Chapter 7 and Chapter 13 are the primary bankruptcy filings for individuals in the United States. Both Chapter 7 and 13 bankruptcy in Arizona comes under the jurisdiction of the United States Bankruptcy Code (Title 11, United States Code), the Federal Rules of Bankruptcy Procedure, and the Local Rules for the United States Bankruptcy Court in the District of Arizona. Bankruptcy rules can be divided into three parts: before filing, when you file and after filing. It is critical to consult an attorney.
Self-Help Centers for Bankruptcy Rules
According to the United States Bankruptcy Court for the District of Arizona, bankruptcy courts in Arizona are located in Tucson, Phoenix and Yuma. Walk-in Self Help Centers are located in the bankruptcy court in Phoenix and in Tucson. The Self Help Centers provide people with information about bankruptcy rules in Arizona specifically. Individuals with questions about bankruptcy rules can consult with volunteer attorneys from the Bankruptcy Section of the State Bar of Arizona free of charge for approximately 20 to 30 minutes.
Credit Counseling
Credit counseling from a United States trustee-approved credit counseling agency must be completed within 180 days before you file for Chapter 7 or Chapter 13 bankruptcy, according to the United States Bankruptcy Court for the District of Arizona. Failure to complete the credit counseling course before the bankruptcy filing could result in your bankruptcy case being dismissed, according to the United States Bankruptcy Court for the District of Arizona.
Rules for Documents for Chapter 7 and 13
According to the United States Bankruptcy Court for the District of Arizona, a mailing list of creditors must accompany the petition for Chapter 7 or 13 bankruptcy in Arizona. If it is not filed with the petition, the creditor mailing list must be filed within seven days of filing the petition. A statement of Social Security number must accompany the petition or be filed within seven days in Arizona.
The required credit counseling certificate must be filed within seven days of the bankruptcy petition. The following documents must be filed within 14 days of the Chapter 7 or 13 petition if it is not attached to the original petition: Schedules A through J and Summary, Statement of Financial Affairs, Statement of Intention, Statement of Current Monthly Income and Means Test, and Declaration of Evidence of Employers' Payments within 60 days.
All of these forms are available at the Clerk's Office in Arizona. For a Chapter 13 bankruptcy filing in Arizona, a Chapter 13 Plan must accompany the petition or be filed within 14 days, according to the United States Bankruptcy Court for the District of Arizona.
Bankruptcy Filing Fees
According to the Local Rules of Bankruptcy Procedure for the District of Arizona effective January 1, 2010, these local rules modify the Federal Rules of Bankruptcy Procedure. If the individual filing for bankruptcy in the district of Arizona cannot pay the full filing fee at the time of petition, a minimum fee of $50 must accompany the bankruptcy petition. If the individual filing for bankruptcy cannot pay the minimum down payment of $50 at the time of petition, the $50 is to be paid within 14 days of filing or the case will be dismissed.
.
Filing Requirements
According to the Local Rules of Bankruptcy Procedure for the District of Arizona effective January 1, 2010, if the individual debtor does not file electronically, an original and four copies of a Chapter 13 plan; an original and four copies of a disclosure statement of compensation paid to the attorney of the debtor; and an original and four copies of the application for payment of the filing fee in installments are required. According to the Local Rules of Bankruptcy Procedure for the District of Arizona, if the individual debtor is self-employed, a statement of financial affairs and a current and ongoing monthly operating reports must be filed. Under local rules, if documents are not filed on time, the Chapter 13 trustee can recommend dismissal of the case.
Tags: United States, States Bankruptcy, United States Bankruptcy, Bankruptcy Court, States Bankruptcy Court, Bankruptcy Court District, Court District
