How to File Bankruptcy in Arizona – Step 5
Filling Out Forms
After you speak with a debt counselor, he or she will request that you take home and complete a lengthy form Typically, these questionnaires are several pages long and require that you provide substantial details regarding income, assets, debts, and other relevant information, such as transfers of property Plan on spending several hours, and possibly several days, to complete this questionnaire.
Exemptions are determined by state law, and therefore they vary (sometimes considerably) from state to state.
The U.S. Bankruptcy Code allows individual debtors to exempt certain property from creditor claims based on exemptions under either federal law or state law. Exemptions vary from state to state. Some states have adopted their own set of bankruptcy exemptions that are used in place of the federal exemptions. However, other states may give debtors an option to choose between either state or federal exemptions.
Only state exemptions are allowed in Arizona.
Bankruptcy Arizona – Common Exemptions
| Homestead | $150,000 homestead exemption |
| Automobile | One motor vehicle not in excess of a value of $5,000; if debtor is disabled, the exemption is increased to $10,000 |
| Household Goods |
A list of specific household items are exempt providing they do not exceed $4000 in aggregate fair market value. |
| Books and Art Objects | Personal library of debtor not in excess of an aggregate value of $250; music instruments not in excess of an aggregate value of $250; No specified “Art Objects” exemption |
| Wearing Apparel |
All wearing apparel not in excess of a fair market value of $500 |
| Furs and Jewelry | See “Household Goods” |
| Tools of the Trade | Implements, professional books, and tools of the trade not exceeding $2,500 in aggregate value; does not include vehicle used for transportation |
Arizona Bankruptcy Exemptions
of the Arizona Revised Statutes.There are a few things that you need to keep in mind when completing your questionnaire
1. Answer all bankruptcy questions honestly.
Bankruptcy documents filed with the Court are signed under the “penalty of perjury” If you knowingly or fraudulently submit inaccurate information, such as failing to disclose assets, reporting income wrong, or using a false Social Security number, you may be fined and even imprisoned
The U S Trustee Program, a division of the U S Department of Justice, randomly audits Chapter 7 cases and will prosecute fraudulent behavior 2. Answer all bankruptcy questions thoroughly.
The questionnaire may seem overwhelming. Avoid the temptation to rush through it. Answer every question thoroughly. Be completely honest and do omit any information.
Order a copy of your credit report, you should do this, in order to make sure you list all creditors Make sure you also list debts owed to family members, friends and relatives, as well any debts that are disputed or the subject of a pending lawsuit
2. Answer all bankruptcy questions accurately.
Make sure all information is listed accurately For example, if an inaccurate address is provided for a creditor, that creditor may not receive notice of your Chapter 7 filing
3. Provide copies of supporting documentation.
When possible, provide the Credit Counselor and your free legal services officer with copies of supporting documentation, including: bank statements, loan paperwork, credit card bills, tax returns, pay stubs, recent appraisals and asset valuations.
After completing and returning the questionnaire to your counselor, he or she will draft a copy of all the pleadings that are required to initiate a case. If your legal services officer, does not do this service, then you will need to refer to the State Instructions listed in the side links.
How to File Bankruptcy in Arizona – Step 1
How to File Bankruptcy in Arizona – Step 2
How to File Bankruptcy in Arizona – Step 3
How to File Bankruptcy in Arizona – Step 4
How to File Bankruptcy in Arizona – Steps 6 to 10
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.