How to File Chapter 13 in Alaska
- 1). Take a credit counseling course within 180 days before filing for bankruptcy. A list of court-approved courses are available on the Alaska bankruptcy court's website. You may also call the courthouse to receive information about approved courses.
- 2). Ask your lawyer for the bankruptcy petition. Download the petition from the court website or get the petition from the courthouse in person if you are filing pro se (without a lawyer).
- 3). Take the means test to verify you are eligible for Chapter 13 bankruptcy. Compare the Alaska median income of $51,945, as of October 2010, to you annual income. File Chapter 13 if your income is above $51,945 and you have at least $100 per month in discretionary income after you pay monthly expenses. File Chapter 7 bankruptcy if you income is below $51,945 because you do not qualify for Chapter 13.
- 4). Complete the rest of the petition forms. Include full and accurate information about your income and assets; failing to do so can lead the court to dismiss your case for fraud or abuse of bankruptcy. Use credit reports, bills, letters and other correspondence to ensure you list all creditors on the petition. You remain responsible for any debts you do not put on the petition. List your monthly household expenses such as the rent or mortgage, transportation costs, utility payments and food costs. Break yearly, quarterly and irregular expenses down to monthly estimations.
- 5). File the petition at the court house if you do not have an attorney. Give the petition to you attorney so he can ensure it is correct and file it for you. Pay the $274 filing fee, as of October 2010, for a Chapter 13 bankruptcy by cash or money order because Alaska bankruptcy court does not allow pro se filers to pay by check. Pay the fee by attorney check, cashiers check, money order or cash if you do have legal representation.
- 6). Receive a date -- about six weeks from your filing date -- for the 341 meeting which will allow the court-appointed trustee and creditors to ask questions about the information in your bankruptcy petition. Ask for the contact information of the trustee so you can contact her if necessary.
- 7). Create a three- to five- year plan to repay some or all of your debts. Give priority to debt secured by liens such as mortgages and vehicle loans as well as nondischargeable debts including most tax debt and debt from unpaid alimony or child support payments. Include as much debt as possible in the repayment plan but only use discretionary income when figuring out the payment amount to avoid falling into further financial problems. Consult with your lawyer or,if you do not have a lawyer, the trustee to ensure your plan meets court requirements and your own personal needs. File the plan within 15 days of filing the bankruptcy petition to complete filing part of the Alaska Chapter 13 bankruptcy process.
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