DIY Bankruptcy (pro se or self-represented)

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Your bankruptcy paperwork tells a story that is based upon factual information that is relied upon by the  United States Bankruptcy Court, the United States Trustee, and the Chapter 7 Bankruptcy Trustee in determining your eligibilty for a chapter 7 discharge.  The information you provide must be accuarate and backed up by supporting documentation. 

The first step in filing chapter 7 bankruptcy is to gather up your supporting documentation which will include some or all of the documents from the following list:

• Drivers License & Proof of Social Security Number
• Consumer Credit Counseling Certificate
• Any prior bankruptcy cases filed by you or a spouse
• Home Valuation (ie, a Zillow printout)
• Mortgage Statements
• Kelly Blue Book Valuations for Your Vehicles
• Vehicle Registration and Proof of Insurance
• Bank Statements
• Retirement Statements (401K, IRA, etc)
• Stocks, Bonds, Cryptocurrency Statements
• Life Insurance Policies
• Credit Reports (Experian, Equifax, Trans Union)
• Copies of Collection Letters, Medical Bills, Lawsuits, etc.
• Prior 7 months of paystubs
• Profit and Loss Statement for the Self Employed
• Utility and other bills
• Last Two Years of Tax Returns

Have these documents ready and organized before you start preparing your bankrupty forms will make the process go more smoothly.

All individual chapter 7 debtors, subject to certain exceptions, are required to complete a Consumer Credit Counseling Course and obtain a Consumer Credit Counseling Certificate prior to filing bankruptcy. 

There are many approved providers to choose from. The Doan Bankruptcy Attorneys utilize the services of www.accessbk.org for both the pre-filing consumer counseling class, as well as the post-filing personal financial managment course.

Your Chapter 7 Bankruptcy Case will generally consist of the following documents and forms, plus or minus any additional forms required by your local jurisdiction:

• Form 101 Voluntary Petition
• Statement of Related Cases (Central Disctrict of CA - Local Rule 1015-2)
• Form 106Sum Summary of Assets and Liabilities
• Schedule A/B - Property
• Schedule C - Property You Claim as Exempt
• Schedule D - Creditors Who Have Claims Secured by Property
• Schedule E/F - Creditors Who Have Unsecured Claims
• Schedule G - Executory Contracts and Unexpired Leases
• Schedule H - Your Codebtors
• Schedule I - Your Income
• Schedule J - Your Expenses
• Form 106Dec Declaration About an Individual Debtor's Schedules
• Form 107 Statement of Financial Affairs
• Form 108 Statement of Intention for Individuals Filing Under Ch. 7
• Form 2010 Notice to Individual Debtor
• Form 2030 Compensation Statement of Attorney for the Debtor(s)
• Form 122A Statement of Current Monthly Income/Means Test
• Verification of Creditor Mailing List (CDC Local Version)
• Creditor Address Matrix
• Consumer Credit Counseling Certificate
• Certification of Employment
• Statement of Social Security Number

Most United States Bankruptcy Courts offer downloadable forms. The Central District of California, for example, provides a link to download a complete Chapter 7 Petition Package which includes instructions on how to fill out your forms.  

Be sure to check with your local bankruptcy court to make sure you have all the ancillary forms required by your jurisidiction. And finally, hang on to these items because you may need to submit some of them to the bankrutpcy trustee after your case has been filed.

Self-represented debtors must print their forms and physically deliver them to the office of the clerk of the local United States Bankruptcy Court. Check with your local clerk as to how many copies you need to bring, if any. 

Self-represented debtors may also access eSR - Electronic Self-Representation Bankruptcy Petition Preparation System for Chaper 7 and Chapter 13, which is an online tool that helps indviduals prepare their bankruptcy forms. Click here for a demonstration.

All individual chapter 7 debtors, subject to certain exceptions, are required to complete a Personal Financial Management Course and obtain a Certificate of Completion of Personal Financial Management Course after filing bankruptcy. It is advisable to complete the class and file the certificate within  a few days of the filing of your bankruptcy case. 

There are many approved providers to choose from. The Doan Bankruptcy Attorneys utilize the services of www.accessbk.org for both the pre-filing consumer counseling class, as well as the post-filing personal financial management course.

When you file chapter 7 bankruptcy, the bankruptcy trustee assigned to your case will receive an electronic version of all the bankruptcy forms filed in your case. In addition to your bankruptcy forms, trustees may request supporting documentation including bank statements, mortgage statements, proof of insurance, retirement statements, etc.  You will also be requried to complete a questionnaire prior to the 341 meeting of creditors.

Your bankruptcy forms included Form 108 Statement of Intention for Individuals Filing Under Chapter 7. This form is usually filed with all of your other bankruptcy forms, although the Bankruptcy Code does allow you to file it within 30 days of your bankrutpcy petition or on or before the date of the 341 meeting of creditors, whichever is earlier.

Form 108 indicates what your intentions are as to debts secured by collateral, such as a car loan, home loan, solar panel loan, etc.  With respect to such collateral, 11 USC 521 requires you to:

1. surrender the collateral back to the creditor and discharge any personal liability;
2. reaffirm the debt and retain the collateral in exchange for continued personal liability on the original debt;
3. redeem the collateral by paying the current fair market value in a lump sum; or
4. some other treatment. For example, a non-purchase money security interest may be avoided or stripped away in the event the property is for household purposes and is otherwise fully exempt. Under this scenario, you terminate the creditor's security interest and  keep the property.

11 USC 521(2)(B) requires you to perform your intentions with reespect to such property within 30 days of your meeting of creditors. 

All debtors are required under 11 U.S. Code § 341 to attend a meeting of creditors and equity security holders where the bankruptcy trustee will examine you under oath and ensure that you are aware of:

1. The potential consequences of seeking a discharge in bankruptcy, including the effects on credit history;
2. The debtor's ability to file a petition under a different chapter of this title;
3. The effect of receiving a discharge of debts under this title; and the effect of reaffirming a debt, including the debtor's knowledge of the provisions of section 524(d) of this title.

Historically, the meetings took place in a meeting room at the bankruptcy court or another suitable location. However, since the Corona panic, many jurisdictions continue to conduct such meetings via telephone or Zoom.

You will be given ample notice of your meeting.  Your failure to appear at your meeting of creditors may result in the dismissal of your bankruptcy case.

After the conclusion of your meeting of creditors, creditors have 60 days to object to the discharge of their debt. They do not do this unless they have evidence that you may have committed fraud as to their debt or believe you committed fraud against the bankruptcy court.

In most cases where your bankruptcy forms were properly and accurately completed and submitted, your supporting documents were timely submitted to the trustee, and you otherwise complied with your requirements as a debtor, you should receive your bankruptcy discharge within 2 1/2 to 3 months after the conclusion of your 341 meeting of creditors.