One of the first forms you need to fill when filing for bankruptcy is the Voluntary Petition. This is the form that provides the court with basic information about you. Some of the sections contained in the form include:
You need to include your name and the name of any joint debtor, as well as your respective Social Security Numbers and physical addresses. The aim of this part of the form is just to identify the person or people filing for the bankruptcy. Therefore, if you are married, then first determine whether you are making a joint petition with your spouse or if you are going for separate filings.
Your Connection to the Filing Venue
In this section, you need to explain to the court why you are filing your petition in its jurisdiction. This explanation isn't meant to be a personal one; it should have a legal basis. Remember that you can't just apply for a bankruptcy anyplace you wish, there are laws and regulations to follow. In most cases, you are only allowed to file for bankruptcy in a place if:
- It is has been your permanent residence for the past half year
- You have lived or operated a business in the area for a greater percentage of the last half year
- Your principal business is located there
Rent Certification (If You Are a Residential Property Tenant)
Are you living in a rental property and behind in rent, and your landlord has obtained a judgment against you? If you answer yes to all these questions, then you need to pay special attention to this section. The court will use your answers to determine whether it can help you to postpone your eviction.
This section is located on the last page of your petition. Just like the conventional use of signatures, it is meant to assure the court that the information you have provided in the previous pages are correct. But it is not just that; signing this certification also means that you have a clear understanding of all the alternative bankruptcies available to you, and that you have consciously chosen to file for this chapter.
Ideally, your attorney should go through this form with you so that you fill it knowing very well what you are doing. That is the only way to ensure that you are affixing your signature to factual and honest information at the end of the form. This is one of the reasons for consulting a lawyer before filing a bankruptcy petition.
For more information about the process of filing for bankruptcy, work with an experienced lawyer from a firm like Wade Bettis, J.D., Ph.D., PC.Share