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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA
CHAPTER 7
PETITION PACKAGE
All Forms for Individuals Filing a
Chapter 7 Bankruptcy Case
Check the Court’s website www.casb.uscourts.gov to verify
that you are using the latest version of the Petition Package
2019
Chapter 7 Petition Package for Individuals
Preparing and Filing a Chapter 7 Bankruptcy Case [Checklist 1]
To file a chapter 7 bankruptcy case in the Southern District of California, debtors must
comply with the below requirements.
Pursuant to LBR 1007-5 regarding Payment Advices, the debtor must submit the
evidence of payment required by FRBP 1007(b)(1)(E) to the chapter 7,12. Or 13
trustee assigned to the debtor’s case or to the U.S. Trustee in a chapter 11 case,
preferably through the EDOC System. A debtor should not file this evidence with the
Court.
At a minimum, the following documents must be filed to initiate your Bankruptcy Case:
101 – Voluntary Petition
o If you rent your residence and answered yes to question #11 “Has your
landlord obtained an eviction judgment against you?,” you must
include the 101A-Initial Statement About an Eviction Judgment Against
You with your petition.
121 – Statement of Social Security Numbers (for individual cases)
List of Creditors [see page 10]
Full filing fee or
o CSD 1006 – Application to Pay Filing Fees in Installment (File this
document only if you are requesting to pay your filing fee in installments.)
or
o CSD 1020 – Application for Waiver of the Chapter 7 Filing Fee for
Individuals Who Cannot Pay the Filing Fee in Full or in Installments
Certificate of Credit Counseling or
o If you checked the third button in Step 15 “I certify that I asked for credit
counseling services from an approved agency, but was unable to obtain
those services during the 7 days after I made my request ..,” file CSD
1025 – Statement of Exigent Circumstances & Request for Extension of
Time to File Certificate of Credit Counseling
or
o If you checked the fourth button in Step 15 “I am not required to receive
a briefing about credit counseling because of:”, file CSD1027 – Notice of
Motion for Exemption and Opportunity of Hearing re: Credit Counseling
2019
Chapter 7 Petition Package for Individuals
CSD 1013 [11/28/17]
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA
325 West F Street, San Diego, California 92101-6991
HAVE YOU COMPLETED
CREDIT COUNSELING?
Use of a U.S. Trustee Approved Agency required.
[11 U.S.C. § 109(h)]
READ THIS BEFORE YOU FILE YOUR CASE
If you have not completed counseling before you file your petition and you do not meet the
requirements for an extension to complete the counseling after filing:
• Your case may be DISMISSED without refund of any filing fee paid;
• You WILL NOT receive a DISCHARGE of your debts; and
• If you REFILE within ONE YEAR after dismissal, protection under the Bankruptcy Code from
your creditors (i.e., the automatic stay) may be limited to thirty days.
Under the bankruptcy laws, the court can allow you to complete the course after filing only if you
meet all of the following conditions. See 11 U.S.C. § 109(h)(3).
1)
Prior to filing your petition, you must have requested credit counseling services from a
U.S. Trustee approved agency but were unable to obtain the services during the 5-day
period following your request.
There are exigent (emergency) circumstances that make it necessary for you to file
your case immediately. (Important: The court will determine what qualifies as an
emergency circumstance.)
You must file a certification stating the facts regarding conditions 1) and 2) above with
your petition. Local Forms CSD 1025 and 1027 are available from the clerk.
2)
3)
The decision to file your petition is up to you but, if you file without taking the course, you are
risking dismissal of your case. The clerk cannot provide legal advice or predict how a judge will
decide your motion for an extension of time to complete the credit counseling requirement.
To complete the requirement before filing your petition, obtain a list of United States Trustee
approved pre-bankruptcy credit counseling agencies from the clerk or go to this website:
https://www.justice.gov/ust/list-credit-counseling-agencies-approved-pursuant-11-usc-111
You may take the course on the Internet, by telephone, or in person.
computer, your public library may allow you to use their public computers.
If you do not have a
NOTE: A waiver of the credit counseling requirement is available in very limited circumstances for persons on military duty
in an active combat zone, or persons with a physical or mental impairment preventing participation in credit counseling, in
person, by telephone, or on the Internet. A waiver must be granted by the court. 11 U.S.C. § 109(h)(4).
CSD 1013
Table of Contents
Page
Introduction
…………………………………………….
