Fill in this information to identify your case:

United States Bankruptcy Court for the:

Northern District of Texas

Case number (If known):

Chapter you are filing under:

Chapter 7

Chapter 11

Chapter 12

Chapter 13 Check if this is an

amended filing

Official Form 101

The bankruptcy forms use you and Debtor 1 to refer to a debtor filing alone. A married couple may file a bankruptcy case together—called a joint case—and

in joint cases, these forms use you to ask for information from both debtors. For example, if a form asks, “Do you own a car,” the answer would be yes if

either debtor owns a car. When information is needed about the spouses separately, the form uses Debtor 1 and Debtor 2 to distinguish between them. In

joint cases, one of the spouses must report information as Debtor 1 and the other as Debtor 2. The same person must be Debtor 1 in all of the forms.

Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more

space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every

question.

Part 1: Identify Yourself

1. Your full name

Write the name that is on your

government-issued picture

identification (for example, your

driver’s license or passport).

Bring your picture identification

to your meeting with the trustee.

About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):

Marcos

First name First name

J

Middle name Middle name

Ulibarri

Last name Last name

Suffix (Sr., Jr, II, III) Suffix (Sr., Jr, II, III)

2. All other names you have

used in the last 8 years

Include your married or maiden

names and any assumed, trade

names and doing business as

names.

Do NOT list the name of any

separate legal entity such as a

corporation, partnership, or LLC

that is not filing this petition.

Jesse

First name First name

M

Middle name Middle name

Ulibarri

Last name Last name

Business name (if applicable) Business name (if applicable)

Business name (if applicable) Business name (if applicable)

3. Only the last 4 digits of your

Social Security number or

federal Individual Taxpayer

Identification number

(ITIN)

xxx - xx - 3 6 9 2 xxx - xx -

OR OR

9xx - xx - 9xx - xx -

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 1

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Voluntary Petition for Individuals Filing for Bankruptcy 06/24

Case 24-43061-mxm13 Doc 1 Filed 08/29/24 Entered 08/29/24 11:02:17 Desc Main

Document Page 1 of 16
Debtor 1 Marcos J Ulibarri

First Name Middle Name Last Name

Case number (if known)

4. Your Employer Identification

Number (EIN), if any.

About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):

-

EIN

-

EIN

-

EIN

-

EIN

5. Where you live

If Debtor 2 lives at a different address:

5429 Parker Henderson Rd Lot M44

Number Street Number Street

Fort Worth, TX 76119

City State ZIP Code City State ZIP Code

Tarrant

County County

If your mailing address is different from the one above,

fill it in here. Note that the court will send any notices to

you at this mailing address.

If Debtor 2's mailing address is different from yours, fill

it in here. Note that the court will send any notices to you

at this mailing address.

Number Street Number Street

P.O. Box P.O. Box

City State ZIP Code City State ZIP Code

6. Why you are choosing this

district to file for bankruptcy

Check one: Check one:

Over the last 180 days before filing this petition, I

have lived in this district longer than in any other

district.

Over the last 180 days before filing this petition, I

have lived in this district longer than in any other

district.

I have another reason. Explain.

(See 28 U.S.C. § 1408)

I have another reason. Explain.

(See 28 U.S.C. § 1408)

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 2

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Document Page 2 of 16
Debtor 1 Marcos J Ulibarri

First Name Middle Name Last Name

Case number (if known)

Part 2: Tell the Court About Your Bankruptcy Case

7. The chapter of the Bankruptcy

Code you are choosing to file

under

Check one. (For a brief description of each, see Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for

Bankruptcy (Form 2010)). Also, go to the top of page 1 and check the appropriate box.

Chapter 7

Chapter 11

Chapter 12

Chapter 13

8. How you will pay the fee I will pay the entire fee when I file my petition. Please check with the clerk's office in your local court for more

details about how you may pay. Typically, if you are paying the fee yourself, you may pay with cash, cashier's

check, or money order. If your attorney is submitting your payment on your behalf, your attorney may pay with

a credit card or check with a pre-printed address.

