U.S. Bankruptcy Court
Middle District of Alabama

Case Opening

Filing Fees
  Chapter 7 Chapter 11 Chapter 12 Chapter 13 Chapter 15
28 U.S.C. Bankruptcy Filing Fee $220.00 $1,000.00 $200.00 $150.00 $1,000.00
Miscellaneous Administrative Fee 39.00 39.00 39.00 39.00 39.00
Trustee Fee 15.00        
 
          Total Filing Fee $274.00 $1,039.00 $239.00 $189.00 $1,039.00
         
Section
28 USC § 1930
Rule 1006		 Form
Form 3A
Form 3B		 ECF Event
 1.) Bankruptcy>Motions>Pay Filing Fee in Installments           
2.) See In Forma Pauperis for guidance on waiver of filing fee		 Flags
FeeDueINST
- Minimum payment of $50.00 if accompanied with Application to Pay in Installments.  Filing fee must be paid in full within 120 days.
- See Also - Complete Fee Schedule
 

Notice to Individual Consumer Debtor

In the case of an individual debtor with primarily consumer debts, the debtor shall file:

  1. the certificate of the attorney or petition preparer whose name appears on the petition (indicating that the attorney or preparer delivered to debtor the § 342(b) notice); or

  2. where no attorney’s or preparer’s name appears on the petition, the certificate of the debtor (indicating that the debtor received and read the § 342(b) notice).

Section
521(a)(1)(B)(iii)
342(b)		 Form
 Petition		 ECF Event
 Bankruptcy>Open Bk Case
(If filed with petition)
 		 Deadlines
 At Filing		 Flags
Deficient
19B * bk>misc>Notice to Debtor by Non-Attorney BPP
 (if not filed with petition)
 		 bpp19B (15 days)
19A bk>misc>Declaration by BPP bpp19B (15 days)
- Certifications appear on signature blocks of petition (Official Form 1).
* Form 19B is required for any pleading prepared and filed by BPP for debtor
 

Payment Advices

Debtor must file copies of payment advices or other evidence of payment received by the debtor from any employer within 60 days before filing.
Section
521(a)(1)(B)(iv)
Rule 1007(b)(1)(E)
Rule 1007(c)		 ECF Event
bk>misc>Employee Income Records		 Deadlines
employee -15 Days		 Flags
Deficient
-  Payment advices should  have social security numbers and account numbers redacted before they are filed.
 

Statement of Monthly Income

Debtor must file statement of amount of monthly net income, itemized to show how amount is calculated.  In a Ch. 7 case, if the debtors current monthly income is greater than the median family income of the applicable state (Alabama), the debtor must provide calculations that determine whether a presumption of abuse arises (Part IV,V,VI and VII of Form B22A).

In a Ch. 13 case, if the debtor has current monthly income greater than the median family income of the applicable state, disposable income must be determined under §1325(b)(3), which requires determination of reasonable expenses using the same calculations as required by the §707(b)(2) Ch. 7 means test calculations (Part III,IV and V of Form B22C).

Section Form / ECF Event Deadlines Flags
521(a)(1)(B)(v)
 707(b)(2)(C)
Rule 1007(b)(4)
Rule 1007(c)		 Bankruptcy>Open Bk Case (if filed with petition) metest7, metest11,metest13
(15 day deadlines)		 Deficient
Ch. 7 Statement of Monthly Income and Means Test
(Form B22A)
bk>misc>Chapter 7 Means Test
 		 satisifies metest7  
  Ch. 7 Statement of Monthly Income and Means Test
(if IRS separates housing allowance)
bk>misc>Chapter 7 Means Test
 		 satisifies metest7  
  Ch. 13 Statement of Monthly Income and Disposable Income
(Form B22C)
(bk>misc>Chapter 13 Statement of Current Monthly and Disposable Income Calculation - Form 22C (if not filed with petition)
 		 satisifies metest13  
  Ch. 13 Statement of Monthly Income and Disposable Income
(if IRS separates housing allowance)
bk>misc>Chapter 13 Statement of Current Monthly and Disposable Income Calculation - Form 22C (if not filed with petition)
 		 satisifies metest13  
  Ch. 11 Statement of Monthly Income 
(Form B22B)
bk>misc>Chapter 11 Statement of Current Monthly Income- Form 22B
(if not filed with petition)

satisifies metest11

  
See Also: Means Test Flow Chart,
Other Resources: What Does the "Means Test" Mean?
 

Statement Disclosing Anticipated Changes

Debtor must file statement disclosing any reasonably anticipated increase in income or expenditures over the 12 months after filing.
Section Form ECF Event Deadlines Flags

521(a)(1)(B)(vi)
Schedule I
Bankruptcy>Open Bk Case or
Bankruptcy>Misc/Other>Schedule I
 n/a
Deficient
- Statement appears at bottom of Schedule I
 

Certificate of Credit Counseling and Debt Repayment Plan

An individual debtor shall file the certificate from the nonprofit budget and credit counseling agency that provided budget and credit counseling to that debtor under § 109(h).  An individual debtor shall file a copy of the debt repayment plan, if any, developed under § 109(h) through budget and credit counseling from an approved agency.

The requirement that the debtor undergo credit counseling prior to filing shall not apply with respect to a debtor who submits a certification that: 1) describes exigent circumstances that merit a waiver of the requirement; 2) states that the debtor was unable to obtain credit counseling within the 5 days after making the request to receive credit counseling; and 3) is satisfactory to the court. The exemption obtained by successfully submitting this certification shall cease to apply once the debtor meets the requirement (of undergoing credit counseling), but in no case may the exemption apply after 30 days from case filing, except the court, for cause, may order an additional 15 days.
Section Form ECF Event Deadlines Flags
109(h)
521(b)(1)
109(h)(3)(A)-(B)
Rule 1007(b)(3)
Rule 1007(c)		 Petition Bankruptcy>Open Bk Case
 With Petition
No deadline if certain §109(h) apply or § 109(h) exemption may extend deadline for up to 45 days
 		 Deficient
(credcoun)
bk>misc>Certificate of Budget and Credit Counseling Course satisfies 15 day ddl, 30 ddl extension and removes CounDue flag
bk>misc>Exigent Circumstances re: Credit Counseling
 sets CounDue ddl 30 days from date of voluntary petition.
bk>misc>Debtor Repayment Plan
bk>motion>Exemption from Credit Counseling due to ...(prompt)

 CounDue (private flag
bk>order>Order on Motion for Exemption from Credit Counseling If granted, removes CounDue 
- Certification appears on page 2 of Official Form 1 - Petition
 

Educational Individual Retirement Account / State Tuition Program

A debtor shall file a record of any interest that a debtor has in an education individual retirement account under the IRC or a qualified State tuition program.
Section
521(c)
Rule 1007(b)(1)(F)		 Form
 Schedule B		 ECF Event
Bankruptcy>Open Bk Case or
Bankruptcy>Misc/Other>Schedule B		 Deadlines
 n/a		 Flags
 

* Upon request of the debtor, the 45 Day Automatic Dismissal period may be extended by the court for an additional period not to exceed 45 days (90 days from filing of petition).  Upon motion of the trustee and after notice and hearing, the court may also decline to dismiss the case if the debtor attempted in good faith to file §521(a)(1)(B)(iv) information (copies of payment advices received within 60 days of filing petition from employer) and the best interest of creditors would be served.