Bankruptcy Forms for Pierre, South Dakota - Hughes County

Bankruptcy Forms for Pierre, South Dakota - Hughes County



SD Bankruptcy InformationBankruptcy Forms for the
South Dakota District Bankruptcy Court

This page begins with a discussion of forms required, generally, for any bankruptcy.
For forms specific to the the South Dakota District Bankruptcy Court, click here.

 

Required forms & fees

Each court has its own local rules, but the basic bankruptcy consists of the forms you see listed in the table below, plus any additional forms your local court may require.


Timeliness note: Always check that the date on the form you're using is the date of the form your court currently requires -- or will require in the future, on the date you're planning to file. Each form has a a month and year in the upper right corner.

Sometimes forms are updated and change several times during a year, and other times there may be no changes for a year or more. We make every effort to keep the links on this page up to date, but it's essential that you confirm with your local court that you are using what they consider to be the current version of all forms.


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Basic Forms You Will Need in Any Court

The South Dakota District Bankruptcy Court has additional local forms and requirements, too. See below.

The information below is based on an uncommonly clear and helpful chart from the Federal Bankruptcy Court of the Western District of Wisconsin. These are the basic requirements for any Chapter 7 bankruptcy.

In both chapter 7 and chapter 13, the following are required to start the bankruptcy (minimum filing requirements):
  1. Voluntary petition (revised 4/10) Must be signed by the debtor(s). Pro se debtors must include a day time phone number with area code.
    Form B1 - Exhibit D to Voluntary Petition - Individual Debtor's Statement of Compliance with Credit Counseling Requirement (new 10/06)

  2. Filing fee, or an application to pay filing fees in installments, or a fee waiver (in forma pauperis). Make all fees payable to: U.S. Bankruptcy Court. Chapter 13's must be paid in full or through the Plan.
    A fee waiver may ONLY be used for a chapter 7 filing. Qualifiying for a fee waiver. Poverty Guidelines.

  3. Creditor Matrix A diskette or CD containing the names and addresses of all creditors is preferred, however, you may submit it in paper form.

  4. Statement of Social Security Number(s) signed by debtor(s). Non-debtor spouse information must be added to this document. Policy on Privacy

  5. Certificate of credit counseling and debt repayment plan if any. Visit the U.S. Trustee's site to find information on credit counseling and debtor education.

  6. Form 19 - Declaration & Signature of Non-Attorney Bankruptcy Petition Preparer (if applicable)

  7. Form B280 - Statement disclosing compensation paid or to be paid to a bankruptcy petition preparer (if applicable)

Where do I file my case?

Privacy Warning

The following schedules and statements must be filed with the voluntary petition, or no later than 14 calendar days after filing the voluntary petition:

More information on the requirements of the Office of the U.S. Trustee

341 notice and deadlines - Notice of bankruptcy case filing, meeting of creditors, & deadlines will be sent to the debtor and all creditors listed on the matrix within 7 to 10 business days. The debtor (both spouses in a joint case) must be present at the meeting to be questioned under oath by the trustee and by the creditors. Pro se debtors should also be familiar with Bankruptcy Code � 521, Rule 4002 of the Federal Rules of Bankruptcy Procedure.

  • Due 7 days before the date set for the Section 341 meeting of creditors: Provide the trustee with a copy of the Federal income tax return (or transcript of return) for the most recent tax year ending before filing. Tax return privacy information
The following statement must be filed with the voluntary petition, or no later than 30 calendar days after filing the voluntary petition:
Due before the discharge is granted:
Other Forms:
Miscellaneous:

Chapter 13 filings require slightly different forms.

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st Local Forms Required by the South Dakota District Bankruptcy Court

Every local bankruptcy court has one or more additional special forms that you must file when you file the standard set of bankruptcy forms. All courts have special local requirements for the "mailing matrix" of the names and addresses of your creditors. Every court publishes very specific rules about how this list must be formatted so that the court can scan it into its computer system. Check your court's website (South Dakota District Bankruptcy Court) to find out its mailing matrix requirements, as well as other required forms. Such requirements are typically found in a list of local rules.

