POST-FILING CHAPTER 7 CHECKLIST - Public Counsel - power of pro

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POST-FILING CHAPTER 7 CHECKLIST After you file your Chapter 7 case, there are several things you will have to do before you can receive a discharge: 1. Send a copy of your most recently filed federal tax returns to your Chapter 7 trustee. This must be done as soon as you file your case. Do NOT send your taxes to the bankruptcy court . Please refer to the attached sample court notice to see where to find the name and address of the trustee in your case. 2. If you did not file income taxes last year, or have not filed taxes in many years, you should complete a declaration similar to the attached sample declaration, and send it to the trustee. 3. Complete a course in personal financial management and receive a certificate of completion. A list of financial management course providers is attached. 4. File your certificate from the personal financial management course, along with Form B23, with the bankruptcy court. A blank Form B23 is attached. Do NOT give these forms to your Chapter 7 trustee . This must be done before your 341(a) hearing. 5. Attend your 341(a) hearing. 6. Attend your reaffirmation hearing, if you are reaffirming a debt. For more information, call the Debtor Assistance Project at (213) 385-2977, ext.704.

Transcript of POST-FILING CHAPTER 7 CHECKLIST - Public Counsel - power of pro

Page 1: POST-FILING CHAPTER 7 CHECKLIST - Public Counsel - power of pro

POST-FILING CHAPTER 7 CHECKLIST

After you file your Chapter 7 case, there are several things you will

have to do before you can receive a discharge:

1. Send a copy of your most recently filed federal tax returns to

your Chapter 7 trustee. This must be done as soon as you file your

case. Do NOT send your taxes to the bankruptcy court. Please

refer to the attached sample court notice to see where to find

the name and address of the trustee in your case.

2. If you did not file income taxes last year, or have not filed taxes

in many years, you should complete a declaration similar to the

attached sample declaration, and send it to the trustee.

3. Complete a course in personal financial management and receive a

certificate of completion. A list of financial management course

providers is attached.

4. File your certificate from the personal financial management

course, along with Form B23, with the bankruptcy court. A blank

Form B23 is attached. Do NOT give these forms to your

Chapter 7 trustee. This must be done before your 341(a) hearing.

5. Attend your 341(a) hearing.

6. Attend your reaffirmation hearing, if you are reaffirming a debt.

For more information, call the Debtor Assistance Project at (213) 385-2977, ext.704.

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Send copy of taxes to Chapter 7 trustee listed here

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Today’s Date

Trustee Name

Chapter 7 Trustee

Trustee Address

In re: Duck, Donald

Case Number: (Case Number)

341(a) Hearing Date: (Date of Hearing)

Dear Trustee (Last Name of Trustee):

Enclosed please find my declaration which explains why I have not filed

taxes, and therefore am unable to provide you with a copy of my most

recently filed tax returns as required by 11 U.S.C. 521(e)(2)(A).

Please feel free to contact me if you have any questions or concerns. I

can be reached at (123) 456-7890 or (234) 567-8901. You may also

contact me via email at [email protected].

Sincerely,

(Your signature)

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Please be aware that you need to check with a tax professional

regarding whether you are excused from filing taxes. We will not

be providing you advice on tax matters.

DECLARATION OF DONALD DUCK

In re: DONALD DUCK

Bankruptcy Case Number: 2:09:BK-12345-YY

I, DONALD DUCK, declare as follows:

I am the debtor in the above referenced bankruptcy case.

I have not filed taxes since (insert year).

In (insert year), I earned income less than ($ insert amount)

and was not required to file tax returns for that year.

I declare under penalty of perjury that the foregoing is true

and correct. I executed this document on the (insert date),

in (insert city), California.

(Your signature)

Donald Duck

Please be aware that you need to check with a tax professional

regarding whether you are excused from filing taxes. We will not

be providing you advice on tax matters.