1
Preparation for Individuals Filing a Chapter 7 Bankruptcy Case. . . . . . . . . . . . . .
2
1. Credit Counseling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
2. Chapter 7 Filing Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
3. Mailing Your Chapter 7 Bankruptcy Case/Required Copies . . . . . . . . .
3
4. Required Government-Issued Photo Identification . . . . . . . . . . . . . . . .
3
5. Common Causes for Dismissal of Debtor in a Bankruptcy Case . . . . . .
4
6. Requirement of a Copy of Judgment for Possession with 101 Petition
and a Rent Deposit (LBR 4001-8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
7. Notice Required by 11 U.S.C.§342(b) for Individuals Filing for Bankruptcy 6
8. Creating a Creditor Matrix
…………………………….
10
Introduction
This Chapter 7 Petition Package includes the basic information and forms required for
individuals to file a voluntary chapter 7 bankruptcy case in the Southern District of
California. Since bankruptcy is a complex process, debtors considering filing a chapter 7
bankruptcy case are encouraged to consult with a bankruptcy attorney.
Please note that court staff is prohibited from giving legal advice.
This petition package, including all of the forms in this package, are available for free on
the Court’s website www.casb.uscourts.gov (click on Court Forms). The online versions of the
forms in this Petition Package are pdf fillable and can be completed and saved to any
computer that has Adobe Acrobat Reader. If you complete the fillable forms on your
computer and do not have Adobe Acrobat Writer, you must print the completed forms
before closing the document. If you do not do this, the information that you typed will be
lost.
2019
Chapter 7 Petition Package for Individuals
Page 1
Preparation for Filing a Chapter 7 Individual Bankruptcy Case
Before filing a Chapter 7 Individual Bankruptcy Case, read the below requirements and
filing tips.
1. Debtors must complete Credit Counseling. If you have not completed counseling
before you file your petition, and you do not meet the requirements for an extension to
complete the counseling after filing:
•
Your case may be DISMISSED without refund of any filing fee paid;
•
You WILL NOT receive a DISCHARGE of your debts; and
•
If you REFILE within ONE YEAR after dismissal, protection under the
Bankruptcy Code from your creditors (i.e., the automatic stay) may be limited to
thirty days.
Under the bankruptcy laws, the court can allow you to complete the course after filing
only if you meet all of the following conditions. See 11 U.S.C. § 109(h)(3).
1) Prior to filing your petition, you must have requested credit counseling services
from a U.S. Trustee approved agency but were unable to obtain the services
during the 5-day period following your request.
2) There are exigent (emergency) circumstances that make it necessary for you to
file your case immediately. (Important: The court will determine what qualifies
as an emergency circumstance.)
3) You must file a certification stating the facts regarding conditions 1) and 2)
above with your petition. Local Forms CSD 1025 (Statement of Exigent
Circumstances & Request for Extension of Time to file Certificate of Credit Counseling) and
1027 (Notice of Motion for Exemption and Opportunity for Hearing re: Credit Counseling) are
attached.
The decision to file your petition is up to you but, if you file without taking the course,
you are risking dismissal of your case. The clerk cannot provide legal advice or
predict how a judge will decide your motion for an extension of time to complete the
credit counseling requirement.
To complete the requirement before filing your petition, obtain a list of United States
Trustee approved pre-bankruptcy credit counseling agencies from the clerk or go to
this website: http://www.justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm
You may take the course on the Internet, by telephone, or in person. If you do not
have a computer, your public library may allow you to use their public computers.
NOTE: A waiver of the credit counseling requirement is available in very limited circumstances for persons on military duty in an
active combat zone, or persons with a physical or mental impairment preventing participation in credit counseling, in person, by
telephone, or on the Internet. A waiver must be granted by the court. 11 U.S.C. § 109(h)(4).
2019
Chapter 7 Petition Package for Individuals
Page 2
2. Debtors must pay the chapter 7 filing fee (see page 6) at the time of filing. The court
accepts cash (exact change), U.S. Postal Service money orders, or cashier’s checks
issued by an acceptable financial institution. Make cashier’s checks or money orders
payable to: “Clerk, US Bankruptcy Court.” If you are unable to pay the full filing
payment, you have the following options:
•
Pay your filing fee in installments, which requires the form CSD 1006:
Application to Pay Filing Fees in Installments, to be filed with your petition.
