WVNB - Pro Se Filing Information

The information below is intended to answer common questions from Pro Se bankruptcy filers and is not legal advice. This information is subject to change without notice.

Minimum Requirements to Initiate Bankruptcy Case;
Notice of Deficient Filing

Under each of the Chapter "Filing Requirements" headings for chapter 7, 11, 12 and 13 cases, the asterisk at the noted bullet items identify the papers you must file to initiate a bankruptcy case. You must file these asterisked items to avoid dismissal of your case. You will be issued a Notice of Deficient Filing and a show cause hearing may be scheduled before the Court if all of the provisions set forth in each of the Chapter "Filing Requirements" headings are not received at the time of filing, except as specifically stated below.

For all Chapters:
If you are an "individual" debtor, you have five (5) business days from the date the petition is filed to file:

Statement of Social Security Number(s)
Mailing Matrix

You have fifteen (15) days from the date the petition is filed to file:

Exhibit D - Individual Debtor's Statement of Compliance With Credit Counseling and Certificate of Credit Counseling (must obtain credit counseling prior to filing petition)
Schedules
Statement of Financial Affairs
Statement of Monthly Income/Means Test

For Chapter 11 cases:
You have fifteen (15) business days from the date the petition is filed to file:

List of 20 Largest Creditors

For Chapter 12 cases:
Except as otherwise provided by local bankruptcy rule, if you fail to file either a plan or a motion to extend the time to file a plan within 90 days after the filing of the petition, your case will be dismissed.

For Chapter 13 cases:
You have fifteen (15) days to file:

Chapter 13 Plan

PLEASE NOTE: Corporations and Partnerships must be represented by an attorney when filing for bankruptcy. Palazzo v. Gulf Oil Corp. 764 F.2d 1381 (11th Cir. 1985)

Means Testing Information

Bankruptcy Forms B22A and B22C (Statement of Current Monthly Income and calculations) are Official Bankruptcy Forms which most individual debtors filing for bankruptcy relief are required to complete beginning October 17, 2005. Bankruptcy Form B22A is the form most chapter 7 debtors will complete. Form B22C is the form most chapter 13 debtors will complete. These Official Bankruptcy Forms can be found on the U.S. Courts Forms web site.

Information and links to data required to complete the appropriate Means Test Forms (22A or 22C), can be found at the following site: http://www.usdoj.gov/ust/eo/bapcpa/meanstesting.htm

Meeting of Creditors (All Chapters)

After your petition is filed, a Notice will be mailed to you and your creditors giving the location, date and time of the meeting of creditors (341 Meeting). This notice will also include the name and address of your trustee. Please read your notice carefully. Some 341 Meetings are not held in the courthouse

You may be required to present a photo identification when entering the courthouse and must provide a daytime phone number on your petition. A photo identification is required at the Meeting of Creditors, along with verification of your social security number.

Filing Fees

You may pay the filing fee in up to four installments in a Chapter 7 or Chapter 13 case. An Application and Order to Pay Filing Fee in Installments must be filed with the Petition, and approved by the Court. This form is available from the Clerk's Office and on the U.S. Courts Forms website as BK_Form_B3A.

The filing fees are as follows:

Chapter 7 Chapter 11 Chapter 12 Chapter 13	$306.00 $1,046.00 $246.00 $281.00
additional fees

Acceptable Forms of Payment
The U.S. Bankruptcy Court accepts money orders, and cashier's checks. Personal checks from the debtor, two-party checks, and post-dated checks will not be accepted.

Miscellaneous

Official Forms & Petition Preparation
The U. S. Bankruptcy Court Clerk's Office does not supply the official forms required for filing bankruptcy. You may purchase the forms from a local office supply store or download applicable forms from the U.S. Court's Forms website. If someone other than an attorney assists you with the preparation of the bankruptcy forms, you must disclose the name of the preparer on the petition.

Protecting Your Social Security Number
Individuals filing bankruptcy will place only the last four digits of their Social Security Number on the bankruptcy petition. Individuals are required to submit, with the bankruptcy petition, a separate Statement of Social Security Number(s), Official Form 21, in which their full Social Security Number is given. This Statement of Social Security Number(s) is not part of the public record and will not be available to the public. Official Form 21 is available on the U.S. Courts Forms page as Form B21.

Any schedule or supporting document filed with the Court should not include: 1) the names of minor children - use only initials, 2) birthdates - use only the year of birth, and 3) financial account numbers.

Legal Advice & Resources
The Bankruptcy Clerk's Office is not permitted to assist you with preparing your petition, schedules, or other documents. Nor is the Clerk's Office permitted to provide you with legal advice. If you are in need of an attorney, you may want to consider the West Virginia Lawyer Referral Service. Your local library has law books that may be of assistance to you. The Local Bankruptcy Rules for the Northern District of West Virginia and information on the various chapters in bankruptcy are available in the Clerk's Office or on our web site.

Appropriate Courtroom Attire & Conduct
All persons present in a courtroom where a trial, hearing, or other proceeding is in progress must dress and conduct themselves in a manner demonstrating respect for the court.

Retaining Your Records
You should keep copies of your petition, schedules, Order of Discharge and, if applicable, your Order of Dismissal. You may wish to obtain copies of other pertinent documents.

Credit Rating & Reports
The Bankruptcy Clerk's Office is not responsible for credit reports. Bankruptcy records are public records and the information contained in them can be retrieved by anyone. Any disputes you have with a credit agency must be resolved by you and that agency.