Chapter 7 Bankruptcy Case

  1. Click Bankruptcy Menu
  2. Click Open Voluntary BK Case
    • The Case type will always be bk.
    • The Date filed always displays the current date.
    • Select the Chapter from the drop down box.
    • The default value for Joint Petition is n (no);for a Joint Petition select y (yes).
    • The Deficiencies box defaults to n (no).  Change to y (yes) if any 11 U.S.C. Section 521(a) documents are not filed with the petition.
    • Click Next to continue
  3. Search for a debtor

    A search may be performed by Social Security Number, Tax Identification Number, Last Name (or business name, first name and/or middle name)

    • Enter the debtor's social security number or last name and/or first name to search, and click Search.
    • The Party search results appear. If the party listed matches exactly the name on the petition, choose them from the list, and click Select name from list.

    Or, if your search returns No person found or the party search results do not return the desired results, click on Create new party.

  4. The Debtor Information screen displays (populated with the party search criteria). Enter the missing information as appropriate (matching the information on the petition):
    • Name &Address: debtor's name and address in the appropriate fields.

      Note: Do not use special characters such as parenthesis ( ), brackets [ ], ampersand &, or percent sign %.  These special characters may cause problems with the Bankruptcy Noticing Center (BNC).

    • SSN/ITIN: enter the debtor's Social Security Number, or Individual Tax Identification Number.  If there are multiple SSNs for the debtor, enter additional SSNs by clicking on the + (plus) to reveal another entry field (enter up to five numbers).
    • Tax Id/EIN: enter the debtor's Tax ID or Employee Identification Number, if necessary.  If there are multiple numbers, click the + (plus) to reveal another entry field (enter up to 5 numbers).
    • County: select the debtor's county of residence from the drop down. Note:Type the first letter of the county name for a faster search.
    • Country, Phone, Fax, E-mail: leave blank.
    • Party text: Enter further descriptive text for the debtor in the Party text field, only when appropriate (such as A New Mexico Corporation, Guardian of the Estate, etc.).  
    • Alias: If the debtor has an alias, click the Alias button.
    • Corporate parent/affiliate: to add the corporate names listed on the Corporate Ownership Statement, click on the Corporate parent / affiliate button.
    • Review: clicking on the Review button at any time presents a screen summarizing the attorney and alias activity for this debtor.
    • Submit: once the debtor information screen is complete, click the Submit button.
    • Joint Debtor:If applicable, search for joint debtor.
      • Repeat the steps in the Party Search section.
      • Copy previous party's address:leave checked if joint debtor's address is the same as the debtor's. Click Create new party.
  5. Statistical Screen

    Make the appropriate selections as marked on the petition:

    • Prior filing within last 8 years: If the debtor has had a previous bankruptcy filing within the last 8 years, select Yes from the selection list.
    • Fee status: The fee status defaults to Paid
      • If you will be filing an Application to Pay Filing Fee in Installments, select Installment.
      • If you will be filing an Application to Have the Chapter 7 Filing Fee Waived (only for a chapter 7, individual debtor), select Fee Not Paid.
    • Nature of debt: Select Business, Consumer, or Other.
    • Asset Notice: Do not change the asset designation.  The asset notice defaults to no asset for a chapter 7.   
    • Estimated number of creditors:Select the range of the estimated number of creditors.
    • Estimated assets: Select the estimated amount of your assets.
    • Estimated liabilities: Select the estimated amount of your liabilities.
    • Type of Debtor: Select appropriate debtor type.
    • Nature of business: If you have selected business as the nature of debt, select the Nature of business.
  6. Fee Screen
    • If the fee status Paid or Fee Not Paid was selected, click Next to continue.
    • If Installment fee status was selected, enter the exact amount that is being paid, and click Next to continue.
  7. Summary of Assets and Liabilities and Certain Statistical Information

    Quick Note

    Although this screen displays in all cases, only chapter 7, 11, and 13 individual, consumer debtor cases are required to provide the data requested.

    The information to enter on this screen comes from Schedules A/B,D,E/F,I,J, and Current Monthly Income forms (122A-1, 122B, or 122C-1) and the Summary of Your Assets and Liabilities and Certain Statistical Information (form 106Sum).

     

    Enter data on this screen if debtor is an individual with primarily consumer debts seeking relief under chapter 7, 11, or 13. The Clerk is required by 28 U.S.C. Section 159, added by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. 109-8 (2005), to collect this data.

    Note:If the amount on the schedule is zero, enter 0.00. 

     

     

  8. Statistical Reporting

    Quick Note

    The statistical screen displays.  It is information required by the United States trustee.

    Statistical reporting is required by 28 U.S.C. Section 589b, added by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. 109-8 (2005). Fill in the appropriate fields according to Schedules and Form 122.

     

  9. Deficiencies

    If you selected "y"for Deficiencies at the Open Bankruptcy Case screen, the Deficiency List screen displays.

    Check the item(s) NOT included in the petition. If no schedules and statements are filed with the petition, and the filing is for an Individual Debtor, check the box shown below, rather than the individual boxes.

     

  10. Browse, verify and attach the petition pdf.
  11. If "y" was selected for Deficiencies, the Deadline for papers to be filed displays.
  12. Select the appropriate Presumption of Abuse:
    • No Presumption of Abuse
    • Presumption of Abuse Arises
    • Insufficient Information
  13. The Final Docket Text entry displays. Verify that all the information is correct. If any of this information is incorrect, click on Bankruptcy in the blue menu bar to start over, otherwise click Next to file the petition. 
  14. The Notice of Electronic Case Filing (NEF) displays. The Notice of Bankruptcy Case Filing is a hyperlink on the NEF. It is a certification of the bankruptcy filing. 
  15. The Summary of current charges panel displays.
  16. Upload List of Creditors File. 
  17. Run the Judge/Trustee Assignment.
  18. File Additional Case Opening Documents.