If you're lucky, your court may publish a special procedural guide specifically for debtors who are filing without a lawyer. Until recently, most courts, however, did not offer this kind of information on their web sites. That has changed a lot in the past few years and several courts offer very good information.

Local forms for the South Dakota District Bankruptcy Court and local rules can be obtained by clicking here

Local forms you're likely to need

Each district court has its own preferred format for the mailing matrix -- a list of of creditors that you must supply when you file, formatted in a certain way so that the court can scan it.

Matrix requirements can be found in the local rules or sometimes a separate instruction sheet available on the website.

Your court may also have a local requirements regarding any reaffirmation agreement you make with a creditor. Courts review such agreements closely to make sure the creditor is not ripping you off and that one creditor is not benefiting at the expense of others.

Other Useful Forms

Request for Transcript of Tax Return (IRS 4506-T)

Glossary of Bankruptcy Terminology

The U.S. Federal Bankruptcy Courts website offers a fairly decent, plain-English glossary of bankruptcy terminology, which can be helpful when reading local rules and forms.

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Getting help with forms and filing

Instructions are harder to come by than they used to be. The official U.S. Court website offers no instructions with these forms, other except a link to the congressional committee reports that were written at the time the forms were created. These are not step-by-step instructions, but rather a broad description of the purpose of each form.

Books that provide instructions for filling in official forms

The legal publisher Nolo publishes a comprehensive bankruptcy form instruction book (which I co-author). This book takes you through each form, line by line, explains what the terminology means, and provides examples. It also alerts you to situations that may require more help.

Bankruptcy Software

There are several software products designed for lawyers that will prepare full sets of bankruptcy forms, but these programs assume you already know bankruptcy law and are designed for filing multiple bankruptcies. In short, they're not appropriate for first-time bankruptcy filers.

There are also a few packages purportedly offered for consumers. Proceed with caution. Some of these packages are little more than PDF versions of the forms, which are are available free from the courts themselves.

If you are not a lawyer, the only value of these products would depend on the quality of the instructions they provide. You'll need instructions on how to complete each form, as well as a good understanding of how each form fits into the larger process of filing for bankruptcy.

Bankruptcy Lawyers

See Bankruptcy Lawyers

Bankruptcy Petition Preparers (BPP)

Bankruptcy Petition Preparers (BPPs) are nonlawyers who offer help in filling in the forms. The latest revision of the bankruptcy laws formally recognized these services as legitimate, but also imposed severe restrictions on what they can charge and scope of the services they can perform.

What BPPs Can't Do

Lawyers have jealously guarded their turf when it comes to bankruptcy. Lawyers already lost this battle in the area of tax preparation. Today, non-lawyer tax preparers openly advertise the good advice they can give you in addition to completing your forms. BPPs can do no such thing when it comes to bankruptcy forms.

Under the new bankruptcy law, BPPs must give debtors a form that lists all the things BPPs can't do (form 19B), and all the topics they can't discuss -- basically anything that might be characterized as legal advice. Thus, the sort of tips that tax preparers commonly give to people when preparing their taxes, BPPs can't give when bankruptcy forms. (Some believe this raises profound First Amendment and restraint of trade issues.)

How to File For Chapter 7 Bankruptcy (HFB book) will not give you specific advice, either, but it does discuss important facts to consider in making the kinds of decisions listed the following table:

What BPPs can't do (language of Form B 19) Plain English Where topic is covered in HFB Book.
I am forbidden
to offer you
any legal advice, including advice about any of the following:
   
