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What Forms Do I Need to File for Bankruptcy in California?

On Behalf of | Apr 18, 2017 | Firm News

Each California bankruptcy case formally begins with a document known as the “voluntary bankruptcy petition,” regardless of whether the debtor is filing under Chapter 13 (wage earner’s plan, reorganization) or Chapter 7 (straight bankruptcy, liquidation). However, while the bankruptcy petition gets the process started, the debtor will also need some additional forms in order to successfully complete the case and obtain a discharge. Our Roseville bankruptcy attorneys list some of the bankruptcy papers and legal documents a debtor may need to complete their case in California. The exact forms each debtor will file depend on his or her financial circumstances, the type of bankruptcy being declared, and other factors, which is one of the reasons it is so important to be represented by an experienced lawyer.

List of Forms for Debtors Filing Bankruptcy in CA

Not every debtor will need to file all of the following forms in order to receive a bankruptcy discharge. For example, a debtor under Chapter 7 will not be required to file Form B 2300B (Order Confirming Chapter 13 Plan), for obvious reasons. To provide another example, there are many Chapter 7 debtors who choose not to file Form B 103B, which is a voluntary application to have the Chapter 7 filing fee of $335 waived. Likewise, only members of the U.S. Armed Forces need concern themselves with Form B 2020 (Statement of Military Service). Your Chapter 7 bankruptcy lawyer or Chapter 13 bankruptcy attorney will analyze your debts, assets, income, and other factors, such as whether you are filing jointly or individually, in order to determine which forms need to be filed and signed, where, and on what dates.

Debtors should keep in mind that failure to submit the necessary documents with complete, accurate, and up-to-date information could cause detrimental delays, or even result in the dismissal of your case by the U.S. Bankruptcy Court for the Eastern District of California, Sacramento Division. If you are suspected of intentionally submitting incomplete or false information on your bankruptcy papers – for example, intentionally concealing assets or failing to list creditors – you could even be prosecuted for fraud.

With that information in mind, California bankruptcy forms include the following documents:

  • Means Testing Forms
    • Form B 122A-1 – Chapter 7 Statement of Your Current Monthly Income
    • Form B 122A-2 – Chapter 7 Means Test Calculation
    • Form B 122B – Chapter 11 Statement of Your Current Monthly Income
    • Form B 122C-1 – Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period
    • Form B 122C-2 – Chapter 13 Calculation of Your Disposable Income

It is unusual for individual debtors to file under Chapter 11, which is more commonly used by corporations, limited liability companies (LLCs), and other business entities. However, regardless of whether you are a business owner or simply an individual whose financial circumstances happen to be suited to Chapter 11, our Chapter 11 bankruptcy attorneys can help you through the process.

  • Bankruptcy Forms for Individual Debtors
    • Form B 106Dec – Declaration About an Individual Debtor’s Schedules
    • Form B 106Sum – Summary of Your Assets and Liabilities
    • Form B 106A/B – Schedule A/B: Property
    • Form B 106C – Schedule C: The Property You Claim as Exempt
    • Form B 106D – Schedule D: Creditors Who Hold Claims Secured by Property
    • Form B 106 E/F – Schedule E/F: Creditors Who Have Unsecured Claims
    • Form B 106G – Schedule G: Executory Contracts and Unexpired Leases
    • Form B 106H – Schedule H: Your Codebtors
    • Form B 106I – Schedule I: Your Income
    • Form B 106J – Schedule J: Your Expenses
    • Form B 107 – Your Statement of Financial Affairs for Individuals Filing for Bankruptcy
    • Form B 121 – Your Statement About Your Social Security Numbers
  • Additional Forms for Chapter 7 Debtors
    • Form B 108 – Statement of Intention for Individuals Filing Under Chapter 7
    • Form B 318 – Discharge of Debtor in a Chapter 7 Case
  • Additional Forms for Chapter 13 Debtors
    • Form B 2830 – Chapter 13 Debtor’s Certifications Regarding Domestic Support Obligations
    • Form B 3180W – Chapter 13 Order of Discharge (or Form B 3180WH, which is used for Chapter 13 hardship discharges)

Where Can I Get Bankruptcy Forms for Chapter 7 or Chapter 13?

All of the bankruptcy forms listed above are available on the internet and can be individually downloaded from the official website of the United States Courts. Alternately, debtors in the Roseville, Sacramento, or Folsom area can download bankruptcy forms by following three steps:

  • Visit the website for the U.S. Bankruptcy Court for the Eastern District of California at caeb (dot) uscourts (dot) gov.
  • Scroll down to the section on “Court Information” and click the “Filing and Fee Information” link.
  • Click on the link to “Forms Package” and wait for the documents to download.

Contact Our CA Bankruptcy Lawyers for a Free Consultation

The Bankruptcy Group assists individual debtors, married couples, and business owners file for bankruptcy in the Sacramento area. If you’re thinking about filing for bankruptcy in California, our Folsom Chapter 7 lawyers, Sacramento Chapter 7 lawyers, or Folsom Chapter 13 attorneys can help. For a free and confidential legal consultation about personal bankruptcy or business bankruptcy in California, contact our law offices at 888-710-4334 today.