CHAPTER 13
STATEMENT
OF FINANCIAL AFFAIRS
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF __________
Each question must be answered or the failure to answer explained. If
the answer is none or not applicable, state that in the space given. If
additional space is needed for the answer to any question, a separate sheet,
properly identified and made a part of this document may be used and attached.
The term original petition, used in the following questions, means the
original petition filed under Section 301 of the Code or, if the Chapter 13
case was converted from another chapter of the Code, shall mean the petition by
or against you which originated the first case.
This form must be completed in full whether a single or a joint
petition is filed. When information is requested for each or either spouse
filing a petition, it should be supplied for both when a joint petition is filed.
1. Name and residence.
___________________________________________________
______________________________________________________________________
a. Give full name.
Husband (or, if single, Debtor) _________________________
Wife ___________________________________________
b. Where does debtor, if single, or each spouse filing a petition now
reside?
(1) Mailing address of husband (or debtor)
___________________________________________________________________
City or town, state and zip code
___________________________________________________________________
(2) Mailing address of wife
___________________________________________________________________
City or town, state and zip code
___________________________________________________________________
(3) Telephone number including area code
Husband (or, if single, Debtor)
___________________________________________
Wife _______________________________________________________________
c. What does debtor, if single,
or each spouse filing a petition consider his or her residence, if different
from that listed in b, above?
Husband (or Debtor) _________________________________________________
Wife ______________________________________________________________
2. Occupation and income.
a. Give present occupation of
debtor, if single, or of each spouse filing a petition. (If more than one, list
all for debtor or each spouse filing a petition.)
Husband (or Debtor) __________________________________________________
Wife ______________________________________________________________
b. What is the name, address,
and telephone number of the present employer (or employers) of debtor, if
single, or of each spouse filing a petition? (Include also any identifying
badge or card number with employer.)
Husband (or Debtor) __________________________________________________
Wife ______________________________________________________________
c. How long has debtor, if
single, or each spouse filing a petition been employed by present employer?
Husband (or Debtor) ___________________________________________________
Wife ________________________________________________________________
d. If debtor or either spouse
filing a petition has not been employed by his or her present employer for a
period of one year, state the name of prior employer(s) and nature of
employment during that period.
Husband (or Debtor) ___________________________________________________
Wife ________________________________________________________________
e. Has debtor or either spouse
filing a petition operated a business, in partnership or otherwise, during the
past three years? (If so, give the particulars, including names, dates, and
places.)
Husband (or Debtor) ___________________________________________________
Wife ________________________________________________________________
f. Answer the following
questions for debtor, if single, or for each spouse whether single or joint
petition is filed unless spouses are separated and a single petition is filed:
(1) What are your gross wages,
salary, or commissions per pay period?
Husband Wife
(or Debtor)
(a) Weekly __________ __________
(b)
Semi-monthly __________
__________
(c) Monthly __________ __________
(d) Other
(specify) __________ __________
(2) What are your payroll
deductions per pay period for:
Husband Wife
(or Debtor)
(a) Payroll taxes
(including
social
security) __________ __________
(b)
Insurance __________ __________
(c) Credit union __________ __________
(d) Union
dues __________ __________
(e) Other
(specify) __________ __________
(3) What is your take-home pay
per pay period?
Husband
Wife
(or Debtor)
__________
__________
(4) What was the amount of your
gross income for the last calendar year?
Husband
Wife
(or Debtor)
__________
__________
(5) Is your employment subject
to seasonal or other change?
Husband Wife
(or Debtor)
__________
__________
(6) Has either of you made any
wage assignments or allotments? (If so, indicate which spouses wages here
assigned or allotted, the name and address of the person to whom assigned or
allotted, and the amount owing, if any, to such person. If allotment or
assignment is to a creditor, the claim should also be listed in Item 11a.)
________________________________________________________________
3. Dependents. (To be answered by debtor if unmarried, otherwise for
each spouse whether single or joint petition is filed unless spouses are
separated and a single petition is filed.)
a. Do either of you pay (or
receive) alimony, maintenance, or support? __________ If so, how much per
month? __________ For whose support?
(Give name, age, and relationship
to you.)
Husband (or Debtor) _________________________________________________
Wife ______________________________________________________________
b. List all other dependents,
other than present spouse, not listed in a, above. (Give name, age and
relationship to you.)
Husband (or Debtor) __________________________________________________
Wife _______________________________________________________________
4. Budget.
a. Give your estimated average
future monthly income, if unmarried, otherwise for each spouse whether single
or joint petition is filed, unless spouses are separated and a single petition
is filed.