• whether to file a petition under the Bankruptcy Code (11 U.S.C. § 101 et seq.); Whether you should file for bankruptcy Ch. 1 (free sample chapter)
• whether commencing a case under chapter 7, 11, 12, or 13 is appropriate; What kind of bankruptcy you should file for Ch. 1 (free sample chapter)
• whether your debts will be eliminated or discharged in a case under the Bankruptcy Code; Which debts are non-dischargeable, secured, etc. Ch's. 9, 5
• whether you will be able to retain your home, car, or other property after commencing a case
under the Bankruptcy Code;
Whether you'll lose your house, car, or other property Chs. 3, 4, 5
• concerning the tax consequences of a case brought under the Bankruptcy Code; Tax consequences Not covered
• concerning the dischargeability of tax claims; Whether or not your tax debts will be wiped out Ch. 9
• whether you may or should promise to repay debts to a creditor or enter into a reaffirmation
agreement with a creditor to reaffirm a debt;
Which secured loans are worth hanging onto, versus other options (e.g. surrendering property) Ch. 5
• concerning how to characterize the nature of your interests in property or your debts; or Whether property is exempt
or
into which exemption category a particular item fits
Ch. 3, 4
• concerning bankruptcy procedures and rights.
What happens in bankruptcy; what are your rights Whole book

Free PDF Downloadable Bankruptcy Forms

Official PDF Downloads

The links below connect you to forms provided by the US Court system. All bankruptcy forms available for free as Adobe Acrobat (PDF) forms.

Finding Instructions for the Forms

Official instructions for most of the revised Official Bankruptcy Forms are not available because they are "under revision." It has been many months since these new forms were first published and there's no word on when the instructions will be available. Links to the revised instructions will be posted here as they are available. The only instructional text posted are the committee notes from the congressional committees that wrote the law creating these forms.
 

The basic forms that get things underway.

B 1

Voluntary Petition (04/13)
Exhibit "A" (9/97) | Exhibit "C" (9/01) | Exhibit "D" (12/09) | Instructions | Committee Notes
B 2

Declaration under Penalty of Perjury on Behalf of a Corporation or Partnership
Instructions | Committee Notes

B 3A

Application for Individuals to Pay the Filing Fee in Installments (12/14)
Committee Notes

B 3B

Application to Have the Chapter 7 Filing Fee Waived (12/14)
Committee Notes

B 4

List of Creditors Holding 20 Largest Unsecured Claims (12/07)
Instructions | Committee Notes

B 5

Involuntary Petition (12/07)
Instructions | Committee Notes

The Schedules:

Where you list
- all your stuff,
- all you owe, and
- whom you owe it to
- how you'd like to handle your secured debts (auto, home, etc.)

B6

Cover Sheet for Schedules (12/07)

B6

Summary (Summary of Schedules) (12/13)

B 6A

Schedule A - Real Property (12/07)
Instructions | Committee Notes (6A-J)

B 6B

Schedule B - Personal Property (12/07)
Instructions

Exemptions

B 6C

Schedule C - Property Claimed as Exempt (4/13)
Instructions

Secured Debts

B 6D

Schedule D - Creditors Holding Secured Claims (12/07)
Instructions

Unsecured Debts

B 6E

Schedule E - Creditors Holding Unsecured Priority Claims (4/13)
Instructions

B 6F

Schedule F - Creditors Holding Unsecured Nonpriority Claims (12/07)
Instructions

Contracts & Leases

B 6G

Schedule G - Executory Contracts and Unexpired Leases (12/07)
Instructions

Codebtors

B 6H

Schedule H - Codebtors (12/07)
Instructions

Your Income & Expenses

B 6I

Schedule I: Your Income (12/13)
Instructions

B 6J

Schedule J: Your Expenses (12/13)
Instructions

B 6

Declaration Concerning Debtor's Schedules (12/07)
Instructions

Your Debts

B 7

Statement of Financial Affairs (04/13)
Instructions
| Committee Notes

How to handle your secured debts

B 8

Chapter 7 Individual Debtor's Statement of Intention (12/08)
Instructions | Committee Notes

B 9A Chapter 7 Individual or Joint Debtor No Asset Case (12/12)
Form | Committee Notes (B9A -- 9I)
B 9B Chapter 7 Corporation/Partnership No Asset Case (12/12)  
Form
B 9C Chapter 7 Individual or Joint Debtor Asset Case (12/12)
Form
B 9D Chapter 7 Corporation/Partnership Asset Case (12/12)  
Form
B 9E Chapter 11 Individual or Joint Debtor Case (12/12)  
Form
B 9E(Alt.) Chapter 11 Individual or Joint Debtor Case (12/12)
Form
B 9F Chapter 11 Corporation/Partnership Case (12/12)
Form
B 9F(Alt.) Chapter 11 Corporation/Partnership Case (12/12)
Form
B 9G Chapter 12 Individual or Joint Debtor Family Farmer (12/12)
Form
B 9H Chapter 12 Corporation/Partnership Family Farmer (12/12)
Form
B 9I Chapter 13 Case (12/12)
Form