I need to pay the fee in installments. If you choose this option, sign and attach the Application for Individuals

to Pay The Filing Fee in Installments (Official Form 103A).

I request that my fee be waived (You may request this option only if you are filing for Chapter 7. By law, a

judge may, but is not required to, waive your fee, and may do so only if your income is less than 150% of the

official poverty line that applies to your family size and you are unable to pay the fee in installments). If you

choose this option, you must fill out the Application to Have the Chapter 7 Filing Fee Waived (Official Form

103B) and file it with your petition.

9. Have you filed for bankruptcy

within the last 8 years?

No.

Yes. District When

MM / DD / YYYY

Case number

District When

MM / DD / YYYY

Case number

District When

MM / DD / YYYY

Case number

10. Are any bankruptcy cases

pending or being filed by a

spouse who is not filing this

case with you, or by a

business partner, or by an

affiliate?

No.

Yes. Debtor Relationship to you

District When

MM / DD / YYYY

Case number, if known

Debtor Relationship to you

District When

MM / DD / YYYY

Case number, if known

11. Do you rent your residence? No. Go to line 12.

Yes. Has your landlord obtained an eviction judgment against you?

No. Go to line 12.

Yes. Fill out Initial Statement About an Eviction Judgment Against You (Form 101A) and file it

as part of this bankruptcy petition.

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 3

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Document Page 3 of 16
Debtor 1 Marcos J Ulibarri

First Name Middle Name Last Name

Case number (if known)

Part 3: Report About Any Businesses You Own as a Sole Proprietor

12. Are you a sole proprietor of

any full- or part-time

business?

A sole proprietorship is a

business you operate as an

individual, and is not a separate

legal entity such as a

corporation, partnership, or LLC.

If you have more than one sole

proprietorship, use a separate

sheet and attach it to this

petition.

No. Go to Part 4.

Yes. Name and location of business

Name of business, if any

Number Street

City State ZIP Code

Check the appropriate box to describe your business:

Health Care Business (as defined in 11 U.S.C. § 101(27A))

Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B))

Stockbroker (as defined in 11 U.S.C. § 101(53A))

Commodity Broker (as defined in 11 U.S.C. § 101(6))

None of the above

13. Are you filing under Chapter

11 of the Bankruptcy Code,

and are you a small business

debtor?

For a definition of small business

debtor, see 11 U.S.C. §

101(51D).

If you are filing under Chapter 11, the court must know whether you are a small business debtor so that it can set

appropriate deadlines. If you indicate that you are a small business debtor, you must attach your most recent balance

sheet, statement of operations, cash-flow statement, and federal income tax return or if any of these documents do not

exist, follow the procedure in 11 U.S.C. § 1116(1)(B).

No. I am not filing under Chapter 11.

No. I am filing under Chapter 11, but I am NOT a small business debtor according to the definition in the

Bankruptcy Code.

Yes. I am filing under Chapter 11, I am a small business debtor according to the definition in the

Bankruptcy Code, and I do not choose to proceed under Subchapter V of Chapter 11.

Yes. I am filing under Chapter 11, I am a small business debtor according to the definition in the

Bankruptcy Code, and I choose to proceed under Subchapter V of Chapter 11.

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 4

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Document Page 4 of 16
Debtor 1 Marcos J Ulibarri

First Name Middle Name Last Name

Case number (if known)

Part 4: Report if You Own or Have Any Hazardous Property or Any Property That Needs Immediate Attention

14. Do you own or have any

property that poses or is

alleged to pose a threat of

imminent and identifiable

hazard to public health or

safety? Or do you own any

property that needs immediate

attention?

For example, do you own

perishable goods, or livestock

that must be fed, or a building

that needs urgent repairs?

No.

Yes. What is the hazard?

If immediate attention is needed, why is it needed?

Where is the property?

