The Free-will Petition
The Voluntary Petition is Form 1 in the bankruptcy filing process. It contains the bankruptcy fundamentals germane to your case, including your personal information and general case information. To complete your Voluntary Petition, you must determine whether your debts are consumer or nonconsumer debts. Debts such as taxes are predominantly nonconsumer debts, so it is prudent to discuss this matter with your bankruptcy attorney. In addition, you must complete a section containing statistical and administrative information based on the type of bankruptcy you are submitting, as well as your assets and exemptions.
The Timetables
In addition to the Voluntary Petition, you must submit a number of schedules containing the pertinent financial information. Schedule A describes real property, Schedule B describes personal property, Schedule C describes property exemptions, etc. Consult your bankruptcy attorney to determine the optimal method to complete each schedule.
Forms for the Means Test and Disposable Income
For Chapter 7 filings, you must complete Form 22A, the Means Test; for Chapter 13 filings, you must complete Form 22C, the Disposable Income Statement. These forms determine your eligibility for the various categories of bankruptcy and are crucial to your bankruptcy case.
What Occurs Next?
These forms, when completed and considered as a whole, constitute the argument you present to the court regarding the merits of your bankruptcy case. Therefore, you should consult with your bankruptcy attorney before, during, and after completing these forms. Thus, you ensure that you present yourself in the most persuasive manner feasible. Once you are certain that all of your forms are complete, accurate, and ready to be submitted, you may file them with the court. The court will then evaluate your petition and render a ruling on your filing.""
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