Proof of Claim

B 10 Proof Of Claim (04/13)
Instructions | Committee Notes
B 10 A Attachment A (12/11)
Form | Committee Note
B 10 Supp 1 Supplement 1 (12/11)
Form | Committee Note
B 10 Supp 2 Supplement 2 (12/11)
Form | Committee Note
B 11A

General Power of Attorney (06/90)
Instructions
| Committee Notes

B 11B

Special Power of Attorney (06/90)
Instructions | Committee Notes

B 12

Order and Notice for Hearing on Disclosure Statement (12/03)
Instructions | Committee Notes

B 13

Order Approving Disclosure Statement and Fixing Time for Filing Acceptances or Rejections of Plan, Combined with Notice Thereof (12/03)
Instructions
| Committee Notes

B 14

Ballot for Accepting or Rejecting Plan (12/03)
Instructions | Committee Notes

B 15

Order Confirming Plan (12/01)
Instructions | Committee Notes

B 16A

Caption (12/07)
Instructions | Committee Notes

B 16B

Caption (Short Title) (12/94)
Instructions
| Committee Notes

B 16C

[Abrogated] (12/03)
Committee Notes

B 16D

Caption for Use in Adversary Proceeding other than for a Complaint Filed by a Debtor (12/04)
Instructions | Committee Notes

B 17

Notice of Appeal under 28 U.S.C. §158(a) or (b) from a Judgment, Order or Decree of a Bankruptcy Court (12/04)
Instructions | Committee Notes

B 18

Discharge of Debtor (12/07)
Instructions | Committee Notes

B 19

Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer (12/07)
Instructions | Committee Notes

B 20A

Notice of Motion or Objection (12/10)
Instructions | Committee Notes (20A-B)

B 20B

Notice of Objection to Claim (12/03)
Instructions

B 21

Statement of Social Security Number (12/12)
Instructions | Committee Notes

Means Test Forms

Chapter 7 Means Test

B 22A-1

Chapter 7 Statement of Your Current Monthly Income (12/14)
Instructions Comittee Note

B 22A-1Supp Supp Statement of Exemption from Presumption of Abuse Under §707(b)(2) (12/14)
B 22A-2 Chapter 7 Means Test Calculation (12/14)
B 22B

Statement of Current Monthly Income (Chapter 11) (12/10)
Instructions Comittee Note

Chapter 13 Means Test

B 22C-1

Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period (12/14)
Instructions Comittee Note
B 22C-2 Chapter 13 Calculation of Your Disposable Income (12/14)

Debtor Education Completion Form

B 23

Debtor's Certification of Completion of Instructional Course Concerning Financial Management (12/10)
Instructions | Committee Notes

B 24 Certification to Court of Appeals (12/07)
Instructions | Committee Notes

Reaffirmation Agreement & Cover sheet

B 27 Reaffirmation Agreement Cover Sheet (12/13)
Instructions | Committee Note
B 240A/B ALT Reaffirmation Agreement (12/11)
Form
 
B 132 Application for Search of Bankruptcy Records (11/11)
Form

List of Required Forms, etc.

B 200 Required Lists, Statements, Schedules, and Fees (06/14)
B 201A Notice to Individual Consumer Debtor (06/14)
Instructions

Can't find what you're looking for? Additional forms can be found at the official forms page forms provided by the US Court system. All bankruptcy forms available for free as Adobe Acrobat (PDF) forms.

 

Source: USCourts.gov

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Welcome, South Dakota users of Nolo's
How to File for Chapter 7 Bankruptcy

How to File for Chapter 7 Bankruptcy
LegalConsumer.com helps you find local South Dakota information and services to help you file for bankruptcy.