•
The form CSD 1020: Application for Waiver of the Chapter 7 Filing Fee is for
individuals who cannot pay the filing fee in full or in installments. If applicable,
file with your petition. This application may or may not be approved.
3. If you mail your documents to be filed, please include a self-addressed envelope with
sufficient postage so that we can return a copy to you. Our address is:
United States Bankruptcy Court, 325 West F Street, San Diego, CA 92101.You must
submit one original set. If you would like a stamped copy, bring or mail a copy
along with the original. Be sure that you make an additional copy of each document
for your records. Remember to sign all of your documents.
4. Government-issued photo identification is required for persons filing a petition
without attorney representation. The Bankruptcy Court for the Southern District of
California has implemented a policy requiring all debtors who are not represented by
an attorney (“pro se”), to provide a copy of current government issued photo
identification. This policy also applies to persons who bring pro se petitions to the
intake counter for filing.
•
Filing in person: When a petition is presented at the counter for filing, the
person presenting the petition must provide a current government issued photo
identification. A copy of the identification will be made for retention, but will not
be accessible as part of the public record.
•
Filing by mail: A photocopy of the debtor(s)’ government issued photo
identification is required with the petition. If the government issued photocopy
is not provided, a deficiency will be noted and the case, if filed, may be subject
to dismissal.
Acceptable Forms of Government Issued Identification (must be current, legible
and contain a photograph):
1. State issued Driver’s License
2. U.S. Government Passport
3. State or Federal Issued Identification Card
4. Federal, State or Local Government Issued Employee Identification Card
5. Military Photo Identification Card
6. Or other form of Government Issued Photo Identification
2019
Chapter 7 Petition Package for Individuals
Page 3
5. Common Causes for Dismissal Pertaining to Debtor Responsibilities/Deadlines in a
Bankruptcy Case
a) FAILURE TO OBTAIN CREDIT COUNSELING – Credit counseling must be
completed by each individual consumer debtor within 180 days prior to filing for
bankruptcy through an Approved Credit Counseling Agency. The U.S. Trustee’s
Office listing of Approved Credit Counseling Agencies for the Southern District of
California is available at the following website:
http://www.justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm
b) FAILURE TO FILE COMPLETE SCHEDULES, STATEMENTS AND/OR
CHAPTER 13 PLAN- Regardless of chapter, certain schedules must be completed
and filed with the petition or within 14 days of filing the petition.
c) FAILURE TO PAY FILING FEES – Be prepared to pay the required Filing Fee in
full at the time you file the petition. Filing fees can be found at
www.casb.uscourts.gov. Fees must be paid in cash (exact change only), cashier’s
check or money orders. (Personal checks will not be accepted).
It is possible to make payments in installments using Form CSD 1006. If a fee is to
be paid in installments, you must be an individual and must submit a signed
application for the Court to consider. The signed application must state that you
are unable to pay the filing fee, except in installments. If you are unable to pay the
filing fee, and are intending to file under chapter 7, you may file an Application for
Waiver of the Filing Fee, Form CSD 1020. To be eligible for a waiver of the filing
fee, you must show to the Court that you are unable to pay in installments and that
your income is less than 150 percent of the Poverty Guidelines.
d) FAILURE TO FILE MEANS TEST – Chapter 7 debtor(s) must file Form 122A-1:
Chapter 7 Statement of Current Monthly Income and if applicable, the form 122A-1
Supp: Statement of Exemption from Presumption of Abuse and/or the form 122A2: Chapter 7 Means Test Calculation. To determine the proper forms to file, review
the Chapter 7 Statement of Currently Monthly Income & Means Test Calculations
Instructions (see page 13). The Bankruptcy Code applies a “means test” to
determine whether an individual debtor’s Chapter 7 filing is presumed to be an
abuse of the law, requiring dismissal or conversion of the case. The debtor(s) may
rebut a presumption of abuse only by a showing of special circumstances that
justify additional expenses or adjustments of current monthly income.
e) FAILURE TO FILE STATEMENT OF SOCIAL SECURITY NUMBER (Form 121) –
Debtor(s) must provide the Statement of Social Security at the time of filing.
f) FAILURE TO ATTEND THE MEETING OF CREDITORS – The debtor is required
to be in attendance at the Meeting of Creditors (‘341 meeting’) to give the trustee
and/or creditors an opportunity to examine the debtor under oath concerning
property and financial affairs.