Number Street

City State ZIP Code

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 5

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Debtor 1 Marcos J Ulibarri

First Name Middle Name Last Name

Case number (if known)

Part 5: Explain Your Efforts to Receive a Briefing About Credit Counseling

15. Tell the court whether you

have received a briefing

about credit counseling.

The law requires that you

receive a briefing about credit

counseling before you file for

bankruptcy. You must truthfully

check one of the following

choices. If you cannot do so,

you are not eligible to file.

If you file anyway, the court

can dismiss your case, you will

lose whatever filing fee you

paid, and your creditors can

begin collection activities

again.

About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):

You must check one: You must check one:

I received a briefing from an approved credit

counseling agency within the 180 days before I

filed this bankruptcy petition, and I received a

certificate of completion.

Attach a copy of the certificate and the payment

plan, if any, that you developed with the agency.

I received a briefing from an approved credit

counseling agency within the 180 days before I

filed this bankruptcy petition, and I received a

certificate of completion.

Attach a copy of the certificate and the payment

plan, if any, that you developed with the agency.

I received a briefing from an approved credit

counseling agency within the 180 days before I

filed this bankruptcy petition, but I do not have a

certificate of completion.

Within 14 days after you file this bankruptcy petition,

you MUST file a copy of the certificate and payment

plan, if any.

I received a briefing from an approved credit

counseling agency within the 180 days before I

filed this bankruptcy petition, but I do not have a

certificate of completion.

Within 14 days after you file this bankruptcy petition,

you MUST file a copy of the certificate and payment

plan, if any.

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, and exigent circumstances

merit a 30-day temporary waiver of the

requirement.

To ask for a 30-day temporary waiver of the

requirement, attach a separate sheet explaining

what efforts you made to obtain the briefing, why you

were unable to obtain it before you filed for

bankruptcy, and what exigent circumstances

required you to file this case.

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, and exigent circumstances

merit a 30-day temporary waiver of the

requirement.

To ask for a 30-day temporary waiver of the

requirement, attach a separate sheet explaining

what efforts you made to obtain the briefing, why you

were unable to obtain it before you filed for

bankruptcy, and what exigent circumstances

required you to file this case.

Your case may be dismissed if the court is

dissatisfied with your reasons for not receiving a

briefing before you filed for bankruptcy.

Your case may be dismissed if the court is

dissatisfied with your reasons for not receiving a

briefing before you filed for bankruptcy.

If the court is satisfied with your reasons, you must

still receive a briefing within 30 days after you file.

You must file a certificate from the approved agency,

along with a copy of the payment plan you

developed, if any. If you do not do so, your case may

be dismissed.

If the court is satisfied with your reasons, you must

still receive a briefing within 30 days after you file.

You must file a certificate from the approved agency,

along with a copy of the payment plan you

developed, if any. If you do not do so, your case may

be dismissed.

Any extension of the 30-day deadline is granted only

for cause and is limited to a maximum of 15 days.

Any extension of the 30-day deadline is granted only

for cause and is limited to a maximum of 15 days.

I am not required to receive a briefing about credit

counseling because of:

Incapacity. I have a mental illness or a mental

deficiency that makes me

incapable of realizing or making

rational decisions about finances.

Disability. My physical disability causes me

to be unable to participate in a

briefing in person, by phone, or

through the internet, even after I

reasonably tried to do so.

Active duty. I am currently on active military

duty in a military combat zone.

I am not required to receive a briefing about credit

counseling because of:

Incapacity. I have a mental illness or a mental

deficiency that makes me

incapable of realizing or making

rational decisions about finances.

Disability. My physical disability causes me

to be unable to participate in a

briefing in person, by phone, or

through the internet, even after I

reasonably tried to do so.

Active duty. I am currently on active military

duty in a military combat zone.

If you believe you are not required to receive a

briefing about credit counseling, you must file a

motion for waiver of credit counseling with the court.

If you believe you are not required to receive a

briefing about credit counseling, you must file a

motion for waiver of credit counseling with the court.