If you don't own the book, you can still use this site and the free Hughes County means test calculator.

Learn more...

Albin Renauer, the operator of LegalConsumer.com and the Means Test Calculator, is also a coauthor of Nolo's How to File for Chapter 7 Bankruptcy.

How to File for Chapter 7 Bankruptcy provides clear, user-friendly information and all the forms you need to get through the entire bankruptcy process. The book works perfectly with the local resources, LegalConsumer.com's means test calculator, and lists of South Dakota exemption laws (which determine which assets you can keep in bankruptcy) you'll find on LegalConsumer.com.

The book covers the entire process, and gives you the line-by-line instructions you need to fill out the required Chapter 7 bankruptcy forms. Meanwhile, this website gives you access to the latest local court information and county standards for the means test calculations that need to file a sucessful bankruptcy petition.

But first, use the book to find out whether or not Chapter 7 is the best way to deal with your debts. It's important to learn what bankruptcy cannot do. You don't want to go to all the trouble of filing bankruptcy only to find out that the it won't help solve your particular problem or kind of debt.

If you do decide Chapter 7 bankruptcy is the right option, you'll learn how you can use it to:

  • cancel as much debt as possible
  • stop wage garnishments and attachments
  • keep the maximum amount of property using South Dakota exemption laws
  • deal with secured debts and liens on your property
  • keep your home and car, if possible.

If you think you want to file for bankruptcy but aren't sure you can afford to hire an attorney, How to File for Chapter 7 Bankruptcy will help you learn what it takes to complete your bankruptcy petition on your own and complete the bankruptcy process.

You'll also learn how to rebuild your credit rating after bankruptcy.

Note: How to File for Chapter 7 Bankruptcy doe s not cover individual repayment plans (Chapter 13 bankruptcy). See Nolo's  Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time.

"Clear instructions on when and how to fill out the necessary forms."
-Forbes

"Exceptionally clear…"
-The New York Times

"A do-it-yourself bankruptcy book for people who can’t afford expensive lawyers."
-Newsweek

 

Forms included:

  • Current Monthly Income Worksheet
  • Personal Property Checklist
  • Property Exemption Worksheet
  • Homeowners’ Worksheet
  • Bankruptcy Forms Checklist
  • Bankruptcy Documents Checklist
  • Median Family Income Chart
  • Judicial Lien Worksheet
  • Amendment Cover Sheet
  • Notice of Change of Address
  • Supplemental Schedule for Property Acquired After Bankruptcy Discharge
  • Proof of Service by Mail
  • Pleading Paper 

How to File for Chapter 7 Bankruptcy

Press Reviews

"Exceptionally clear."
The New York Times
"How to File for Chapter 7 Bankruptcy advises on everything from how to file court papers to how to respond to threats from creditors.... A do-it-yourself bankruptcy book for people who can’t afford expensive lawyers."
Newsweek
"An in-depth guide to filing under Chapter 7, including state-by-state and federal exemptions as well as forms for do-it-yourself filers."
Kiplinger’s Personal Finance Magazine
"Can help you decide if bankruptcy is the right option for you."
Detroit News
"A valuable, easy-to-understand workbook."
Los Angeles Times
"Includes clear instructions on when and how to fill out all the necessary forms, which assets you may legally keep, even advice on whether your case is complicated enough to make it worth your while to hire a lawyer."
Forbes
"The best [bankruptcy books] I know are published by Nolo."
Harry S. Gross, host of
“Speaking of Your Money”
"Covers all the recent changes to the bankruptcy law, and shows you how to get through the entire process with the least damage."
Accounting Today

Customer Review

"I bit the bullet, and purchased Nolo's How to File Chapter 7 Bankruptcy. I represented myself in court and I was granted a discharge of all debts five months later."
Danielle A.,
Richmond, VA

Buy & Download now: Nolo (publisher)

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Chapter 13 Bankruptcy:
Keep Your Property & Repay Your Debts Over Time
(12th edition, 2014)

Chapter 13 Bakruptcy Book
Are you behind on your mortgage, taxes or other bills? Are creditors threatening foreclosure or repossession? Consider Chapter 13 bankruptcy, which can give you an affordable repayment plan -- and let you keep your house, car and other property. Use this plain-English guide to decide whether or not it's right for you.

