Legal Question in Bankruptcy in Delaware

What is the name of the form, or method of appeal, that would grant me an extension to file the additional paperwork to complete a voluntary bankruptcy petition? In other words, I will be filing Chapter 13 on Monday in order to stop a Sherrif's sale on Tuesday. However, schedules I and J will not be finished. It is my understanding that I can recieve a fourteen day extension.

Asked on 3/05/10, 8:38 pm

1 Answer from Attorneys

Robert Wilcox Wilcox Law Firm

You really do not need an extension if you file the schedules within 14 days of filing the petition. The schedules are not required to be filed until 14 days after the case is filed.

To get the case filed, you need to file (a) the Voluntary Petition, (b) a certificate showing that you completed an approved "credit Counseling" course, (c) a document called "Statement of Social Security Numbers", and (d) the names and addresses of your creditors (but not the balances owed to them). You also must pay the filing fee.

This information allows the court to send a notice of the bankruptcy case to the creditors. (You can add creditors later if you miss some, but there may be an additional court fee.)

You then have 14 days to file the required schedules and statement of financial affairs.

I strongly urge you to retain an attorney to help you. Chapter 13 is not simple, and there are a million pitfalls. A proper plan by someone familiar with the requiremnts of the bankruptcy Code, the Court, and the Chapter 13 Trustee will save you a lot of money over doing it yourself.

Robert Wilcox

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Answered on 3/11/10, 6:23 am

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