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 6

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Case 24-43061-mxm13 Doc 1 Filed 08/29/24 Entered 08/29/24 11:02:17 Desc Main

Document Page 6 of 16
Debtor 1 Marcos J Ulibarri

First Name Middle Name Last Name

Case number (if known)

Part 6: Answer These Questions for Reporting Purposes

16. What kind of debts do you

have?

16a. Are your debts primarily consumer debts? Consumer debts are defined in 11 U.S.C. § 101(8) as

“incurred by an individual primarily for a personal, family, or household purpose.”

No. Go to line 16b.

Yes. Go to line 17.

16b. Are your debts primarily business debts? Business debts are debts that you incurred to obtain money

for a business or investment or through the operation of the business or investment.

No. Go to line 16c.

Yes. Go to line 17.

16c. State the type of debts you owe that are not consumer debts or business debts.

17. Are you filing under Chapter 7?

Do you estimate that after any

exempt property is excluded

and administrative expenses are

paid that funds will be available

for distribution to unsecured

creditors?

No. I am not filing under Chapter 7. Go to line 18.

Yes. I am filing under Chapter 7. Do you estimate that after any exempt property is excluded and

administrative expenses are paid that funds will be available to distribute to unsecured creditors?

No

Yes

18. How many creditors do you

estimate that you owe?

1-49

50-99

100-199

200-999

1,000-5,000

5,001-10,000

10,001-25,000

25,001-50,000 50,000-100,000 More than 100,000

19. How much do you estimate your

assets to be worth?

$0-$50,000

$50,001-$100,000

$100,001-$500,000

$500,001-$1 million

$1,000,001-$10 million

$10,000,001-$50 million

$50,000,001-$100 million

$100,000,001-$500 million

$500,000,001-$1 billion

$1,000,000,001-$10 billion

$10,000,000,001-$50 billion

More than $50 billion

20. How much do you estimate your

liabilities to be?

$0-$50,000

$50,001-$100,000

$100,001-$500,000

$500,001-$1 million

$1,000,001-$10 million

$10,000,001-$50 million

$50,000,001-$100 million

$100,000,001-$500 million

$500,000,001-$1 billion

$1,000,000,001-$10 billion

$10,000,000,001-$50 billion

More than $50 billion

Part 7: Sign Below

For you I have examined this petition, and I declare under penalty of perjury that the information provided is true and correct.

If I have chosen to file under Chapter 7, I am aware that I may proceed, if eligible, under Chapter 7, 11,12, or 13 of title 11, United

States Code. I understand the relief available under each chapter, and I choose to proceed under Chapter 7.

If no attorney represents me and I did not pay or agree to pay someone who is not an attorney to help me fill out this document, I

have obtained and read the notice required by 11 U.S.C. § 342(b).

I request relief in accordance with the chapter of title 11, United States Code, specified in this petition.

I understand making a false statement, concealing property, or obtaining money or property by fraud in connection with a

bankruptcy case can result in fines up to $250,000, or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519,

and 3571.

✘ /s/ Marcos J Ulibarri

Marcos J Ulibarri, Debtor 1

Executed on 08/29/2024

MM/ DD/ YYYY

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 7

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Document Page 7 of 16
Debtor 1 Marcos J Ulibarri

First Name Middle Name Last Name

Case number (if known)

For your attorney, if you are

represented by one

If you are not represented by an

attorney, you do not need to file this

page.

I, the attorney for the debtor(s) named in this petition, declare that I have informed the debtor(s) about eligibility to

proceed under Chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief available under

each chapter for which the person is eligible. I also certify that I have delivered to the debtor(s) the notice required by

11 U.S.C. § 342(b) and, in a case in which § 707(b)(4)(D) applies, certify that I have no knowledge after an inquiry

that the information in the schedules filed with the petition is incorrect.

