Updated 8/15/2022
Overview
- Debtor must append to the voluntary petition its most recent balance sheet, statement of operations, cash−flow statement, and Federal income tax return, or a statement made under penalty of perjury that these documents have not been prepared or filed.
- Provisions of the Small Business Reorganization Act ("SBRA"), effective February 19, 2020, created a subchapter V under chapter 11.
- Fee: $1738.00
References
- 11 USC §§ 101(51D), 1116(1)
- Order Adopting SBRA Interim Rules Effective February 19, 2020
Step-by-Step Instructions
Case Opening Screen
- Select Bankruptcy.
- Select Open Voluntary BK Case.
- Chapter - Select 11.
- Joint Petition - Select n.
- Deficiencies - Defaults to n. Change to y if missing schedules, statements or other required documents or document authorizing the filing of the bankruptcy (for corporations, LLCs and partnerships).
- When done, click Next to continue.
Search for a Debtor Screen
- Search for an existing debtor record by entering debtor's Business Name. Click Search.
- If no match is found, No person found displays. Click Create new party.
- If a possible match is found, parties with the same business name display.
- Click a name and the debtor's information displays in a pop up window.
- If the displayed information is an exact match, click Select name from list.
- If not an exact match, click Create new party.
Debtor Information Screen
Enter all debtor information exactly as it appears on the petition.
- Last name, First name, Middle name - Enter exactly as they appear on the petition. Do not use all caps.
- SSN / ITIN - Leave blank
- Tax ID / EIN - Enter Tax ID in format of XX-XXXXXXX.
- Address 1, Address 2, Address 3 - Enter debtor's mailing address.
- City, State, Zip - Enter debtor's mailing city, state and zip.
- County - Select current county of principal place of business.
- Country - Leave blank, unless outside of U.S.A.
- Phone, Fax and E-mail - Leave blank.
- Party Text - Leave blank.
- Alias - Add, if any.
- Corporate parent/affiliate - Add, if any.
- Click Review… and verify entered information is correct. Click Return to Party Screen.
- When done, click Submit to continue.
Divisional Office Screen
- Click Next to continue.
Statistical Data Screen
- Prior filing within last 8 years – Select no or yes.
- Fee status - Select Paid.
- Nature of debt - Select appropriate option.
- Asset notice - Select Yes
- Estimated number of creditors - Select appropriate option.
- Estimated assets - Select appropriate option.
- Estimated liabilities - Select appropriate option.
- Small business - A small business debtor is defined in 11 U.S.C. § 101(51D). Select Yes or No.
- Subchapter - Check the box to indicate that you are electing to proceed under subchapter V of chapter 11.
- Chapter 11 Non-individual - Select if appropriate.
- Type of debtor - Select appropriate option.
- Nature of business - Select appropriate option.
- Special categories - Select if appropriate.
- NAICS (north American Industry Classification System) - Enter 4-digit code that best describes debtor. Click here for more NAIS info..
- Click Next to continue.
Summary of Assets and Liabilities Screen
- Enter values from corresponding schedules.
- When done, click Next to continue.
- If data is not available, click Next to bypass this screen.
Plan Due Date Screen
- This screen displays the Subchapter V Plan due date.
- Click Next to continue.
Deficiencies Screen
- This screen displays if deficiencies were noted on the first screen.
- Check the items NOT included in this filing.
- Click Next to continue.
PDF Upload Screen
- Click Browse/Choose File and upload PDF of petition, schedules and statements.
- Click Next to continue.
Incomplete Filings Screen
- This screen displays if deficiencies were noted on the first screen.
- The due date defaults to 14 days from date of filing.
- Click Next to continue.
Filing Fee Screen
- If paying in full, leave the default amount of $1738.
- Click Next.
Final Docket Entry Screen
- Carefully review the final docket entry.
- If incorrect, use your browser back button to the applicable screen to make corrections.
- If correct, click Next to file your case.
- If fees are due, a Summary of current charges displays in a separate window. Click Pay Now or Continue Filing.
Notice of Bankruptcy Case Filing
- The Notice of Bankruptcy Case Filing is verification that the case has been electronically filed with the court.
Next Steps
- Upload creditors.
- Assign judge/trustee.
- If not included with petition, file Corporate Resolution or Statement Regarding Authority to File Petition.
- File the signed Declaration re: Electronic Filing form within 7 days of case opening.