How to File Bankruptcy in Alabama – Step 1

Introduction

This document explains the key elements of the Chapter 7 bankruptcy process, including the requirements of the bankruptcy laws enacted by the federal government in 2011. Even before declaring bankruptcy, there are several steps that must be taken. Some steps are optional, but others, such as credit counseling, are required

Likewise, after the Chapter 7 bankruptcy petition is filed, the debtor has several obligations to fulfill Attending the Section 341 meeting of creditors and a pre-discharge bankruptcy education course are two of those requirements After a person receives his or her discharge, the case may remain open for several months, and in some circumstances, even years, as the case trustee works to liquidate Chapter 7 bankruptcy assets and distribute payment to creditors Although the bankruptcy process is different from case to case, the purpose of this document is to explain the main events that will happen in a normal Chapter 7 bankruptcy proceeding

Bankruptcy Courts – Location and Contact Information

Alabama Bankruptcy Resources

The court system is divided into three districts:

  • Northern District of Alabama
  • Middle District of Alabama
  • Southern District of Alabama

The three districts are further divided into several divisions. More details regarding each district follows.

NORTHERN DISTRICT OF ALABAMA

Headquartered in Birmingham, the Northern District is comprised of the following four divisions:

DIVISION STREET ADDRESS MAILING ADDRESS TELEPHONE
Northern Div.
@ Decatur
400 Wells St.
Decatur, AL 35602
PO Box 2748
Decatur, AL 35602
(256) 584-7900
  Counties of Jurisdiction - Colbert, Cullman, Franklin, Jackson, Lauderdale, Lawrence, Limestone, Madison, Morgan and Northern Winston Counties
Western Div.
@ Tuscaloosa
1118 Greensboro Ave.
Room 209
Tuscaloosa, AL 35401
Same as street address (205) 561-1600
  Counties of Jurisdiction - Bibb, Fayette, Greene, Lamar, Marion, Pickens, Sumter, Tuscaloosa, Walker, and Southern Winston Counties
Eastern Div.
@ Anniston
1129 Noble Street
Room 117
Anniston, AL 36201
Same as street address (256) 741-1500
  Counties of Jurisdiction - Calhoun, Cherokee, Clay, Cleburne, DeKalb, Etowah, Marshall, St. Clair, and Talladega Counties
Southern Div.
@ Birmingham
1800 5th Ave. North
Room 120
Birmingham, AL 35203
Same as street address (205) 714-4000
  Counties of Jurisdiction - Blount, Jefferson, and Shelby Counties

MIDDLE DISTRICT OF ALABAMA

Headquartered in Montgomery, the Middle District is comprised of the following three divisions:

DIVISION STREET ADDRESS MAILING ADDRESS TELEPHONE
Northern Div.
@ Montgomery
One Church Street
Montgomery, AL 36104
PO Box 1248
Montgomery, AL 36102
(334) 954-3800
Counties of Jurisdiction - Autauga, Barbour, Bullock, Butler, Chilton, Coosa, Covington, Crenshaw, Elmore, Lowndes, Montgomery, and Pike Counties
Eastern Div.
@ Opelika
701 Avenue A
Opelika, AL 36801
PO Box 1248
Montgomery, AL 36102
(334) 954-3800
Counties of Jurisdiction - Chambers, Lee, Macon, Randolph, Russell and Tallapoosa Counties
Southern Div.
@ Dothan
100 W. Troy Street
Dothan, AL 36303
PO Box 1248
Montgomery, AL 36102
(334) 954-3800
Counties of Jurisdiction - Coffee, Dale, Geneva, Henry and Houston Counties

SOUTHERN DISTRICT OF ALABAMA

The Southern District is located in Mobile:

STREET ADDRESS MAILING ADDRESS TELEPHONE
Mobile Division 201 St. Louis Street
Mobile, AL 36602
Same (251) 441-5391
Counties of Jurisdiction - Baldwin, Choctaw, Clarke, Conecuh, Dallas, Escambia, Hale, Marengo, Mobile, Monroe, Perry, Washington and Wilcox Counties

Chapter 7 has a lasting, long-term effect on a person’s creditworthiness It remains on a person’s credit record for up to ten years After a Chapter 7 petition is filed, a person’s credit score, commonly referred to as a FICO score, may initially drop as much as 2 points. Obtaining loans or other credit at reasonable rates will be very difficult, if not impossible. For these reasons alone, the following bankruptcy alternatives should be considered

Create a Budget

  • Creating a budget is a simple way to explore bankruptcy alternatives. A well-prepared budget can help point out unnecessary expenses. To create a budget, track every expense, no matter how minor, for one to two months. At the end of this time period, take some time to analyze the results.
  • If expenses are greater than income, identify expenses that can be eliminated or reduced. In addition, think of ways to bring in additional income, such as asking your current employer for a raise or taking on a second job.

Negotiate with Lenders        

  • If you are experiencing a temporary setback, such as a layoff or medical illness, and normally pay bills on time, negotiating with creditors is an effective bankruptcy alternative Many creditors are willing to lower monthly payments or extend payment time, as long as they are notified of the situation and reassured that you will be able to meet the terms of the new credit arrangement

Debt Consolidation

  • Although debt consolidation is another way to avoid bankruptcy, it should be carefully considered. When debt is consolidated, credit card balances and other loans are combined into one bill. Many times the creditor will require the person receiving a consolidated loan to use his or her house or other assets as collateral. This may jeopardize your ability to keep your house or other assets if a bankruptcy petition is filed at a later date.

Credit Counseling

  • Reputable creditor counseling organizations offer free money management advice and budgeting assistance. After reviewing your situation, a good credit counselor can provide specific bankruptcy alternatives for your individual situation. Although credit counseling can be provided online or by phone, the best type of credit counseling is in person.

 

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While the information presented is accurate as of the date of publication, it should not be cited or relied upon as legal authority. It should not be used as a substitute for reference to the United States Bankruptcy Code (title 11, United States Code) and the Federal Rules of Bankruptcy Procedure, both of which may be reviewed at local law libraries, or to local rules of practice adopted by each bankruptcy court. Finally, this publication should not substitute for the advice of competent legal counsel.