(1) Husbands (or Debtors) monthly take-home
pay ___________
(2) Wife’s monthly take-home pay ___________
(3) Other monthly income (specify) ___________
___________
Total
===========
b. Give estimated average
future monthly expenses of family (not including debts to be paid under plan),
consisting of:
(1) Rent or home mortgage payment (include lot
rental for trailer) __________
(2) Utilities
Electricity __________
Heat __________
Water __________
Telephone __________
(3) Food __________
(4) Clothing __________
(5) Laundry and cleaning
(6) Newspapers, periodicals,
and books
(including school books) __________
(7) Medical and drug expenses __________
(8) Insurance (not deducted
from wages)
(a) Automobile __________
(b)
Other __________
(9) Transportation (not
including
automobile payments
to be paid
under plan) __________
(10) Recreation __________
(11) Dues, union, professional,
social or
otherwise (not
deducted from
wages) __________
(12) Taxes (not deducted
from wages) __________
(13) Alimony, maintenance, or
support
payments
__________
(14) Other payments for support
of dependents
not living
at home __________
(15) Religious and other
charitable
contributions _________
(16) Other (specify) _________
_________
_________
_________
Total ===========
c. Excess of estimated future
monthly income (last line
of
Item 4a, above) over
estimated
future expenses (last line
of
Item 4b, above) __________
d. Total amount to be paid
each
month under plan __________
5. Payment of attorney.
a. How much have you agreed to
pay
or what property have you
agreed
to transfer to your
attorney in
connection with this
case? __________
b. How much have you paid or
what
have you transferred to
the
attorney? __________
6. Tax refunds. (To be answered by debtor, if unmarried, otherwise for
each spouse whether single or joint petition is filed, unless spouses are
separated and a single petition is filed.)
To what tax refunds (income or other), if any, is either of you, or may
either of you be, entitled? (Give particulars, including information as to any
refunds payable jointly to you or any other person. All such refunds should
also be listed in Item 13b.)
_________________________________________________________________
_________________________________________________________________
7. Financial accounts, certificates of deposit and safe deposit boxes.
(To be answered by debtor, if unmarried, otherwise for each spouse whether
single or joint petition is filed unless spouses are separated and a single
petition is filed.)
a. Does either of you
currently have any accounts or certificates of deposit or shares in banks,
savings and loan, thrift, building and loan and homestead associations, credit
unions, brokerage houses, pension funds and the like? (If so, give name and
address of each institution, number and nature of account, current balance, and
name and address of every other person authorized to make withdrawals from the
account. Such accounts should also be listed in Item 13b.)
_______________________________________________________
_______________________________________________________
b. Does either of you
currently keep any safe deposit boxes or other depositories? (If so, give name
and address of bank or other depository, name and address of every other person
who has a right of access thereto, and a brief description of the contents,
which should also be listed in Item 13b.)
________________________________________________________
________________________________________________________
8. Prior Bankruptcy.
What cases under the Bankruptcy Act or Bankruptcy Code have previously
been brought by or against you or either spouse filing a petition? (State the
location of the bankruptcy court, the nature and number of each case, the date
when it was filed, and whether a discharge was granted or denied, the case was
dismissed, or a composition, arrangement, or plan was confirmed.)
__________________________________________________________________
__________________________________________________________________
9. Foreclosures, executions, and attachments. (To be answered by debtor,
if unmarried, otherwise for each spouse whether single or joint petition is
filed unless spouses are separated and a single petition is filed.)
a. Is any of the property of
either of you, including real estate, involved in a foreclosure proceeding, in
or out of court? (If so, identify the property and the person foreclosing.)
_____________________________________________
_______________________________________________________
b. Has any property or income
of either of you been attached, garnished, or seized under any legal or
equitable process within the 90 days immediately preceding the filing of the
original petition? (If so, describe the property seized, or person garnished,
and at whose suit.) ________________________________________
_______________________________________________________
_______________________________________________________
10. Repossessions and returns. (To be answered by debtor, if unmarried,
otherwise for each spouse whether single or joint petition is filed unless
spouses are separated and a single petition is filed.) Has any property of
either of you been returned to, repossessed, or seized by the seller or by any
other party, including a landlord, during the 90 days immediately preceding the
filing of the original petition? (If so, give particulars, including the name
and address of the party taking the property and its description and value.)
_______________________________________________________________
_______________________________________________________________
11. Transfers of Property. (To be answered by debtor, if unmarried,
otherwise for each spouse whether single or joint petition is filed unless
spouses are separated and a single petition is filed.)
a. Has either of you made any
gifts, other than ordinary and usual presents to family members and charitable
donations, during the year immediately preceding the filing of the original
petition? (If so, give names and addresses of donees and dates, description and
value of gifts.)
___________________________________________________________________
___________________________________________________________________
b. Has either of you made any
other transfer, absolute or for the purpose of security, or any other
disposition, of real or personal property during the year immediately preceding
the filing of the original petition? (Give a description of the property, the
date of the transfer or disposition, to whom transferred or how disposed of,
and, if the transferee is a relative or insider, the relationship, the
consideration, if any, received, and the disposition of such consideration.)
____________________________________________________________________
_____________________________________________________________________
Debts. (To be answered by debtor, if unmarried, otherwise for each
spouse whether single or joint petition is filed.)
a. Debts Having Priority.
