| | | Filing bankruptcy without an
attorney (Pro se) | |
Bankruptcy can be complicated. The staff of the U.S. Bankruptcy Court Clerk's office provides a variety of services; however, they are not permitted to assist with the preparation of the voluntary petition, schedules, or other documents, nor can they provide legal advice. All parties, including anyone acting without an attorney, must comply with the Local Bankruptcy Rules for the Eastern District of Wisconsin, the U.S. Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. Failure to comply will result in dismissal of the case or other appropriate sanctions. The local library has law books that may be of assistance. Since bankruptcy proceedings are complicated, you are encouraged to retain a bankruptcy lawyer. Please be aware that petition preparers are not authorized to give debtors legal advice. The State Bar of Wisconsin has a lawyer referral service that may be able to help you: 800-362-9082. The State Bar of Wisconsin Legal Explorer Website also has information about bankruptcy and other topics: Click here to access the site. For more information about free or assisted legal help, please click HERE to go to the American Bankruptcy Institute's pro bono webpage. If you need help with forms or other requirements, the Eastern District of Wisconsin offers a Pro Se Help Desk staffed by volunteer attorneys on Thursday mornings from 9:00 a.m. to 10:30 a.m. The Help Desk is in Room 133(b) of the United States Courthouse, located at 517 East Wisconsin Ave., Milwaukee, Wisconsin. The Pro Se Help Desk operates on a first-come first-served basis. If you do not arrive early, you may not be seen. Whether filing a chapter 7, 11, 12 or 13 bankruptcy case, everyone starts with the same basic set of forms (as outlined below). This page does not discuss filing under chapter 11 or 12 because it is uncommon for debtors to file petitions under these chapters pro se (without an attorney). Additionally, because corporations and partnerships are required to have an attorney represent them, these entities may not file petitions pro se. Most of the forms on this page are in fillable PDF format. Adobe Acrobat Reader is required to view and print PDF files and PDF fill-in forms. Adobe Acrobat is required to save PDF fill-in forms. Download Adobe Acrobat or Adobe Acrobat Reader. READ THIS BEFORE YOU FILE YOUR CASE! | In both chapter 7 and chapter 13, the following are required to start the bankruptcy (minimum filing requirements): | - Voluntary petition 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. Stop and review carefully. Most debtors must receive a credit counseling briefing BEFORE filing. Certificate of credit counseling and debt repayment plan, if any, are minimum filing requirements. Visit the U.S. Trustee's site to find information on credit counseling and debtor education.
- 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.
A fee waiver may ONLY be used for a chapter 7 filing. Qualifying for a fee waiver. Poverty Guidelines. - Creditor Matrix. You can submit your creditor matrix to us by clicking here to use our fill-in email form.
- Statement of Social Security Number(s) signed by debtor(s). Non-debtor spouse information must be added to this document. Policy on Privacy
- Form 19 - Declaration & Signature of Non-Attorney Bankruptcy Petition Preparer (if applicable)
- Form B280 - Statement disclosing compensation paid or to be paid to a bankruptcy petition preparer (if applicable)
Where do I file my case?
Bankruptcy Court documents for the Eastern District of Wisconsin are filed at the Federal Courthouse in Milwaukee. In Person - at the Clerk’s Office between the hours of 8:30 a.m. and 4:30 p.m. in Room 126, at 517 East Wisconsin Avenue, Milwaukee, WI. Mail – address envelopes to Clerk, U.S. Bankruptcy Court, Room 126, at 517 East Wisconsin Avenue, Milwaukee, WI 53202. After Hours Filings – in a secure drop box located inside the entrance on Jackson Street, between Wisconsin Avenue and Michigan Avenue. An electronic file date stamp is provided. Documents must be inserted into the file date stamp, imprinting the date and time of the filing, then inserted in the Bankruptcy Court's Box. | | The following schedules and statements must be filed with the voluntary petition, or no later than 15 calendar days after filing the voluntary petition: | | 341 notice and deadlines A trustee will be assigned in every Chapter 7 and 13 case. The name and address of the trustee will be given in the Notice of Bankruptcy Case Filing (also called the 341 Notice). That Notice will also give the date, time and place of the "Section 341 Meeting of Creditors." Attendance at this meeting is required of all debtors. The Notice will be sent to the Debtor and all creditors listed on the mailing matrix within 7 to 10 business days. No later than 7 days before the Section 341 Meeting of Creditors, the debtor is required to provide the trustee with copies of the following required documents (do not send originals, make a copy for the trustee): (1) Titles to all vehicles; (2) Recorded deeds and land contracts for all real estate; (3) Recorded mortgages for all real estate; (4) The most recent real estate tax bill for all real estate; (5) The preceding two (2) years signed federal and state income tax returns and all schedules or transcripts of the returns. Tax return privacy information (6) Payment advices (e.g. pay stubs) or other evidence of payment received by the debtor from any employer within 60 days before filing the petition. Policy on Privacy (7) The name, address and telephone number of each holder of a Domestic Support Obligation; and, (8) Any other documents requested by the trustee. More information on the requirements of the Office of the U.S. Trustee | | 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 and Information: | |
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