http://resources.lawinfo.com/en/Legal-FAQs/Filing-Bankruptcy/Federal/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Filing-Bankruptcy/Federal/if-i-file-for-bankruptcy-will-my-spouse-need-.html No.  In cases where both spouses have a lot of debt, a joint petition for a bankruptcy may be filed.  Only married individuals may file a joint petition.  A joint petition is a single petition on behalf of each spouse. Wed, 12 Dec 2007 00:12:15 GMT http://resources.lawinfo.com/en/Legal-FAQs/Filing-Bankruptcy/Federal/how-do-i-file-a-document-with-the-court.html Bankruptcy petitions, pleadings and other papers may be submitted for filing by mail or in person at the Clerk`s Office public counters. After completing, assembling, and two hole punching the top/center of the original and all copies of your bankruptcy papers, mail or deliver them to the appropriate divisional Clerk`s Office accompanied by the filing fee payment or a completed application to pay fees in installments. The Clerk`s Office will file stamp and return one copy to you. If your petition is mailed, you must include a self­addressed, stamped envelope of sufficient size to obtain your file stamped copy. Filing Bankruptcy FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Filing-Bankruptcy/Federal/ive-filed-for-bankruptcy-now-what.html As soon as your case is officially filed with the court you are granted an automatic stay. Creditors are legally prevented from attempting to collect on any debt owed to them by you. This means that creditors must stop all collection activity, including telephone calls, harassing letters, repossessions, foreclosures, lawsuits, and wage garnishments. Although the stay is automatic, creditors need to be advised of the stay. The court issues a notice to all creditors advising them of the filing of the bankruptcy. The creditors are informed of the following: the case number; the automatic stay; the date set for the creditor meeting; the deadlines for filing objections to the discharge of the debtor and; the deadlines for filing objections to the discharge of specific debts. The exact information that is required in the notice differs depending on the chapter under which the case is filed. Filing Bankruptcy FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Filing-Bankruptcy/Federal/is-there-a-limit-on-the-number-of-times-that-.html The time periods between bankruptcies depends on the type of the previous filing and the type of new filing.  If your new filing is a Chapter 7, you must wait eight (8) years from last filing of a Chapter 7, or six (6) years from last filing of Chapter 13.  If your new filing is a Chapter 13, you must wait four (4) years from last filing of Chapter 7 or two (2) years after a discharge of a previous Chapter 13 case. Filing Bankruptcy FAQs Sat, 15 Dec 2007 19:52:34 GMT http://resources.lawinfo.com/en/Legal-FAQs/Filing-Bankruptcy/Federal/what-are-claims-objections-.html You are entitled to object to any claim filed in your bankruptcy case if you believe the debt is not owed or if you believe the claim misrepresents the amount or kind of debt (e.g. secured or priority), which you owe. In some circumstances, an objection to claim can be initiated by filing a motion in the bankruptcy court; in other circumstances, it must be initiated by filing an adversary proceeding (like a lawsuit in your bankruptcy case). If you anticipate objecting to claims, you should seek the advice of an attorney as soon as possible since the objection process can be complicated and time sensitive. Filing Bankruptcy FAQs Wed, 12 Dec 2007 00:51:13 GMT http://resources.lawinfo.com/en/Legal-FAQs/Filing-Bankruptcy/Federal/what-documents-do-i-need-to-start-a-bankruptc.html Federal forms include: Form 1­­Voluntary Petition (2 pages), Form 6­­ Schedules A through J, Summary, and Declaration, Form 7­­ Statement of Financial Affairs, and Form 8 ­­Statement of Intention. In addition, you must file the appropriate local forms. Filing Bankruptcy FAQs Wed, 12 Dec 2007 00:44:07 GMT http://resources.lawinfo.com/en/Legal-FAQs/Filing-Bankruptcy/Federal/what-does-it-mean-if-a-case-is-dismissed.html A dismissal order ends the case. Upon dismissal the automatic stay ends and creditors may start to collect debts, unless a discharge is entered before the dismissal and is not revoked. An order of dismissal itself will not free the debtor from any debt. Often, a case is dismissed when the debtor fails to do something that is required (such as show up for the creditors` meeting, answer the trustee`s questions honestly, produce books and records the trustee requests), or if it is in the best interests of the creditors. Unless the debtor appeals the order or seeks reconsideration of the order within ten (10) days after entry of the order, the Clerk will automatically close the case. Filing Bankruptcy FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Filing-Bankruptcy/Federal/what-is-the-filing-of-claims-.html The written statement filed in a bankruptcy case setting forth a creditor`s claim is called a proof of claim. The proof of claim should include a copy of the obligation giving rise to the claim as well as evidence of the secured status of the debt if the debt is secured. Under the Federal Rules of Bankruptcy Procedure, with limited exceptions, claims filed by creditors, except governmental units, in chapter 7, 12 and 13 cases must be filed within ninety (90) days after the first date set for the meeting of creditors. If a creditor files a claim after the specified deadline, you may object to the claim as being untimely