security Number (Official Form B 121). Required if the debtor is an individual.  FRBP 1007(f)
X X X X

Due within 7 days of filing of the Petition:

Ch7 Ch11 Ch12 Ch13

Small Business Chapter 11 cases only:

  • Small Business Balance Sheet, Statement of Operations, Cash Flow Statement and Tax Return. 11 USC 1116 (1). All of these documents must be signed by the debtor/debtor's attorney.

A Statement in Lieu may be filed in place of any or all of the above documents.

  X    

Due within 14 days of filing of the Petition:

Ch7 Ch11 Ch12 Ch13

Individual debtors only:

  • Certificate of Credit Counseling - due with Petition unless debtor has indicated in their Voluntary Petition that the debtor has received counseling but does not have certificate. In this case, the certificate is due within 14 days.
X X X X

Individual debtors only:

  • Schedules A/B-J and Declaration under Penalty of Perjury (Official Form B 106). FRBP 1007(b) & (c)
  • A Summary of Your Assets and Liabilities and Certain Statistical Information (Official Form B 106 Summary)
X X X X

Non-Individual debtors only:

  • Schedules A/B and D-H (Official Form B 206), Income & Expense Statement (Sample form) and Declaration under Penalty of Perjury (Official Form B 202). FRBP 1007(b) & (c)
  • A Summary of Your Assets and Liabilities (non-individuals) (Official Form B 206 Summary)
X X X X
X X X X
  • Statement of financial affairs (Official Form B107 for individual cases or B 207 for non-individuals). FRBP 1007 (b) & (c)
X X X X
  • Names and address of equity security holders of the debtor. (Required for corporate Chapter 11 debtors only). FRBP 1007(a)(3)
  X    
X      
  X    
      X
  • Copies of all payment advices or other evidence of payment received by the debtor from any employer within 60 days before filing of the petition, OR Statement in Lieu of Pay Advices. Required if the debtor is an individual. FRBP 1007(b) & (c). 

Note: It is not sufficient to file a document stating that pay advices were mailed to the Trustee. Copies of pay advices, if available, must be filed with the Court.

X X X X
  • Statement disclosing compensation paid or to be paid to the attorney for the debtor (Official Form B 2030) (if the debtor has an attorney). 11 USC 329, FRBP 2016(b)
X X X X
  • Statement disclosing compensation paid or to be paid to a "bankruptcy petition preparer” as defined in 11 USC 110 if a paid petition preparer was used (Official Form B 2800). 11 USC 110(h)
X X X X
  • Bankruptcy Petition Preparer's Notice, Declaration and Signature (Official Form B 119) if a paid petition preparer was used.
X X X X
  • Notice to Individual Consumer Debtor (Required if the debtor is an individual with primarily consumer debts, the debtor has an attorney, and that attorney has not signed Exhibit B) (Official Form B 2010)
X X X X
  • Chapter 13 Plan. Use of the Model Plan approved by the Southern District of Indiana is required by S. D. Ind. B-3015-1. FRBP 3015
      X

Due 7 days before the date first set for the Section 341 meeting of creditors:

Ch7 Ch11 Ch12 Ch13
  • Provide to the trustee, a copy of the Federal income tax return (or transcript of return) for the most recent tax year ending before filing. 11 USC 521(e).
  • Provide to the trustee other documents required pursuant to S. D. Ind. B-4002-1 and the Chapter 7 Uniform Document Production List

Note:  Unless ordered to do so under 11 USC 521(f), debtors should NOT file tax returns with the Court. Tax information required under 11 USC 521(e)(2) should be provided directly to the trustee and any requesting creditor.

X      

Due within 30 days of filing of the Petition or on the date of the meeting of creditors, whichever is earlier:

Ch7 Ch11 Ch12 Ch13
  • Statement of intention regarding secured property (Official Form B 108). Required only if the debtor is an individual and the schedule of assets and  liabilities contains debts secured by property of the estate or personal property subject to an unexpired lease. 11 USC 362(h) and 521(a)(2).
X      

Due within 90 days of filing of the Petition:

Ch7 Ch11 Ch12 Ch13
  • Chapter 12 Plan. 11 USC 1221.
    X  

Due before the discharge is granted:

Ch7 Ch11 Ch12 Ch13
X     X

 

Small business cases

Official Procedure Last Change July 15, 2021

Small business cases

  • 11 USC 101(51c), (51d), 308(b), 1102(a)(3), 1116, 1121(e), 1125(f), 1129(e)
  • FRBP 1020, 3017.1
  • S. D. Ind B-3017-2

General Information

Any individual or non-individual Chapter 11 debtor who satisfies the definition of “small business debtor” can request to be treated as a small business case. Determination of whether a debtor is a "small business debtor" requires application of a two-part test:

  • The debtor must be engaged in commercial or business activities (other than primarily owning or operating real property) with total non-contingent liquidated secured and unsecured debts of $2,490,925 or less.
  • The debtor's case must be one in which the U.S. trustee has not appointed a creditors' committee, or the court has determined the creditors' committee is insufficiently active and representative to provide oversight of the debtor.

Small business cases are overseen more directly by the U.S. Trustee, and generally proceed more quickly than non-small business cases. Any party can ask the court to order that a creditors’ committee not be appointed.

The following apply to small business cases:

Required documents

The following are required to be filed on small business cases, either along with the filing of the petition or 14 days after:

  • Balance sheet
  • Cash flow statement
  • Tax returns
  • Statement of operations

The deadline for filing these can be extended by means of a Motion to Extend Time to File Schedules. If one or more of these documents is unavailable, the debtor must file a statement in lieu.

Deadline for filing initial case documents

If a Motion to Extend Time to File Schedules is filed, the maximum extension allowed by law is a total of 30 days from the date of filing of the petition, not 45 days as is allowable for non-small business cases.

Plans and disclosure statements

The plan and disclosure statement process can be streamlined. Consult Fed.R.Bankr.P. 3017.1 and S. D. Ind B-3017-2. If the debtor wishes to use one of the streamlining options, a Notice of Proposed Expedited Processing of Small Business Chapter 11 Plan must be filed. This Notice is not required to be filed in Subchapter V cases, and disclosure statements do not apply.

Deadlines related to the filing and confirmation of the plan in small business cases are somewhat different from non-small business cases and should be investigated thoroughly.