Nolo's Chapter 13 Bankruptcy breaks down the Chapter 13 process and provides clear explanations of the law. First, you can:

  • consider nonbankruptcy alternatives for solving your debt problems
  • decide which is better for you -- Chapter 7 or Chapter 13
  • determine whether you qualify for Chapter 13 bankruptcy

Then, delve deeper into Chapter 13 and find out:

  • how filing bankruptcy stops creditors instantly (the "automatic stay")
  • how Chapter 13 can help you avoid foreclosure
  • whether you can reduce your car loan balance, or the balance on other secured debts
  • whether you can get rid of second mortgages or home equity debt

If you think Chapter 13 bankruptcy could work for you, you'll be ready to:

  • determine (with the book's forms and step-by-step instructions) whether you have enough income to come up with a repayment plan that the court will approve
  • calculate the amount of your monthly plan payment
  • find and work effectively with an excellent lawyer, and
  • rebuild your credit after bankruptcy.

This newest edition includes information on hiring and working with a lawyer, recent court rulings that interpret the federal bankruptcy laws. You'll also find the latest bankruptcy exemption laws in your state, which determine which assets you can keep, and recent IRS standard expense amounts, which affect Chapter 13 plan payments.

In Paperback and eBook
Pub. Date: 2014
Edition: 12th

List Price: $39.99
Buy now:
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Chapter 13 Bankruptcy: Repay Your Debts

Press Reviews

"In Nolo’s usual thorough fashion, here is a guide to an alternative to the typical Chapter 7 Bankruptcy."
Orange County Register
"An excellent book that can guide you through the [Chapter 13] process."
Forbes Magazine
"Chapter 13 Bankruptcy will save you a fortune in attorney fees and confusion."
The Midwest Book Review
"This is the best book going if you choose to file alone or if you want background on the Chapter 13 process."
Attorney Gary Klein,
co-author of Consumer Bankruptcy Law and Practice
"An excellent resource..."
Consumers Digest
"Contains many tear-out forms, federal and state exemptions charts, and the most recent legal documents and instructions on how to fill them out. "
Reference & Research Book News

Buy now: Nolo (publisher)

 

The New Bankruptcy

The New Bankruptcy

Considering bankruptcy? Get the facts and find out how bankruptcy could work for you.

Bankruptcy laws have changed, and figuring out how to use them effectively is harder than ever. For plain-English guidance you can trust, turn to The New Bankruptcy. Get the strategies, clear-cut answers, and information and you need to figure out whether bankruptcy is the right solution for your debt problems. Find out:

  • if you qualify for Chapter 7 bankruptcy
  • how Chapter 13 repayment plans work
  • which debts are wiped out
  • how bankruptcy affects homeowners
  • if you can keep cars and other property
  • how bankruptcy affects credit
  • alternative ways to handle debt problems

The 5th edition includes updated state and federal exemption tables, plus information on recent Supreme Court cases that affect bankruptcy. You'll also get worksheets to help you determine whether you can file for bankruptcy, including fully up-to-date exemption charts, helpful checklists, and easy-to-use legal charts for all 50 states.

"Authoritative, comprehensive and packed with helpful advice and useful information, including state-specific details."
-Eric Tyson, Author of Personal Finance For Dummies

"…it's important to know whether [bankruptcy] remains a viable option, and this book will offer both explanations and reassurances…"
-Accounting Today


In Paperback and eBook
Pub. Date: 2013
Edition: 5th

Press Reviews

"Authoritative, comprehensive and packed with helpful advice and useful information, including state-specific details."
Eric Tyson, best-selling author of
Personal Finance for Dummies
and Mind Over Money
"With last year's change in the bankruptcy laws creating unprecedented confusion in the field, it's important to know whether it remains a viable option, and this book will offer both explanations and reassurances..."
Accounting Today