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Archive for April, 2013

The Bankruptcy Petition Coversheet

Posted by Peter Behrmann, Esq. On April 29th

The Bankruptcy Petition Coversheet  Bankruptcy Petition Cover Sheet

In the Eastern District of Michigan Local Bankruptcy Rule 1002-1(B) provides that a petition filed for bankruptcy shall be accompanied by a completed “Bankruptcy Petition Coversheet” available on the courts website. 

BK Coversheet

This Bankruptcy coversheet has to be signed by both you and your attorney and it has you list all companion cases that you have.  A companion case is any prior bankruptcies that you, your spouse or your business partner have been involved in.  The number one reason for the court having you complete this coversheets is the in the Eastern District of Michigan they have a policy of assigning your case to the same judge, or the preceding judge that handled your prior case.  The concept is that if the prior judge is familiar with your prior preceding, he or she might be best suited to handle your next bankruptcy matter.

The Bankruptcy Petition Coversheet also has you check several boxes and fill out several blanks if your bankruptcy you are filing is a Chapter 13.  These blanks involve you disclosing what your prior Chapter 13 Attorneys fees were, and also involve you certifying if you are eligible to receive a discharge in your Chapter 13 matter, or if you are filing your Chapter 13 bankruptcy to just reorganize with our requesting a discharge of your debts. 

 

Peter Behrmann is a Livonia Bankruptcy Attorney.  From my Livonia, Michigan location, I represent clients throughout Metro Detroit and beyond, including Garden City, Wayne, Westland, Redford, Dearborn, Taylor, Ann Arbor, Belleville, Northville, Novi, Farmington, Farmington Hills, Plymouth, Canton, and the Counties of Wayne, Oakland, Livingston, and Washtenaw. My practice is limited to helping consumers like you file Chapter 7 and Chapter 13 Bankruptcy.

The Bankruptcy Petition in Detroit

Posted by Peter Behrmann, Esq. On April 12th

The Bankruptcy Petition in DetroitBankruptcy Petition Cover Sheet

So you have decided to file bankruptcy.  You have decided to hire an attorney to fill out the “Bankruptcy Petition” for you and represent you throughout the bankruptcy process. Your attorney should fill out every form that is necessary for your file for the bankruptcy petition; however, below is the most common forms that need to be filled out in each bankruptcy case.  Together, they are the “Bankruptcy Petition” that is filed with the court.

The Bankruptcy Petition Includes:

  • The Bankruptcy Petition Cover Sheet
  • The Bankruptcy Petition (B1 Official Form 1 with Exhibits A – D.)
    • Exhibit A
    • Exhibit B
    • Exhibit C
    • Exhibit D
  • Schedule A – Real Property
  • Schedule B – Personal Property
  • Schedule C – Property Claimed as Exempt
  • Schedule D – Creditors Holding Secured Claims
  • Schedule E – Creditors Holding Unsecured Priority Claims
  • Schedule F – Creditors Holding Unsecured Nonpriority Caims
  • Schedule G – Executory Contracts and Unexpired Leases
  • Schedule H – Codebtors
  • Schedule I – Current Income of Individuals Debtors
  • Schedule J – Current Expenditures of Individual Debtors
  • Summary of Schedules
  • Statistical Summary of Certain Liabilities and Related Data
  • Declaration Concerning Debtor’s Schedules
  • Statement of Financial Affairs
  • Certification of Notice to Consumer Debtors Under Section 342(b) of the Bankruptcy Code
  • Statement of Attorney for Debtor(s) Pursuant to F.R.Bankr.P.2016(b)
  • Verification of Creditors Matrix
  • Means Test (Form 22A or 22C)
  • Statement of Social Security Number
  • Chapter 13 Plan (In Chapter 13 cases only)
  • Form 23

The most important rule when filling out any of these forms with your attorney is to fill the forms out completely and truthfully.  As you can see there are a lot of forms and when they are all complete the “Bankruptcy Petition” is a picture of your entire financial situation.  Your petition is how you prove to the bankruptcy court that you truly are in need of the financial relief of a bankruptcy discharge.

Peter Behrmann is a Livonia Bankruptcy Attorney.  From my Livonia, Michigan location, I represent clients throughout Metro Detroit and beyond, including Garden City, Wayne, Westland, Redford, Dearborn, Taylor, Ann Arbor, Belleville, Northville, Novi, Farmington, Farmington Hills, Plymouth, Canton, and the Counties of Wayne, Oakland, Livingston, and Washtenaw. My practice is limited to helping consumers like you file Chapter 7 and Chapter 13 Bankruptcy.