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Chapter 11 Checklist

United States Bankruptcy Court, Eastern District of New York
Voluntary Chapter 11 Case Required Lists, Schedules, Statements and Fees

Most forms referenced in this list can be found on -

http://www.uscourts.gov/forms/bankruptcy-forms

Click here for printable version of this Checklist

Filing fee of $1,717.00

If the fee is to be paid in installments, the debtor must be and individual and must file a signed application for the courts approval [Official Form B3A].

DOCUMENTS DUE AT TIME OF FILING OF BANKRUPTCY PETITION

Voluntary Petition (Signed) [Official Form B1]

List of Creditors (Names and addresses of all creditors of the debtor)

Creditor Matrix Pursuant to Local Bankruptcy Rule 1007-3

Exhibit D [Official Form B1D]

Certificate of Credit Counseling and Debt Repayment Plan (Or certificate pursuant to 11 U.S.C § 109(h)(3) or a request pursuant to 11 U.S.C § 109(h)(4)). Required if the debtor is an individual. Exhibit D must be filed with the petition. The Certification of Credit Counseling and Debt Repayment Plan, must be filed as indicated on Exhibit D to the Voluntary Petition.

Notice to Individual Debtor with Primarily Consumer Debts under 11 U.S.C § 342(b), if applicable.(Individual Debtor) [Official Form B201]

Statement Pursuant to Local Rule 1073-2(b)

List of Creditors Holding the 20 Largest Unsecured Creditors [Official Form B4]

Corporate Resolution Pursuant to Local Bankruptcy Rule 1074-1(a) (Corporation Only)

Corporate Ownership Statement Pursuant to Federal Bankruptcy Rule 1007(a)(1) (Corporation Only)

Corporate Disclosure Statement Pursuant to Local Bankruptcy Rule 1073-3

Partnership Statement Pursuant to Local Bankruptcy Rule 1074-1(b) (Partnership Only)

Affidavit Pursuant to Local Bankruptcy Rule 1007-4

SCHEDULES
All schedules must be filed whether they pertain to your case or not. Must be filed with the petition or within 14 days.

Summary of Schedules [Official Form B6]
Statistical Summary of Certain Liabilities and Related Data (Individual Debtor) [Official Form B6]
Schedule A ‐ Real Property ([Official Form B6A]
Schedule B ‐ Personal Property [Official Form B6B]
Schedule C ‐ Property Claimed as Exempt (Individual Debtor) [Official Form B6C]
Schedule D ‐ Creditor Holding Secured Claims [Official Form B6D]
Schedule E ‐ Creditors Holding Unsecured Priority Claims [Official Form B6E]
Schedule F ‐ Creditors Holding Unsecured Non‐Priority Claims [Official Form B6F]
Schedule G ‐ Executory Contracts and Unexpired Leases [Official Form B6G]
Schedule H ‐ Co‐Debtors [Official Form B6H]
Schedule I ‐ Your Income (Individual) [Official Form B6I]
Schedule J ‐ Your Expenses (Individual) [Official Form B6J]
Declaration Concerning Debtor’s Schedules (Individual Debtor) [Official Form B6]
Declaration on Behalf of a Corporation or Partnership (Must be filed with the petition or within 14 days) [Official Form B2]
List of Equity Security Holders and Addresses (Must be filed with the petition or within 14 days)
Statement of Financial Affairs (Must be filed with the petition or within 14 days) [Official Form B7]
Chapter 11 Statement of Current Monthly Income (Required if the debtor is an individual. Must be filed with the petition or within 14 days) [Official Form B22B]

Schedules of Current Income and Expenditures
A statement disclosing any reasonably anticipated increases in income or expenditures for twelve (12) months following the filing of the petition. A statement may be sufficient or this requirement may be satisfied by completion of both Question 17 on Schedule I and Question 19 on Schedule J. (If none, so indicate in the statement or on Schedules I and J)

Copies of all payment advices, pay stubs or other evidence of payment received by the debtor from any employer within 60 days before the filing of the petition.
Required if the debtor is an individual and employed within 60 days of the filing of the petition. Must be filed with the petition or within 14 days.

Notice to Individual Debtor with Primarily Consumer Debts under 11 U.S.C. § 342(b), if applicable. (Form B201)
Must be filed with the petition or within 14 days. (Individual Debtor)

Debtor’s Certification of Completion of Instructional Course Concerning Financial Management (Form B23).
Required if the debtor is an individual and § 1141(d)(3) applies. Must be filed no later than the last payment made by the debtor as required by the plan or the filing of a motion for entry of a discharge under 11 USC § 1141(d)(5)(B) of the Code.

Most recent balance sheet, statement of operations, cash-flow statement, and Federal income tax return, or a statement that none of the foregoing have been prepared or filed (Small Business Only)
Must be filed with the petition or within seven (7) days.

YOUR CASE MAY BE DISMISSED IF
YOU DO NOT MAKE THE REQUIRED FILINGS ON A TIMELY BASIS

FURTHER NOTICE IS GIVEN THAT the Court may schedule a hearing to determine whether this bankruptcy case should be dismissed if the items due at the time of filing of this bankruptcy petition are not filed with the Court within three (3) days of this notice.

FURTHER NOTICE IS GIVEN THAT the Court may schedule a hearing to determine whether this bankruptcy case should be dismissed if the items due within 14 days of the filing of this bankruptcy petition, or at the time of the 341 meeting, are not timely filed with the Court.

FURTHER NOTICE IS GIVEN THAT if this bankruptcy case is dismissed for failure to make the required filings, or for any other reason, then the debtor may not receive the benefit of the automatic stay in a subsequent bankruptcy case filed for a period of up to one year. See 11 U.S.C. §§ 362(c)(3) and (c)(4).

FURTHER NOTICE IS GIVEN THAT the debtor must serve copies of the Chapter 11 petition on the United States Trustee, Internal Revenue Service and Securities and Exchange Commission (see addresses below).

BROOKLYN CASES

Office of the United States Trustee
U.S. Federal Office Building
201 Varick Street, Suite 1006
New York, New York 10014

Internal Revenue Service
P.O. Box 7346
Philadelphia, PA 19101-7346

Securities & Exchange Commission
Northeast Regional Office
Woolworth Building
233 Broadway
New York, New York 10279

 

CENTRAL ISLIP CASES

Office of the United States Trustee
Long Island Federal Plaza Courthouse
560 Federal Plaza
Central Islip, New York 11722

Internal Revenue Service
P.O. Box 7346
Philadelphia, PA 19101-7346

Securities & Exchange Commission
Northeast Regional Office
Woolworth Building
233 Broadway
New York, New York 10279

This document is intended to assist with some of the initial case filing requirements particularly as it relates to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. This list may not be exhaustive and should not be considered as a replacement for the requirements of the Bankruptcy Code and Federal Rules of Bankruptcy Procedure.