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The F 61 Georgia form plays a crucial role for individuals filing for bankruptcy without an attorney, also known as pro se petitioners. This affidavit is a necessary document that accompanies the bankruptcy petition in the United States Bankruptcy Court for the Northern District of Georgia. It requires the individual to declare under oath that they are representing themselves in their bankruptcy case. The form includes essential details such as the debtor's name, contact information, and case number. Additionally, it prompts the petitioner to disclose whether anyone assisted them in preparing the petition, and if so, whether that person charged a fee for their help. The form also asks about any previous bankruptcy filings, ensuring that the court has a complete understanding of the petitioner's financial history. By signing this affidavit, the petitioner affirms that all information provided is accurate to the best of their knowledge, thereby maintaining transparency in the bankruptcy process.

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AFFIDAVIT TO ACCOMPANY PETITION FILED PRO SE. PLEASE PRINT.

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF GEORGIA

___________________________

CASE NO. _____________________

NAME OF DEBTOR(S)

 

___________________________

TELEPHONE NO. ________________

ADDRESS

 

___________________________

 

CITY, STATE, ZIP

 

PRO SE AFFIDAVIT TO ACCOMPANY PETITION FOR ORDER OF RELIEF

I, the undersigned, being under oath and declare under penalty of perjury, that I do not have an attorney to represent me in this case, that I represent myself in this case, that I am the petitioner in the above-stated bankruptcy case under Title 11 of the United States Code, and that the answers given below are true according to the best of my knowledge, information and belief.

Did anyone assist you in any way in the preparation of this petition?

ANSWER: YES ( )

NO ( )

If someone did assist you, list their name and address:

______________________________

NAME

______________________________

ADDRESS

______________________________

__________________________

CITY, STATE, ZIP CODE

TELEPHONE NUMBER

Did the person assisting you charge or collect any money for helping you in any way?

ANSWER: YES ( ) NO ( ) IF "YES", HOW MUCH ($_______)

Have you filed a bankruptcy case in the past?

ANSWER: YES ( )

NO ( )

If you have filed a bankruptcy case in the past, list the case number, chapter and judge:

___________________________________________

 

___________________________________

 

PRO SE PETITIONER

Subscribed and sworn to before me on the ____ day of ______________,______

_________________________________

___________________________________

NOTARY PUBLIC

DEPUTY CLERK

F61 (psafdt)04/04

Form Specifications

Fact Name Description
Purpose The F 61 Georgia form is an affidavit that accompanies a petition filed by individuals representing themselves in bankruptcy cases.
Governing Law This form is governed by Title 11 of the United States Code, which outlines federal bankruptcy law.
Pro Se Representation Individuals using this form confirm they do not have an attorney and are representing themselves in the bankruptcy process.
Previous Filings The form requires individuals to disclose if they have filed for bankruptcy in the past, including details of previous cases.
Assistance Disclosure Users must indicate if anyone assisted them in preparing the petition and whether that person charged a fee for their help.

F 61 Georgia: Usage Guidelines

Filling out the F 61 Georgia form requires careful attention to detail. This affidavit is a key part of the bankruptcy petition process, and accuracy is essential. After completing the form, it will need to be submitted to the appropriate court, along with any other required documents.

  1. Begin by printing the form clearly.
  2. In the first blank, enter the case number assigned to your bankruptcy case.
  3. Next, provide your name in the space labeled "NAME OF DEBTOR(S)".
  4. Fill in your telephone number in the designated area.
  5. Complete your address, including city, state, and ZIP code.
  6. In the statement, confirm that you do not have an attorney by checking the appropriate box.
  7. If someone assisted you in preparing the petition, check "YES" and provide their name and address.
  8. Indicate whether the person assisting you charged for their help by checking the appropriate box.
  9. If applicable, write the amount they charged in the space provided.
  10. Answer whether you have filed a bankruptcy case in the past by checking "YES" or "NO".
  11. If you answered "YES", list the case number, chapter, and judge of your previous bankruptcy case.
  12. Sign the form as the pro se petitioner.
  13. Leave space for the notary public to sign and date the affidavit.

Your Questions, Answered

What is the purpose of the F 61 Georgia form?

The F 61 Georgia form is an affidavit that must accompany a bankruptcy petition filed by an individual representing themselves, known as pro se. It serves to confirm that the individual does not have an attorney and provides necessary information regarding any assistance received in preparing the petition. This form helps the court understand the circumstances of the petitioner's representation and any prior bankruptcy filings.

Who needs to file the F 61 Georgia form?

Individuals who are filing for bankruptcy without the assistance of an attorney must complete and submit the F 61 form. This is specifically for those who are representing themselves in the bankruptcy process. The form ensures that the court is aware of the petitioner's pro se status and any assistance received during the preparation of the petition.

What information is required on the F 61 Georgia form?

