Chapter 7 - Liquidation: This chapter of the U.S. Bankruptcy Code provides for an orderly court-supervised means of selling certain assets to pay your creditors. In a Chapter 7 case, a trustee is appointed by the U.S. Bankruptcy Court to take charge of your "estate" consisting of all your assets. The law may allow you to keep some of your property. The trustee will sell the rest to pay your creditors. Unless someone objects, some or all of your debts will be discharged within a few months after the bankruptcy petition is filed.

Chapter 11 - Reorganization: This Chapter of the U.S. Bankruptcy Code is available to individuals, businesses and other entities, but is primarily intended to allow an ongoing business to restructure its debts. Successful reorganization is dependent on the debtor filing what is called a "reorganization plan" and obtaining the acceptance of creditors and approval by the court for such a plan.

Chapter 12 - Family Farmer: This Chapter of the U.S. Bankruptcy Code is designed to assist family farmers and fisherman who are presently unable to pay their debtors but would like to pay creditors over a period of time through a plan repayment.

Chapter 13 - Adjustment of Debts for an Individual with Regular Income: This Chapter of the U.S. Bankruptcy Code provides a court-supervised method for a debtor to pay back creditors over a period of time of up to five years. The debtor files a plan for repayment with the bankruptcy petition or soon thereafter. Payments must begin within thirty days after the case has begun. The payments are made to a trustee who will begin paying the creditors after the plan has been approved by the court.

If you are representing yourself without the benefit of an attorney, you are known as a pro se litigant. "Pro Se" is a Latin term meaning "for yourself". As a pro se litigant, you enjoy every right entitled to you under the law.   Pro se litigants are expected to follow and abide by the rules that govern the practice of law in the Federal Courts.  Pro se litigants should be familiar with the United States Code, the Federal Rules of Bankruptcy Procedure and the Local Rules of the Western District of Missouri.

The bankruptcy law is complicated and not easily described, and you should, if possible, seek the advice of an attorney.  The Clerk's Office is prohibited by 28 U.S.C. Section 955 from giving legal advice or assisting with the preparation of forms.  Individuals may represent themselves; business debtors must have an attorney in any proceeding involving presentation of evidence. The fact that an individual is filing without the benefit of legal counsel does not excuse him/her from knowing the United States Code. You will be expected to read and be familiar with both the Local Rules of this court and the Federal Rules of Civil Procedure.

The Missouri Bar Association Website at www.mobar.org provides information about attorneys who are accepting new clients in your area. Locations and contact information for Missouri Legal Aid offices are also provided.

Whether or not you should file bankruptcy depends on your particular circumstances. It may be that after consultation with an accountant and attorney, you resolve your financial difficulties through other means. In some cases, declaring bankruptcy may be necessary. The decision to file for bankruptcy is a serious one.

For more information about filing bankruptcy, go to the federal Website at http://www.uscourts.gov/services-forms/bankruptcy/filing-without-attorney

Click here to view Bankruptcy Terminology

U.S. Bankruptcy Court
Western District of Missouri
400 E. 9th Street, Room 1510
Kansas City, MO 64106
(816) 512-1800