2019
Chapter 7 Petition Package for Individuals
Page 4
6. Requirement of a Copy of Judgment for Possession with 101 Petition and a Rent
Deposit (Local Bankruptcy Rule 4001.8)
a) Any rent deposited with the Clerk pursuant to 11 U.S.C. § 362(l)(1)(B) must
be in the form of a certified or cashier’s check or money order payable to the
lessor or landlord in the full amount of any rent that would become due
during the 30-day period following the filing of the Petition.
b) The debtor must deposit rent with the Clerk on the Petition Date. A copy of
the judgment for possession must accompany the rent deposit and the
Petition. The Clerk is directed to refuse any rent check not accompanied
by a copy of the judgment for possession.
c) The debtor should use the Court-approved form CSD 1033, to meet the
certification, filing, and service requirements of 11 U.S.C. § 362(l)(2).
d) Pursuant to 11 U.S.C. § 362(l)(5)(D), the Clerk will transmit the payment to
the lessor at the address listed in the section on page 2 of the Petition
entitled “Statement by a Debtor Who Resides as a Tenant of Residential
Property.”
e) 11 U.S.C. § 362(l)(1) and (2) are inapplicable to post-foreclosure
judgments for possession, and the Clerk will not accept deposits
tendered in connection with post-foreclosure judgments for
possession.
2019
Chapter 7 Petition Package for Individuals
Page 5
7. Notice Required by 11 U.S.C.§342(b) for Individuals Filing for Bankruptcy
2019
Chapter 7 Petition Package for Individuals
Page 6
2019
Chapter 7 Petition Package for Individuals
Page 7
2019
Chapter 7 Petition Package for Individuals
Page 8
2019
Chapter 7 Petition Package for Individuals
Page 9
8. Creating a Creditor Matrix (List of Creditors)
When you file a voluntary petition under any bankruptcy chapter, you the debtor (or
your attorney, if you use one) must prepare and submit to the Court a mailing list
called the creditor matrix, which is a list of creditors to whom you owe money.
This mailing list contains all of your creditors’ and/or equity security holders’ name(s)
and addresses.
This list must be submitted in an electronic format, using a computer and wordprocessing software. If you are unable to bring your creditor matrix on electronic
media (such as a CD, DVD, or flash/thumb drive), you will be instructed to prepare
your creditor matrix using the Court’s computers located in the file review area.
Do not include the debtor, joint debtor, U.S. Trustee, Internal Revenue Service, or
Franchise Tax Board on the creditor matrix.
1. The creditor matrix list must be in a single column. Do not list names and address
entries in multiple columns.
2. Each name and address entry may contain a maximum of four lines. Do not use all
uppercase letters. Do not use bold or italic fonts. Do not use special characters ie:
#,&,@.
3. Each line can be no more than 35 characters in length including spaces. The
second line of each entry must be either a street address or a P.O. Box. The word
P.O. must include periods. Do not include account numbers.
4. States must be two-letter abbreviations. Examples: CA for California, NY for New
York.
5. ZIP codes must appear on the last line, following the city and state. Nine digit ZIP
codes must contain a dash between the first five digits and the remaining four
digits, not a space.
6. Each name and address entry must be separated by at least one blank line.
7. Certain federal and state agencies specify particular addresses to which notice of
bankruptcy proceedings should be directed. The Court maintains CSD 1271roster of State and Federal Agencies, which is available to the public on the Court
Forms page of the Court’s Web site.
8. When listing a debt to the United States for other than taxes, the debtor shall
include both the United States Attorney and the federal agency through which the
debtor became indebted. The name and address of the United States Attorney
must include the name of the federal agency in parentheses.
2019
Chapter 7 Petition Package for Individuals
Page 10
Example:
U.S. Attorney for the Southern District of CA
(For Department of Education)
940 Front Street, Room 5152
San Diego, CA 92101-8800
When completed, save your creditor matrix in a text-format file with a .txt file
extension. (This ensures that the creditor matrix can be uploaded to the Court’s
CM/ECF system.)To save the file as a text file with a .txt file extension when using
word-processing software:
1. Click on the File menu option, then select Save As.
2. A drop-down menu appears in your word-processing software. Name the file with
your name (as debtor).
3. From the drop-down list, select the Plain Text (.txt) file type.
4. Click on the Save button to save the document to your computer.
5. Copy the .txt file to any electronic media.
Example of Creditor Matrix Format
Acme Auto Repair
1234 S Street
San Diego, CA 92101
Acme Hair Repair
Attn Herman
1234 S Ave
San Diego, CA 92101
2019
Chapter 7 Petition Package for Individuals
Page 11
CSD 1006 [12/01/15]
Name, Address, Telephone No. & I.D. No.