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List of Credit Counseling Agencies Approved by the U.S. Trustee for the Central District of California

Please note: Internet courses are generally less expensive than phone, mail, or in-person courses

CREDIT COUNSELING CERTIFICATE (PRE-FILING ONLY)

Consumer Bankruptcy Counseling • consumerbankruptcycounseling.info Internet counseling ONLY • $5 cost for certificate

Abacus Credit Counseling • 800-516-3834 • abacuscc.org Phone and Internet counseling • Fee waiver available if you qualify

Cricket Debt Counseling • 866-719-0400 • cricketdebt.com Phone and Internet counseling • Fee waiver available if you qualify

CREDIT COUNSELING & DEBTOR EDUCATION CERTIFICATE (PRE/POST-FILING)

Debt Helper • 800-920-2262 • debthelper.com/bkonline Phone and Internet counseling • Fee waiver available if you qualify

DebtorWise • 800-870-2222 • debtorwise.org Phone and Internet counseling • Fee waiver available if you qualify

Springboard • 800-431-8456 • credit.org Phone and Internet counseling • Fee waiver available if you qualify

NovaDebt • 877-892-4557 (pre-filing) • 866-254-2660 (post-filing) • novadebt.org In-person, phone, and Internet counseling • Fee waiver available if you qualify

GreenPath Debt Solutions • 800-860-4220 • greenpathbk.com Phone and Internet counseling • Fee waiver available if you qualify

Clearpoint Credit Counseling Solutions • 877-412-2227 • bydesignsolutions.org In-person, phone, and Internet counseling • Fee waiver available if you qualify

DEBTOR EDUCATION CERTIFICATE ONLY (POST-FILING)

Sage Personal Finance • 800-516-2759 • sagepf.com Phone and Internet counseling • Free if you received a filing fee waiver from the court

123Debtor • 123debtor.com Internet counseling ONLY • Free if you received a filing fee waiver from the court

BE Adviser • beadviser.com Internet counseling ONLY • Free if you received a filing fee waiver from the court

Updated 3/23/2012

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B 23 (Official Form 23) (12/10)

UNITED STATES BANKRUPTCY COURT__________ District of __________

In re ______________________________________, Case No.___________________ Debtor

Chapter ___________

DEBTOR’S CERTIFICATION OF COMPLETION OF POSTPETITION INSTRUCTIONALCOURSE CONCERNING PERSONAL FINANCIAL MANAGEMENT

Every individual debtor in a chapter 7, chapter 11 in which § 1141(d)(3) applies, or chapter 13 case must file thiscertification. If a joint petition is filed, each spouse must complete and file a separate certification. Complete one of thefollowing statements and file by the deadline stated below:

’ I, ___________________________________________________, the debtor in the above-styled case, hereby (Printed Name of Debtor)certify that on _______________________ (Date), I completed an instructional course in personal financial management

provided by ___________________________________________________________, an approved personal financial (Name of Provider)

management provider.

Certificate No. (if any):_________________________________.

’ I, ___________________________________________________, the debtor in the above-styled case, hereby (Printed Name of Debtor)certify that no personal financial management course is required because of [Check the appropriate box.]:

’ Incapacity or disability, as defined in 11 U.S.C. § 109(h);’ Active military duty in a military combat zone; or’ Residence in a district in which the United States trustee (or bankruptcy administrator) has determined that

the approved instructional courses are not adequate at this time to serve the additional individuals who would otherwisebe required to complete such courses.

Signature of Debtor: _____________________________________

Date: _____________

_______________________________________________________________________________________________

Instructions: Use this form only to certify whether you completed a course in personal financial management. (Fed. R.Bankr. P. 1007(b)(7).) Do NOT use this form to file the certificate given to you by your prepetition credit counselingprovider and do NOT include with the petition when filing your case.

Filing Deadlines: In a chapter 7 case, file within 60 days of the first date set for the meeting of creditors under § 341 of the Bankruptcy Code. In a chapter 11 or 13 case, file no later than the last payment made by the debtor as requiredby the plan or the filing of a motion for a discharge under § 1141(d)(5)(B) or § 1328(b) of the Code. (See Fed. R. Bankr. P.1007(c).)