✘ /s/ Christopher Lee

Signature of Attorney for Debtor

Date 08/29/2024

MM / DD / YYYY

Christopher Lee

Printed name

Lee Law Firm, PLLC

Firm name

8701 Bedford Euless Rd 510

Number Street

Hurst

City

TX

State

76053

ZIP Code

Contact phone (214) 440-1414 Email address clee@leelawtx.com

24041319

Bar number

TX

State

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 8

Case 24-43061-mxm13 Doc 1 Filed 08/29/24 Entered 08/29/24 11:02:17 Desc Main

Document Page 8 of 16
CASE NO

CHAPTER 13

IN THE UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

IN RE: Ulibarri, Marcos J

VERIFICATION OF CREDITOR MATRIX

The above named Debtor hereby verifies that the attached list of creditors is true and correct to the best of his/her knowledge.

Date 08/29/2024 Signature /s/ Marcos J Ulibarri

Marcos J Ulibarri, Debtor

Case 24-43061-mxm13 Doc 1 Filed 08/29/24 Entered 08/29/24 11:02:17 Desc Main

Document Page 9 of 16
Attorney General

PO Box 12017

Austin, TX 78711

Attorney General of Texas

Bankruptcy Section

400 South Zang, Ste 1100

Dallas, TX 75208

Check 'n Go

Attn: Bankruptcy

PO Box 36454

Cincinnati, OH 45236-0454

Conn's HomePlus

Banruptcy

PO Box 2358

Beaumont, TX 77704-2358

Internal Revenue Service

IRS - SBSE Insolvency Area 10

1100 Commerce St., MC 5026 DAL

Dallas, TX 75242

Internal Revenue Service

Insolvency

PO Box 21126

Philadelphia, PA 19114

Internal Revenue Service

Insolvency

PO Box 7346

Philadelphia, PA 19101-7346

Internal Revenue Service

Insolvency

PO Box 7346

Philadelphia, PA 19101

Justice of the Peace, Precinct

Eight

In the Justice Court

Lisa Woodard

3500 Miller Ave

Fort Worth, TX 76119

Lee Law Firm, PLLC

8701 Bedford Euless Rd 510

Hurst, TX 76053

Linebarger Goggan Blair et al

2323 Bryan 1600

Dallas, TX 75201

Linebarger Goggan Blair et al

2777 N Stemmons Freeway 1100

Dallas, TX 75207

Linebarger, Goggan, Blair &

Sampson, LLC

2777 N. Stemmons Freeway 1000

Dallas, TX 75207

Owings Auto Centers

519 E Division St

Arlington, TX 76011

Phelps Dunbar, LLP

Wells Fargo Tower

201 Main Street 1350

Fort Worth, TX 76102

State Comptroller

Revenue Accounting Div Bankruptcy

PO Box 13528

Ecleto, TX 78111

State Comptroller

Revenue Accounting Div Bankruptcy

PO Box 13528

Austin, TX 78711

Texan Credit

617 Sunset

Denton, TX 76201

Texas Alcohol Beverage

Commission

Licenses & Permits Division

PO Box 13127

Austin, TX 78711-3127

Texas Alcohol Beverage

Commission

Licenses and Permits Division

PO Box 13127

Austin, TX 78711-3127

Texas Comptroller of Public

Accounts

PO Box 13528

Austin, TX 78711

Texas Employment

Commission

TEC Building - Bankruptcy

101 E. 15th Street

Austin, TX 78778

Texas Employment

Commission

TEC Building - Bankruptcy

101 E. 15th St.

Austin, TX 78778

Transworld System Inc

Attn: Bankruptcy

PO Box 15618

Wilmington, DE 19850

Tt Marketing Inc

Pob 3790

Lubbock, TX 79452

United States Attorney -

North

1100 Commerce St., Third Floor

Dallas, TX 75242

United States Attorney

General

Main Justice Building

10th and Constitution Ave 5111

Washington, DC 20530

United States Trustee

1100 Commerce St., Room 9C60

Dallas, TX 75242

Willow Terrace PLNDV TX, LLC

5400 Parker Henderson Rd

Fort Worth, TX 76119

Case 24-43061-mxm13 Doc 1 Filed 08/29/24 Entered 08/29/24 11:02:17 Desc Main

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B2030 (Form 2030) (12/15)

United States Bankruptcy Court

Northern District of Texas

In re Ulibarri, Marcos J

Debtor

Case No. 