(1) (2) (3) (4) (5)
Nature Name of Specify when claim Indicate Amount
of creditor was incurred and if
claim of
claim and complete the consideration is
con- claim
including mailing therefor; tingent,
zip address when unliquidated,
code claim is or
subject disputed
to setoff,
evidenced by
a judgment,
negotiable
instrument,
or
other writing
___________ ____________ _______________ ____________
_________
___________ ____________ _______________ ____________
_________
___________ ____________ _______________ ____________
_________
___________ ____________ _______________ ____________
_________
___________ ____________ _______________ ____________
_________
___________ ____________ _______________ ____________
_________
1. Wages, salary, and commissions, including vacation, severance and
sick leave pay owing to employees not exceeding $2,000 to each, earned within
90 days before filing of petition or cessation of business (if earlier specify
date). $__________
2. Contributions to employee benefit plans for services rendered within
180 days before filing of petition or cessation of business (if earlier specify
date). $__________
3. Deposits by individuals, not exceeding $900 for each for purchase,
lease, or rental of property or services for personal, family, or household use
that were not delivered or provided. $__________
4. Taxes owing (itemize by type of tax and taxing authority)
(A) To the United
States __________
(B) To any state __________
(C) To any other
taxing authority __________
__________
Total __________
b. Secured Debts. List all
debts which are or may be secured by real or personal property. (Indicate in
sixth column, if debt payable in installments, the amount of each installment,
the installment period (monthly, weekly, or otherwise) and number of
installments in arrears, if any. Indicate in last column whether husband or
wife solely liable, or whether you are jointly liable.)
________________________________________________________________
Credi-
tor’s
name, ac-
count Install-
number ment
and amount,
comp- Descrip- Period,
House
lete tion
of and hold
mailing Consi- If dis-
collate- number or wife
address eration Amount puted, ral (inc- of solely
inclu- or
claimed
amount
lude year install-
liable,
ding basis
by
admit-
and make ments
or
zip for
credi-
ted by
of auto- in jointly
code debt
tor
debtor mobile) arrears liable
__________ _________ __________ ________ _________ ________ ________
__________ _________ __________ ________ _________ ________ ________
__________ _________ __________ ________ _________ ________ ________
__________ _________ __________ ________ _________ ________ ________
__________ _________ __________ ________ _________ ________ ________
__________ _________ __________ ________ _________ ________ ________
__________ _________ __________ ________ _________ ________ ________
__________ _________ __________ ________ _________ ________ ________
__________ _________ __________ ________ _________ ________ ________
Total secured debts __________
c. Unsecured Debts. List
all other debts, liquidated and unliquidated, including taxes, attorney’s fees,
and tort claims.
__________________________________________________________________
Creditors
name, ac-
count number Husband
and complete or
wife
mailing Consider- If disputed, solely
address ation
or Amount amount liable,
including basis for claimed
by admitted or
jointly
zip code debt creditor by
debtor liable
_______________ __________
__________ __________ __________
_______________ __________
__________ __________ __________
_______________ __________
__________ __________ __________
_______________ __________
__________ __________ __________
_______________ __________
__________ __________ __________
_______________ __________
__________ __________ __________
_______________ __________
__________ __________ __________
Total unsecured debts ____________________________________
13. Co-debtors. (To be answered by debtor, if unmarried, otherwise for
each spouse whether single or joint petition is filed.)
a. Are any other persons
liable, as cosigners, guarantors, or in any other manner, on any of the debts
of either of you or is either of you so liable on the debts of others? (If so,
give particulars, indicating which spouse is liable and including names of
creditors, nature of debt, names and addresses of co-debtors, and their
relationship, if any, to you.)
_________________________________________________________
_________________________________________________________
b. If so, have the co-debtors
made any payments on the debts? (Give name of each co-debtor and amount paid by
co-debtor.)
_________________________________________________________
_________________________________________________________
c. Has either of you made any
payments on the debts? (If so, specify total amount paid to each creditor,
whether paid by husband or wife, and name of co-debtor.)
_________________________________________________________
_________________________________________________________
14. Property and Exemptions. (To be answered by debtor, if unmarried,
otherwise for each spouse whether single or joint petition is filed.)
a. Real Property. List all
real property owned by either of you at date of filing of original petition.
(Indicate in last column whether owned solely by husband or wife, or jointly.)
Present Value
market claimed
value Amount exempt
Name (without of specify
of any deduction mortgage Name of federal Owned
Descrip- co- for or other
mort- or state solely
tion and owner mortgage security gagee statute by
location other or other interest or other creating husband
of than security on this
secured the ex- or wife
property spouse interest) property
creditor emption) jointly
_____________ ___________ _______
_______ ___________ _______
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_____________ ___________ _______
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_____________ ___________ _______
_______ ___________ _______
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_____________ ___________ _______
_______ ___________ _______
_______
I, ______________________, (if joint petition is filed and I,
________________,) declare under penalty of perjury that I have read the
answers contained in the above statement, consisting of __________ sheets, and
that they are true and complete to the best of my knowledge, information, and
belief.
Dated: __________.
____________________________________________________
____________________________________________________
Signature