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The following are required to start the bankruptcy (minimum filing requirements):
- Voluntary petition (Form 101) Must be signed by the debtor(s). Pro se debtors must include a day time phone number with area code.
- Creditor Matrix may be submitted in paper form. If you are filing a new case in person at the Bankruptcy Court you can type up and submit the mailing matrix at one of the public access computers at the counter via this link.
- Statement of Social Security Number(s) (Form 121) signed by debtor(s). Non-debtor spouse information should be added to Form 121. Privacy Notice
- Certificate of credit counseling and debt repayment plan if any. Visit the U.S. Trustee's site to find information on credit counseling and debtor education.
- Initial Statement About an Eviction Judgment Against You (Form 101A) and Statement about Payment of an Eviction Judgment Against You (Form 101B)
- Filing fee, or an application to pay filing fees in installments, (Form 103A) or a fee waiver (Form 103B). Qualifying for a fee waiver.
- Fees may be paid in Madison ONLY by cash, money order, or cashier's check. Personal checks will not be accepted. Make all fees payable to: U.S. Bankruptcy Court.
- Eau Claire Office does not accept payments
Bankruptcy Petition Preparers Only
- Form 119 - Bankruptcy Petition Preparer's Notice, Declaration and Signature
- Form 2800 - Disclosure of Compensation of Bankruptcy Petition Preparer
Due within 14 calendar days after filing the voluntary petition:
- Copies of all payment advices (eg. pay stubs) or other evidence of payment received by the debtor from an employer within 60 days before filing the petition. Payment Advices Cover Sheet
- Summary of Your Assets and Liabilities and Certain Statistical Information (Form 106Sum)
- Schedule A/B - Property (Form 106A/B)
- Schedule C - The Property You Claim as Exempt (Form 106C)
- Schedule D - Creditors Who Have Claims Secured by Property (Form 106D)
- Schedule E/F - Creditors Who Have Unsecured Claims (Form 106E/F)
- Schedule G - Executory Contracts & Unexpired Leases (Form 106G)
- Schedule H - Your Co-debtors (Form 106H)
- Schedule I - Your Income (Form 106I)
- Schedule J - Your Expenses (Form 106J)
- Schedule J-2 - Expenses for Separate Household of Debtor 2 (Form 106J-2)
- Declaration About an Individual Debtor's Schedules (Form 106Dec)
- Statement of Financial Affairs for Individuals Filing for Bankruptcy (Form 107)
- Chapter 7 Statement of Your Current Monthly Income (Form 122A-1)
ALERT-The National Guard and Reservists Debt Relief Act of 2008 became effective December 19, 2008. The Act provides a temporary exclusion for Chapter 7 debtor(s) from the bankruptcy means test for Reservists and members of the National Guard called for no less than 90 days to active duty or homeland defense activity following September 11, 2001.The amendment applies only to cases commenced in the three-year period beginning on the effective date of the Act.
Meeting of Creditors (341 Meeting)
Notice of bankruptcy case filing, meeting of creditors, & deadlines will be sent to the debtor and all creditors listed on the matrix within 7 to 10 business days. The debtor (both spouses in a joint case) must be present at the meeting to be questioned under oath by the trustee and by the creditors. Pro se debtors should also be familiar with Bankruptcy Code § 521, Rule 4002 of the Federal Rules of Bankruptcy Procedure.
- Due 7 days before the date set for the Section 341 meeting of creditors: Provide the trustee with a copy of the Federal income tax return (or transcript of return) for the most recent tax year ending before filing.
- More information on the Office of the U.S. Trustee.
Due within 30 calendar days after filing the voluntary petition:
- Debtor's Statement of Intention (Form 108)
Due before the discharge is granted:
- Completion of financial management course
- Debtor's Certification of Completion of Financial Management Course (Form 423)