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Debtors

How many copies of a new petition or pleading do I need to file?

How many copies of a new petition or pleading do I need to file?

Pro Se Debtors only need to file an original petition in paper format. If you would like a file-stamped copy returned to you, please supply the court with a copy. If you are mailing original documents and would like a file-stamped copy, please be sure to include a copy of the document and a self-addressed, stamped envelope for your copy to be returned to you.

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What documents (minimum) are required to get a case number?

What documents (minimum) are required to get a case number?

At a minimum, you must have the Voluntary Petition, the Statement of Social Security Number (B 121), and the filing fee or application to pay in installments or motion to waive filing fee (Chapter 7 cases only). The Mailing Matrix typed list of creditor names and addresses, the Verification of Mailing Matrix (local form), and the Certificate of Credit Counseling (completed within 180 days prior to filing of the case) should also be submitted at the time of filing.

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Where can I get the forms to file bankruptcy?

Where can I get the forms to file bankruptcy?

You may obtain FREE federal forms many of which are in pdf-fillable format from the federal website. For instructions on pdf-fillable forms and to obtain FREE federal forms, click here. If you plan to file bankruptcy, you should familiarize yourself with this Court's Local Rules and with locally-required forms that are not part of the official national forms. Local forms are available on the Forms page of this Website. See the local requirements for a list of required forms by chapter.

eSR is an online tool to help individuals complete a chapter 7 or chapter 13 bankruptcy petition when they have decided to file bankruptcy without an attorney. More information can be found on this Website at https://www.mow.uscourts.gov/bankruptcy/esr

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How can I file before or after hours?

How can I file before or after hours?

The United States Bankruptcy Court for the Western District of Missouri is open Monday through Friday, excluding federal holidays, from 10:00am to 4:00pm.  You may reach us by phone at 816-512-1800 between the hours of 9:00am to 4:30pm.  There is a drop box in the Kansas City Courthouse lobby. Documents or cases may be placed in the drop box until 6:00 PM and will be deemed filed that day. Paper documents filed by pro se debtors must contain original signatures.

eSR is an online tool to help individuals complete a chapter 7 or chapter 13 bankruptcy petition when they have decided to file bankruptcy without an attorney. More information can be found on this Website at https://www.mow.uscourts.gov/bankruptcy/esr

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Can I file pleadings or documents at any Western District of Missouri Clerk's office?

Can I file pleadings or documents at any Western District of Missouri Clerk's office?

You may only file in person at the Kansas City Courthouse. If an emergency exists, cases may be filed in the Springfield and Jefferson City District Court Clerk's office IF prior approval is obtained from the Bankruptcy Clerk's office in Kansas City, see Local Rules 11002-2(A) and (B). Contact our office at 816-512-1800, between 9:00am and 4:30pm to request approval for an emergency filing in Springfield or Jefferson City.

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Is my bankruptcy case public information? How long will it show on my credit report?

Is my bankruptcy case public information? How long will it show on my credit report?

Yes, bankruptcies are considered public record. Anyone may call the court and verify if you have filed bankruptcy. Online access to bankruptcy records is available for a fee to persons who have a PACER login and password. Social security numbers are protected. Only the last 4 digits of a debtor's social security number are available to the public. 

The Fair Credit Reporting Act, 6 U.S.C. Section 605, is the law that controls credit reporting.  The law states that credit reporting agencies may not report a bankruptcy case on a person's credit report after ten years from the date the bankruptcy case is filed.  Other bad credit information is removed after seven years.

The Court does not report bankruptcy information to the credit bureaus but can verify the information. Credit bureaus are governed by the Fair Credit Reporting Act, Section 605. Credit bureaus receive their information either through their own research of the public bankruptcy record, from your creditors, or verification by our office. Any dispute you might have regarding your credit report must be taken up with the credit bureaus directly.

You may want to visit the Federal Trade Commission Website at www.ftc.gov for more information. Use their research window to locate the publications on “Fair Credit Reporting.”

If you have a complaint, you may also contact the Consumer Response Center at their toll free number: 1-877-382-4357.

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Will filing bankruptcy stop my wages from being garnished?

Will filing bankruptcy stop my wages from being garnished?

Yes, once you file bankruptcy, you are under protection of the court from most creditors. You should immediately notify the garnishing creditor and sheriff that you have filed a bankruptcy petition. You may file a motion with the court to request an order to stop a wage garnishment if needed.

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When am I under bankruptcy protection?

When am I under bankruptcy protection?

You are under bankruptcy protection when and after your petition is filed by a member of the Clerk's office and a case number is assigned.  The moment a petition is filed there exists an automatic stay, or suspension, of virtually all litigation and other action by creditors against the debtor or the debtor's property.  In other words, once a petition has been filed, creditors cannot commence or continue most legal actions, such as foreclosure of liens, execution on judgments, trials, (garnishments), or any action to repossess property in the hands of the debtor. Creditors can, however, seek to have the court allow them to pursue or continue legal collection actions.

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What information do I need to file a bankruptcy?

What information do I need to file a bankruptcy?
  • Home address
  • Social Security Number
  • Completion of the Credit Counseling Course within 180 days prior to filing bankruptcy
  • Employer's name and address
  • Salary and wage information
  • A list of all those to whom you legally owe money
  • A list of all your major property (for example: real estate, automobiles, boats, furniture, etc.)
  • A list of all your personal sources of income
  • A list of all your financial accounts (for example: checking and savings accounts, savings bonds, etc.)
  • A list of all your monthly expenses (for example: rent, food, child support, transportation, etc.)
  • A copy of your federal and state tax returns for the past two years.
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