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA
325 West F Street, San Diego, California 92101-6991
In Re
BANKRUPTCY NO.
Debtor.
APPLICATION TO PAY FILING FEES IN INSTALLMENTS
In accordance with FRBP 1006, application is made for permission to pay half the filing fee at the time the petition
is filed with the balance of the fee in not more than one installment due within 30 days of petition file date. (check one):
Chapter 7 payment of $167.50
Chapter 11 payment of $858.50
Chapter 13 payment of $155.00
Chapter 12 payment of $137.50
I certify that I am unable to pay the filing fee except in installments and I understand the following:
I must pay my entire fee before I make any more payments or transfer any more property to an attorney, bankruptcy
petition preparer, or anyone else for services in connection with my bankruptcy case.
I must pay the entire fee no later than 30 days after I first file for bankruptcy, unless the Court later extends my
Deadline. My debts will not be discharged until my entire fee is paid.
If I do not make my payment when it is due, my bankruptcy case may be dismissed, and my rights in other bankruptcy
proceedings may be affected.
Dated:
Signed:
Signature of Debtor
Signed:
Dated:
Signature of Joint Debtor (if any)
Attorney for Debtor(s)
If this document is prepared by a Non-Attorney Bankruptcy Petition Preparer, the form
119, Bankruptcy Petition Preparer’s Notice, Declaration, and Signature, must be completed and
submitted with this Application.
Form of payment: Please do not mail cash. Money orders or certified checks only; personal checks
of the debtor will not be accepted.
CSD 1006
CSD 1020 [12/01/15]
Name, Address, Telephone No. & I.D. No.
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA
325 West F Street, San Diego, California 92101-6991
In Re
BANKRUPTCY NO.
Debtor.
APPLICATION TO HAVE THE CHAPTER 7 FILING FEE WAIVED
Part A. Family Size and Income
1.
What is the size of your family?
Check all that apply:
Your family includes you, your spouse,
and any dependents listed on
Schedule J: Your Expenses (Official
Form 106J)
[ ] You
[ ] Your spouse
[ ] Your dependents
Total number of
people:
How many
dependents:
2.
Fill in your family’s average
monthly income.
Include your spouse’s income if
your spouse is living with you,
even if your spouse is not filing.
Do not include your spouse’s
income if you are separated and
your spouse is not filing with you.
Add your income and your
spouse’s income. Include the
value (if known) of any noncash governmental assistance
that you receive, such as food
stamps (benefits under the
Supplemental Nutrition
Assistance Program) or
housing subsidies.
If you have already filled out
Schedule I: Your Income, see
line 10 of that schedule.
Subtract any non-cash
governmental assistance that
you included above.
Your family’s average
monthly net income
CSD 1020
That person’s
average monthly
net income (takehome pay)
You . . . . . . . . . .
$
Your Spouse . . . +
$
Subtotal . . . . . . .
$
(minus)
Total . . . . . . . . . .
_
$
$
CSD 1020 (Page 2) [12/01/15]
3.
Do you receive non-cash
governmental assistance?
[ ] No
Do you expect your
family’s average monthly
net income to increase or
decrease by more than
10% during the next 6
months?
[ ] No
[ ] Yes. Describe
Type of Assistance:
4.
[ ] Yes. Explain
5.
Tell the court why you are unable to pay the
filing fee in installments within 30 days.
If you have some additional circumstances that
cause you to not be able to pay your filing fee in
installments, explain them.
Part B: Monthly Expenses
6.
Estimate your average monthly expenses.
Include amounts paid by any government assistance that you reported on
line 2.
$
If you have already filled out Schedule J, Your Expenses, copy line 22 from
that form.
7.
Do these expenses cover
anyone who is not
included in your family as
reported in line 1?
[ ] No
Does anyone other than
you regularly pay any of
these expenses?
If you have already filled out
Schedule I: Your Income,
copy the total from line 11.
[ ] No
[ ] Yes. Identify
who
8.
CSD 1020
[ ] Yes. How much do you regularly receive
as contributions?
$
monthly
CSD 1020 (Page 3) [12/01/15]
9.
Do you expect your
family’s average monthly
expenses to increase or
decrease by more than
10% during the next 6
months?
