Documents Needed to File Chapter 13 in Montgomery, Alabama

By Timothy Mucciante

The documents you need to file for a Chapter 13 bankruptcy in Montgomery, Alabama must be filed on a timely basis, otherwise your bankruptcy may be dismissed. After the initial petition filing, a specific timeline must be followed for the filing of the other schedules and documents. Bankruptcy filing requirements are governed by federal law, and the documentation requirement is the same in every state. The documents needed for a Montgomery bankruptcy filing are listed in the federal bankruptcy law, federal bankruptcy procedural rules and local bankruptcy rules.

The documents you need to file for a Chapter 13 bankruptcy in Montgomery, Alabama must be filed on a timely basis, otherwise your bankruptcy may be dismissed. After the initial petition filing, a specific timeline must be followed for the filing of the other schedules and documents. Bankruptcy filing requirements are governed by federal law, and the documentation requirement is the same in every state. The documents needed for a Montgomery bankruptcy filing are listed in the federal bankruptcy law, federal bankruptcy procedural rules and local bankruptcy rules.

Initial Documents

A bankruptcy petition may be filed initially without all of the required supporting documentation and schedules. An automatic stay is issued by the court when your bankruptcy is filed. This stay stops all collection activities against you by your creditors. You must file a list of all your creditors with the bankruptcy petition form, together with Exhibit D to the petition, which is called Individual Debtor’s Statement of Compliance with Credit Counseling Requirement and the Statement of Social Security Number. You must also pay the filing fee.

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Local Rules

According to Middle District of Alabama Local Rule 1006-1, the filing fee must be paid in full, or the first installment of the filing fee must be paid along with a motion to pay the filing fee in installments. Local Rule 1017-1 specifies the method by which your case may be dismissed, if you do not provide all the required documents and schedules. Local Rule 3015-1 tells you how to file your proposed repayment plan, which should look like Local Form 3. All local rules and forms are available on the Montgomery bankruptcy court's website.

Supporting Documents

If not filed with the bankruptcy petition, the federal bankruptcy code requires that these documents and schedules be filed within 14 days of the bankruptcy filing --a schedule of assets and liabilities, a statement of your financial affairs, pay stubs for the 60 days before the petition filing, a statement showing your monthly net income (after taxes are taken out), and a statement of any possible increase in either your expenses or income for one year after you file the bankruptcy. You must also file a proposed repayment plan within 14 days of the petition filing.

Final Documents

You must provide your most recent tax return to the trustee at least seven days before the first meeting of creditors. Your tax returns for the prior four years must be given to the trustee at least one day before the first meeting of creditors. The Montgomery U.S. Bankruptcy Administrator website has instructions for furnishing tax returns to the trustee. You will be notified of the date and time for the first meeting of creditors, at which you must be present. You must take a financial management course, and the course completion certificate is filed with your motion for discharge.

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Are Bank Records Checked in Bankruptcy?

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About Bankruptcy Qualifying Rules

Congress made changes to the Bankruptcy Code in 2005 to address concerns regarding perceived abuse of the bankruptcy process by individuals. Referred to as the Bankruptcy Abuse Prevention and Consumer Protection Act, these changes have made it more difficult to qualify for personal bankruptcy. Now, you must satisfy certain criteria and complete credit counseling before you are eligible to file for personal bankruptcy.

How Long Before Debt is Discharged After Bankruptcy?

A bankruptcy discharge is available to you at the completion of your bankruptcy case. Your debt is erased when you receive the bankruptcy discharge, and the debt is no longer enforceable. However, when you receive a bankruptcy discharge will depend on whether you file for Chapter 7 or Chapter 13 bankruptcy, the two most common forms of personal bankruptcy.

How to Amend a Discharged Chapter 7 Bankruptcy

Chapter 7 bankruptcy is referred to as a liquidation bankruptcy because your nonexempt assets are sold by a court-appointed trustee to pay your creditors. After all of your eligible assets are liquidated, you receive a discharge of any remaining debt owed to the creditors listed in your bankruptcy petition. However, if you forgot to list a creditor or asset, or were unaware of a debt owed or asset owned at the time you filed for bankruptcy, you may be able to reopen your case to include these items.

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