Chapter 13

DISCLOSURE OF COMPENSATION OF ATTORNEY FOR DEBTOR

1. Pursuant to 11 U .S.C. § 329(a) and Fed. Bankr. P. 2016(b), I certify that I am the attorney for the above named debtor(s) and that

compensation paid to me within one year before the filing of the petition in bankruptcy, or agreed to be paid to me, for services rendered

or to be rendered on behalf of the debtor(s) in contemplation of or in connection with the bankruptcy case is as follows:

For legal services, I have agreed to accept ................................................................................................................................................ $4,250.00

Prior to the filing of this statement I have received ................................................................................................................................................ $342.00

Balance Due ................................................................................................................................................ $3,908.00

2. The source of the compensation paid to me was:

Debtor Other (specify)

3. The source of compensation to be paid to me is:

Debtor Other (specify)

4. I have not agreed to share the above-disclosed compensation with any other person unless they are members and associates of my

law firm.

 I have agreed to share the above-disclosed compensation with a other person or persons who are not members or associates of my

law firm. A copy of the agreement, together with a list of the names of the people sharing in the compensation, is attached.

5. In return for the above-disclosed fee, I have agreed to render legal service for all aspects of the bankruptcy case, including:

a. Analysis of the debtor' s financial situation, and rendering advice to the debtor in determining whether to file a petition in

bankruptcy;

b. Preparation and filing of any petition, schedules, statements of affairs and plan which may be required;

c. Representation of the debtor at the meeting of creditors and confirmation hearing, and any adjourned hearings thereof;

6. By agreement with the debtor(s), the above-disclosed fee does not include the following services:

Page 1 of 2

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B2030 (Form 2030) (12/15)

CERTIFICATION

I certify that the foregoing is a complete statement of any agreement or arrangement for payment to

me for representation of the debtor(s) in this bankruptcy proceeding.

08/29/2024

Date

/s/ Christopher Lee

Christopher Lee

Signature of Attorney

Bar Number: 24041319

Lee Law Firm, PLLC

8701 Bedford Euless Rd 510

Hurst, TX 76053

Phone: (214) 440-1414

Lee Law Firm, PLLC

Name of law firm

Date: 08/29/2024 /s/ Marcos J Ulibarri

Marcos J Ulibarri

Page 2 of 2

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Notice Required by 11 U.S.C. § 342(b) for

Individuals Filing for Bankruptcy (Form 2010)

This notice is for you if:

You are an individual filing for

bankruptcy, and

Your debts are primarily consumer debts.

Consumer debts are defined in 11 U.S.C. §

101(8) as “incurred by an individual

primarily for a personal, family, or

household purpose.”

The types of bankruptcy that are

available to individuals

Individuals who meet the qualifications may file

under one of four different chapters of the

Bankruptcy Code:

Chapter 7 — Liquidation

Chapter 11— Reorganization

Chapter 12— Voluntary repayment plan

for family farmers or

fishermen

Chapter 13— Voluntary repayment plan

for individuals with regular

income

You should have an attorney review your

decision to file for bankruptcy and the choice of

chapter.

Chapter 7: Liquidation

$245 filing fee

$78 administrative fee

+ $15 trustee surcharge

$338 total fee

Chapter 7 is for individuals who have financial

difficulty preventing them from paying their

debts and who are willing to allow their nonexempt property to be used to pay their

creditors. The primary purpose of filing under

chapter 7 is to have your debts discharged.