[ ] No
[ ] Yes. Explain
Part C. Real and Personal Property
EITHER (1) attach a completed copy of Schedule A/B: Property (Official Form 106A/B) OR (2) if you have not yet completed this
schedule, answer the following questions:
10.
How much cash do you have?
Examples: Money you have in your wallet, in your home, and on hand when
you file this application.
Cash: $
11.
Bank accounts and other
deposits of money?
Examples: Checking,
savings, money market, or
other financial accounts;
certificates of deposit;
shares in banks, credit
unions, brokerage houses,
and other similar institutions.
If you have more than one
account with the same
institution, list each. Do not
include 401(k) or IRA
accounts.
Institution name:
Amount:
Checking account:
$
Savings account:
$
Other financial
accounts:
$
Other financial
accounts:
$
12.
Your home? (if you own it
outright or are purchasing it)
Examples: House,
condominium, manufactured
home, or mobile home
Current
value:
Number Street
City
CSD 1020
$
State
ZIP Code
Amount
you owe
on
mortgage
and liens:
$
CSD 1020 (Page 4) [12/01/15]
13.
Other real estate?
Current
value:
Number Street
City
$
State
ZIP Code
Amount
you owe
on
mortgage
and liens:
$
14.
The vehicles you own?
Make:
Examples: Cars, vans,
trucks, sports utility vehicles,
motorcycles, tractors, boats
Model:
Year:
Current value:
$
Amount you owe on
liens:
$
Current value:
$
Amount you owe on
liens:
$
Current value:
$
Amount you owe on
liens:
$
Mileage:
Make:
Model:
Year:
Mileage:
15.
Other assets?
Describe the other assets:
Do not include household
items and clothing.
16.
Money or property due
you?
Examples: Tax refunds, past
due or lump sum alimony,
spousal support, child
support, maintenance,
divorce or property
settlements, Social Security
benefits, Workers’
compensation, personal
injury recovery
CSD 1020
Who owes you the money
or property? Enter the
names in the below boxes.
How much is owed?
$
$
Do you believe you
will likely receive
payment in the next
180 days?
[ ] No
[ ] Yes. Explain in
the box below
CSD 1020 (Page 5) [12/01/15]
Part D. Additional Information
17.
Have you paid anyone
for services for this
case, including filling
out this application,
the bankruptcy filing
package, or the
schedules?
[ ] No
[ ] Yes
Have you promised to
pay or do you expect
to pay someone for
services for your
bankruptcy case?
[ ] No
[ ] Yes
Has anyone paid
someone on your
behalf for services for
this case?
[ ] No
[ ] Yes Who was paid on your
behalf? Check all that
apply:
How much did
you pay?
Whom did you pay? Check all that apply:
[ ] An attorney
[ ] A bankruptcy petition preparer, paralegal,
or typing service
[ ] Someone else:
$
18.
How much do
you expect to
pay?
Whom did you expect to pay? Check all that
apply:
[ ] An attorney
[ ] A bankruptcy petition preparer, paralegal,
or typing service
[ ] Someone else:
$
19.
[ ] An attorney
[ ] A bankruptcy petition preparer,
paralegal, or typing service
[ ] Someone else:
Who paid? Check all
that apply:
[
[
[
[
[
] Parent
] Brother or sister
] Friend
] Pastor or clergy
] Someone else:
How much did
someone else
pay?
$
20.
Have you filed for
bankruptcy within the
last 8 years?
CSD 1020
[ ] No
[ ] Yes
District:
When:
MM/DD/YYYY
Case Number:
District:
When:
MM/DD/YYYY
Case Number:
District:
When:
MM/DD/YYYY
Case Number:
CSD 1020 (Page 6) [12/01/15]
Part E. Sign Below
I (we) declare under penalty of perjury that I (we) cannot currently afford to pay the filing fee in full or in installments
and that the foregoing information is true and correct.
Dated:
Signed:
Signature of Debtor
Dated:
Signed:
Signature of Co-debtor
If this document is prepared by a Non-Attorney Bankruptcy Petition Preparer, the form 119,
Bankruptcy Petition Preparer’s Notice, Declaration, and Signature, must be completed and
submitted with this Application.
CSD 1020
CSD 1025 [12/01/15]
Name, Address, Telephone No. & I.D. No.
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA
325 West F Street, San Diego, California 92101-6991
In Re
BANKRUPTCY NO.