filed. For purposes of obtaining your discharge, it may be important for you to file a claim on behalf of a creditor if that creditor should fail to do so. Under the Federal Rules of Bankruptcy Procedure, you (or in chapter 7 and some 11 cases, the trustee) may file a proof of claim on behalf of a creditor within thirty (30) days after the last day for filing claims. Filing Bankruptcy FAQs Thu, 13 Dec 2007 17:17:25 GMT http://resources.lawinfo.com/en/Legal-FAQs/Filing-Bankruptcy/Federal/what-is-the-creditors-meeting.html A meeting of creditors is the single hearing all debtors must attend in any bankruptcy proceeding. It is held outside the presence of the judge and usually occurs between twenty (20) and forty (40) days from the date the original petition is filed with the court. In chapter 7, chapter 12, and chapter 13 cases, the trustee assigned by the court on behalf of the United States Trustee conducts the hearing. In chapter 11 cases where the debtor is in possession and no trustee is assigned, a representative of the United States Trustee`s office conducts the hearing. The hearing permits the trustee or representative of the United States Trustee`s Office to review the debtor`s petition and schedules with the debtor face­to­face. The debtor is required to answer questions under penalty of perjury concerning the debtor`s acts, conduct, property, liabilities, financial condition and any matter that may affect administration of the estate or the debtor`s right to discharge. This information enables the trustee or representative of the United States trustee`s Office to understand the debtor`s circumstances and facilitates efficient administration of the case. Additionally, the trustee or representative of the United States Trustee`s Office will ask questions to ensure that the debtor understand the positive and negative aspects of filing for bankruptcy. The hearing is referred to as the meeting of creditors because creditors are notified that they may attend and question the debtor about the location and disposition of assets and any other matter relevant to the administration of the case. However, creditors need not attend these hearings and, in general, are not considered to have waived any of their rights by failing to appear. The hearing usually lasts only a few minutes and may be continued if the trustee or representative of the United States Trustee`s Office is not satisfied with the information provided by the debtor. The trustee or representative of the United States Trustee`s Office may request that the bankruptcy case be dismissed if the debtor fails to appear and provide the information requested at the hearing. The United States Trustee may also request that the debtor be ordered by the court to cooperate or be held in contempt of court for failing to cooperate. Filing Bankruptcy FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Filing-Bankruptcy/Federal/what-is-the-first-step-in-filing-for-bankrupt.html After you have decided to file for bankruptcy, the first step is to file a petition with the Bankruptcy Court.  On the petition, all your of your debts and property must be listed as well as other schedules of assets and liabilities. Filing Bankruptcy FAQs Sat, 15 Dec 2007 19:45:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Filing-Bankruptcy/Federal/where-do-i-file-my-bankruptcy-case.html The bankruptcy court is a federal court. The federal court system is divided into judicial districts. Every state has at least one judicial district. Your local phonebook should have a listing of the federal bankruptcy court in your state. If you need further assistance, you can contract your local bar association. Filing Bankruptcy FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Filing-Bankruptcy/Federal/where-do-i-get-a-copy-of-my-states-local-rule.html Copies can be obtained at the public service counters in the Clerk`s office of the Bankruptcy Court. In addition, many Bankruptcy Courts now have their rules online. Filing Bankruptcy FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Bankruptcy-Attorney/Federal/index.html Free Bankruptcy Attorney FAQs Bankruptcy Sub-categories Sun, 29 Nov 2009 01:24:30 GMT http://resources.lawinfo.com/en/Legal-FAQs/Bankruptcy-Lawyer/Federal/index.html Free Bankruptcy Lawyer FAQs Bankruptcy Sub-categories Sun, 29 Nov 2009 01:24:30 GMT http://resources.lawinfo.com/en/Legal-FAQs/Bankruptcy-and-Your-Credit/Federal/index.html Free Bankruptcy and Your Credit FAQs Bankruptcy Sub-categories Sun, 29 Nov 2009 01:24:30 GMT http://resources.lawinfo.com/en/Legal-FAQs/Chapter-7-and-Chapter-13/Federal/index.html Free Chapter 7 and Chapter 13 FAQs Bankruptcy Sub-categories Sun, 29 Nov 2009 01:24:30 GMT http://resources.lawinfo.com/en/Legal-FAQs/Co-signers-Spouses-and-Others/Federal/index.html Free Co-signers, Spouses and Others FAQs Bankruptcy Sub-categories Sun, 29 Nov 2009 01:24:30 GMT http://resources.lawinfo.com/en/Legal-FAQs/Debt-Relief-Bankruptcy/Federal/index.html Free Debt Relief FAQs Bankruptcy Sub-categories Sun, 29 Nov 2009 01:24:30 GMT http://resources.lawinfo.com/en/Legal-FAQs/New-Bankruptcy-Law/Federal/index.html Free New Bankruptcy Law FAQs Bankruptcy Sub-categories Sun, 29 Nov 2009 01:24:30 GMT http://resources.lawinfo.com/en/Legal-FAQs/Types-of-Bankruptcy/Federal/index.html Free Types of Bankruptcy FAQs Bankruptcy Sub-categories Sun, 29 Nov 2009 01:24:30 GMT http://resources.lawinfo.com/en/Legal-FAQs/Your-Assets-and-Bankruptcy/Federal/index.html Free Your Assets and Bankruptcy FAQs Bankruptcy Sub-categories Sun, 29 Nov 2009 01:24:30 GMT