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Chapter 7 Eligibility
As an Arizona Certified Legal Document Preparer, I am authorized to prepare all documents related to a Chapter 7 under the Bankruptcy Code, and according to U.S. Bankruptcy Code, to qualify for relief under Chapter 7 of the Bankruptcy Code, the debtor shall be an individual, either single or married. Subject to the means test for individual debtors, relief is available under chapter 7 irrespective of the amount of the debtor’s debts or whether the debtor is solvent or insolvent, and in addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing.
One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a “fresh start.” The debtor has no liability for discharged debts. In a chapter 7 case, however, a discharge is only available to individual debtors. Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property.
COMMON DOCUMENTS REQUIRED FOR FILING CHAPTER 7
1. Residency: Must be a resident of Arizona for the last 6 months.
2. Prior Petitions: If you have filed for bankruptcy in the past bring, documents to prove that you were in Bankruptcy Court –Discharge Order, Dismissal, case numbers, and the like.
3. Credit Counseling: There is a pre (before filing) and post (right after filing) credit counseling required. You will need to make arrangements for this counseling; the credit counseling can be completed on line or by telephone; make sure that the chosen providers are US Bankruptcy Court approved!
The Pre-Credit Counseling Certificate must be presented before starting the petition and submitted to the Court with the petition. After the filing, the post-counseling course is required and must be submitted directly to the Court. If a joint petition is going to be filed both spouses must receive individual counseling. For your convenience, you may use my fax number or e-mail address to receive the Certificates.
For your convenience you may call Abacus Credit Counseling, 1-800-516-2759 or visit their website www.abacuscc.org, or you can go on line and pick the authorized credit counseling of your choice.
4, Full Names: Full legal name, social security numbers, date of birth, and if you have moved within three years immediately preceding the commencement of the petition, list all premises occupied during that period. If a joint petition is filed, report also any separate address of either spouse.
5. Dependents: Complete names, social security numbers, date of birth of children under the age of 18, living with you, and also of any other dependents residing with you, and their source of income, if any.
6. Income: 1) Proof of Income from January 01 up to filing of petition, meaning year-to-date; if filing jointly, proof of year to date income from both spouses and 2) pay stubs for the last six months, including workman’s compensation, disability and unemployment must be presented, if filing jointly, proof from both husband and wife is required.
7. Income tax Reports: Copies of your federal and state tax returns for the last two years, including w-2s and all schedules.
8. Debts: Credit reports from the three credit reporting agencies, (Equifax, Experian, Transunion) and proof of any other debts not listed in those reports, such as garnishments, court judgments and letters from attorneys. Perhaps these reports could be obtained, free of cost for some, in the Internet at CreditKarma or at www.annualcreditreport.com.
9. Expenses: Current and anticipated monthly expenses such as; rent/mortgage, utilities, food, clothing, transportation, insurance, and medical.
10. Assets: Titles to autos, deeds to homes and any other asset held in your name that is for someone
else, such as your daughter or son. Current value of retirement accounts and investments.
11. Contracts: Copies of all lease agreements for rent, autos or other property, and a statement regarding the disposition of these agreement s, such the reaffirmation of the leases, and auto, the like.
12. FEES: The fee to prepare the court documents is $200.
Court filing fee is $338.00(A payment plan is available with the court for this fee, if needed).
The fee to obtain credit reports can vary between $0 to $75.
The fee for credit counseling, is about $15 to $35, but get the quotation from the credit counselors providers.
Is it necessary to have all of the documents requested in order to prepare your case timely. The appointment will be at least one hour.
D & D Accounting
648 N. Stone Ave
Tucson, AZ 85705