The bankruptcy discharge relieves you after

bankruptcy from having to pay many of your

pre-bankruptcy debts. Exceptions exist for

particular debts, and liens on property may

still be enforced after discharge. For example,

a creditor may have the right to foreclose a

home mortgage or repossess an automobile.

However, if the court finds that you have committed

certain kinds of improper conduct described in the

Bankruptcy Code, the court may deny your

discharge.

You should know that even if you file chapter 7 and

you receive a discharge, some debts are not

discharged under the law. Therefore, you may still

be responsible to pay:

most taxes;

most student loans;

most domestic support and property

settlement obligations;

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most fines, penalties, forfeitures, and

criminal restitution obligations; and

certain debts that are not listed in your

bankruptcy papers.

You may also be required to pay debts arising

from:

fraud or theft;

fraud or defalcation while acting in breach

of fiduciary capacity;

intentional injuries that you inflicted; and

death or personal injury caused by

operating a motor vehicle, vessel, or

aircraft while intoxicated from alcohol or

drugs.

If your debts are primarily consumer debts, the

court can dismiss your chapter 7 case if it finds that

you have enough income to repay creditors a

certain amount. You must file Chapter 7 Statement

of Your Current Monthly Income (Official Form

122A–1) if you are an individual filing for

bankruptcy under chapter 7. This form will

determine your current monthly income and

compare whether your income is more than the

median income that applies in your state.

If your income is not above the median for your

state, you will not have to complete the other

chapter 7 form, the Chapter 7 Means Test

Calculation (Official Form 122A–2).

If your income is above the median for your state,

you must file a second form —the Chapter 7

Means Test Calculation (Official Form 122A–2).

The calculations on the form— sometimes called

the Means Test —deduct from your income living

expenses and payments on certain debts to

determine any amount available to pay unsecured

creditors. If

your income is more than the median income for

your state of residence and family size, depending

on the results of the Means Test, the U.S. trustee,

bankruptcy administrator, or creditors can file a

motion to dismiss your case under § 707(b) of the

Bankruptcy Code. If a motion is filed, the court will

decide if your case should be dismissed. To avoid

dismissal, you may choose to proceed under

another chapter of the Bankruptcy Code.

If you are an individual filing for chapter 7

bankruptcy, the trustee may sell your property to

pay your debts, subject to your right to exempt the

property or a portion of the proceeds from the sale

of the property. The property, and the proceeds

from property that your bankruptcy trustee sells or

liquidates that you are entitled to, is called exempt

property. Exemptions may enable you to keep your

home, a car, clothing, and household items or to

receive some of the proceeds if the property is

sold.

Exemptions are not automatic. To exempt property,

you must list it on Schedule C: The Property You

Claim as Exempt (Official Form 106C). If you do

not list the property, the trustee may sell it and pay

all of the proceeds to your creditors.

Chapter 11: Reorganization

$1,167 filing fee

+ $571 administrative fee

$1,738 total fee

Chapter 11 is often used for reorganizing a

business, but is also available to individuals. The

provisions of chapter 11 are too complicated to

summarize briefly.

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Read These Important Warnings

Because bankruptcy can have serious long-term financial and legal consequences, including loss of

your property, you should hire an attorney and carefully consider all of your options before you file.

Only an attorney can give you legal advice about what can happen as a result of filing for bankruptcy

and what your options are. If you do file for bankruptcy, an attorney can help you fill out the forms

properly and protect you, your family, your home, and your possessions.

Although the law allows you to represent yourself in bankruptcy court, you should understand that

many people find it difficult to represent themselves successfully. The rules are technical, and a

mistake or inaction may harm you. If you file without an attorney, you are still responsible for

knowing and following all of the legal requirements.

You should not file for bankruptcy if you are not eligible to file or if you do not intend to file the

necessary documents.

Bankruptcy fraud is a serious crime; you could be fined and imprisoned if you commit fraud in your

bankruptcy case. Making a false statement, concealing property, or obtaining money or property by

fraud in connection with a bankruptcy case can result in fines up to $250,000, or imprisonment for up

to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.