Debtor.
STATEMENT OF EXIGENT CIRCUMSTANCES AND REQUEST
FOR EXTENSION OF TIME TO FILE CERTIFICATE OF CREDIT
COUNSELING PURSUANT TO 11 U.S.C. § 109(h)(3)
The debtor(s) declare under penalty of perjury that the following exigent circumstances exist which have prevented
me from obtaining budget and credit counseling within the 180-day period prior to the filing of my bankruptcy petition.
Those circumstances include (provide a detailed explanation in the space provided below)
I further declare that I requested credit counseling services from:
an approved nonprofit budget and credit counseling agency,
on
, but was unable to obtain the services during the 7-day period following my request.
(date)
I understand that this initial counseling does not replace or waive the necessity to complete a course concerning
personal financial management. I understand that I must file a Certification About a Financial Management Course (Official
Form 423) no later than 45 days from (1) the first date set for the first meeting of creditors under § 341 in order to receive
a chapter 7 discharge or (2) if a chapter 13 debtor, no later than the last payment made as required by my chapter 13 plan
or the filing of a motion for entry of a discharge under § 1328(b) in my chapter 13 case.
I request that I be granted an extension of 30 days from the date of the filing of my petition within which to
complete the credit counseling, obtain and file a Certificate of Credit Counseling issued by a United States Trustee approved
nonprofit budget and credit counseling agency.
DATED:
Debtor
CSD 1025
Joint Debtor
CSD 1027 [07/01/18]
Name, Address, Telephone No. & I.D. No
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA
325 West F Street, San Diego, California 92101-6991
In Re
BANKRUPTCY NO.
Debtor.
NOTICE OF MOTION FOR EXEMPTION AND
OPPORTUNITY FOR HEARING RE: CREDIT COUNSELING
I (we), the debtor(s), certify that no credit counseling is required and request exemption from the requirement
because:
I am incapacitated or disabled, as defined in 11 U.S.C. § 109(h)(4); or
I am on active military duty in a military combat zone.
If you object to this Motion,
1.
You are required to obtain a hearing date and time from the appropriate Courtroom Deputy for the judge
assigned to this bankruptcy case. Determine which deputy to call by looking at the Bankruptcy Case No. in the above
caption of this notice. If the case number is followed by the letters:
–
MM
LA
LT
CL
–
call (619) 557-7407
call (619) 557-6594
call (619) 557-6018
call (619) 557-6019
–
DEPARTMENT ONE (Room 218)
DEPARTMENT TWO (Room 118)
DEPARTMENT THREE (Room 129)
DEPARTMENT FIVE (Room 318)
2.
Within fourteen (14)1 days from the date of service of this notice, you are further required to serve a copy of
your Declaration in Opposition and separate Request and Notice of Hearing [Local Form CSD 11842] upon the
debtor, counsel for the debtor (if any), and the trustee, together with any opposing papers. The opposing declaration
must be signed and verified in the manner prescribed by FRBP 9011, and the declaration must:
a.
identify the interest of the opposing party; and
b.
state, with particularity, the grounds for the opposition.
3.
You must file the original Declaration and Request and Notice of Hearing with proof of service with the Clerk of the
U.S. Bankruptcy Court at 325 West F Street, San Diego, California 92101-6991, no later than the next business day
following the date of service.
If you fail to serve your “Declaration in Opposition” and “Request and Notice for Hearing”
within the 14-day1 period, no hearing will take place, you will lose your opportunity for a hearing and an order may be
entered.
DATED:
Debtor
1
Depending on how you were served, you may have additional time for response. See FRBP 9006.
You may obtain Local Form CSD 1184 from the office of the Clerk of the U.S. Bankruptcy Court.
2
CSD 1027
Joint Debtor
CSD 1027 (Page 2) [07/01/18]
CERTIFICATE OF SERVICE
I, the undersigned whose address appears below, certify:
That I am, and at all relevant times was, more than 18 years of age;
That on
day of
, 20 , I served a true copy of this NOTICE OF MOTION FOR
EXEMPTION AND OPPORTUNITY FOR HEARING RE: CREDIT COUNSELING, together with the following pleadings
[describe any other papers] by the mode of service shown below:
1.
To Be Served by the Court via Notice of Electronic Filing (“NEF”):
Under controlling Local Bankruptcy Rules(s) (“LBR”), the document(s) listed above will be served by the
, I che