Chapter 12: Repayment plan for family

farmers or fishermen

$200 filing fee

+ $78 administrative fee

$278 total fee

Similar to chapter 13, chapter 12 permits family

farmers and fishermen to repay their debts over a

period of time using future earnings and to

discharge some debts that are not paid.

Chapter 13: Repayment plan for

individuals with regular

income

$235 filing fee

+ $78 administrative fee

$313 total fee

Chapter 13 is for individuals who have regular

income and would like to pay all or part of their

debts in installments over a period of time and to

discharge some debts that are not paid. You are

eligible for chapter 13 only if your debts are not

more than certain dollar amounts set forth in 11

U.S.C. § 109.

Under chapter 13, you must file with the court a

plan to repay your creditors all or part of the money

that you owe them, usually using your future

earnings. If the court approves your plan, the court

will allow you to repay your debts, as adjusted by

the plan, within 3 years or 5 years, depending on

your income and other factors.

After you make all the payments under your plan,

many of your debts are discharged. The debts that

are not discharged and that you may still be

responsible to pay include:

domestic support obligations,

most student loans,

certain taxes,

debts for fraud or theft,

debts for fraud or defalcation while acting

in a fiduciary capacity,

most criminal fines and restitution

obligations,

certain debts that are not listed in your

bankruptcy papers,

certain debts for acts that caused death or

personal injury, and

certain long-term secured debts

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Warning: File Your Forms on Time

Section 521(a)(1) of the Bankruptcy Code

requires that you promptly file detailed

information about your creditors, assets,

liabilities, income, expenses and general

financial condition. The court may dismiss your

bankruptcy case if you do not file this

information within the deadlines set by the

Bankruptcy Code, the Bankruptcy Rules, and

the local rules of the court.

For more information about the documents and

their deadlines, go to:

http://www.uscourts.gov/bkforms

/bankruptcy_form

s.html#procedure.

Bankruptcy crimes have serious

consequences

If you knowingly and fraudulently conceal

assets or make a false oath or statement

under penalty of perjury—either orally or

in writing—in connection with a

bankruptcy case, you may be fined,

imprisoned, or both.

All information you supply in connection

with a bankruptcy case is subject to

examination by the Attorney General acting

through the Office of the U.S. Trustee, the

Office of the U.S. Attorney, and other

offices and employees of the U.S.

Department of Justice.

Make sure the court has your

mailing address

The bankruptcy court sends notices to the mailing

address you list on Voluntary Petition for

Individuals Filing for Bankruptcy(Official Form 101).

To ensure that you receive information about your

case, Bankruptcy Rule 4002 requires that you

notify the court of any changes in your address.

A married couple may file a bankruptcy case

together—called a joint case. If you file a joint

case and each spouse lists the same mailing

address on the bankruptcy petition, the

bankruptcy court generally will mail you and

your spouse one copy of each notice, unless

you file a statement with the court asking that

each spouse receive separate copies.

Understand which services you

could receive from credit

counseling agencies

The law generally requires that you receive a

credit counseling briefing from an approved

credit counseling agency. 11 U.S.C. § 109(h).

If you are filing a joint case, both spouses

must receive the briefing. With limited

exceptions, you must receive it within the 180

days before you file your bankruptcy petition.

This briefing is usually conducted by

telephone or on the Internet.

In addition, after filing a bankruptcy case, you

generally must complete a financial

management instructional course before you

can receive a discharge. If you are filing a

joint case, both spouses must complete the

course.

You can obtain the list of agencies approved

to provide both the briefing and the

instructional course from:

http://justice.gov/ust/eo/hapcpa

/ccde/cc_approved.html.

In Alabama and North Carolina, go to:

http://www.uscourts.gov/FederalCourts

/Bankruptcy/

BankruptcyResources/ApprovedCredit

AndDebtCounselors.aspx.

If you do not have access to a computer, the

clerk of the bankruptcy court may be able to

help you obtain the list.

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