The form requires the petitioner to provide their name, case number, contact information, and address. Additionally, it asks if anyone assisted in preparing the petition, whether that person charged for their help, and if the petitioner has filed for bankruptcy before. This information is crucial for the court to assess the petitioner's situation accurately.

What happens if I have previously filed for bankruptcy?

If you have filed for bankruptcy in the past, the F 61 form requires you to provide details about the previous case. This includes the case number, the chapter under which it was filed, and the judge assigned to that case. This information helps the court evaluate your current petition in the context of your bankruptcy history.

Is there a notary requirement for the F 61 Georgia form?

Yes, the F 61 form must be signed in front of a notary public. The petitioner must subscribe and swear to the affidavit, affirming that the information provided is true to the best of their knowledge. This notarization adds a layer of authenticity to the form and is a standard requirement for legal documents submitted to the court.

Common mistakes

  1. Failing to print the form clearly. It is important to ensure that all information is legible. Illegible handwriting can lead to misunderstandings or delays.

  2. Not providing complete contact information. Missing details such as a telephone number or full address can hinder communication with the court.

  3. Incorrectly marking the assistance question. Be sure to answer whether anyone helped in preparing the petition. Inaccurate responses can affect the validity of the affidavit.

  4. Forgetting to include the name and address of the person who assisted. If assistance was received, it is necessary to provide this information to comply with the form's requirements.

  5. Neglecting to disclose if the assistant charged for their help. If any fees were involved, this must be reported on the form.

  6. Omitting previous bankruptcy case information. If you have filed before, it is crucial to include the case number, chapter, and judge to provide a complete history.

  7. Not signing the affidavit. The form must be signed to confirm that the information provided is true and to fulfill the legal requirements.

  8. Overlooking the notary section. The affidavit needs to be notarized, which is an important step that some may forget.

  9. Using outdated forms. Always ensure that the most current version of the F 61 form is being used, as older versions may not be accepted.

  10. Submitting the form without reviewing it. Take the time to double-check all entries for accuracy and completeness before filing.

Documents used along the form

The F 61 form is an important document used in bankruptcy cases in Georgia, particularly when an individual is representing themselves without an attorney. Along with this form, there are several other documents that may also be required to ensure the bankruptcy process proceeds smoothly. Below is a list of some of these essential documents.

  • Voluntary Petition (Form B 101): This document initiates the bankruptcy case. It includes information about the debtor, the type of bankruptcy being filed, and a statement of the debtor's financial affairs. It is a critical starting point for any bankruptcy proceeding.
  • Schedule A/B: This form details the debtor's assets and liabilities. It provides a comprehensive overview of what the debtor owns and owes, helping the court assess the financial situation accurately.
  • Schedule C: This document lists the property that the debtor claims as exempt from bankruptcy. Exemptions allow individuals to keep certain assets, which can be crucial for maintaining a basic standard of living post-bankruptcy.
  • Statement of Financial Affairs: This form provides a detailed account of the debtor's financial history, including income, expenses, and any recent transactions. It helps the court understand the circumstances leading to the bankruptcy filing.
  • Credit Counseling Certificate: Before filing for bankruptcy, individuals must complete a credit counseling course. This certificate proves that the debtor has fulfilled this requirement, which is a necessary step in the bankruptcy process.

Each of these documents plays a vital role in the bankruptcy process, providing necessary information to the court and helping to facilitate a fair resolution for all parties involved. Understanding these forms can help individuals navigate the complexities of filing for bankruptcy more effectively.

Similar forms

The F 61 Georgia form, which is an affidavit accompanying a pro se bankruptcy petition, shares similarities with several other legal documents. Each of these documents serves a specific purpose in legal proceedings, particularly in bankruptcy or self-representation contexts. Below is a list of documents that are comparable to the F 61 form:

  • Bankruptcy Petition (Official Form 101): This form initiates the bankruptcy process, requiring the debtor to provide personal and financial information. Like the F 61, it is essential for individuals representing themselves.
  • Declaration Under Penalty of Perjury (Official Form 202): This document is often used to affirm the truthfulness of information provided in bankruptcy filings. It also requires the signer to declare under oath, similar to the F 61.
  • Notice of Bankruptcy Case Filing (Official Form 309): This notice informs creditors and interested parties about the bankruptcy case. It is a key component of the bankruptcy process and shares the goal of transparency with the F 61.
  • Statement of Financial Affairs (Official Form 107): This form requires debtors to disclose their financial history and current situation. It complements the F 61 by providing a comprehensive view of the debtor's financial condition.
  • Schedules of Assets and Liabilities (Official Form 106): This document lists all assets and debts of the debtor. It serves a similar function to the F 61 by detailing the financial status of the individual filing for bankruptcy.
  • Application to Pay Filing Fee in Installments (Official Form 103A): For those unable to pay the full filing fee upfront, this application allows for installment payments. It addresses financial constraints, akin to the considerations in the F 61.
  • Motion to Extend Automatic Stay (Local Form): This motion seeks to prolong the automatic stay that halts collection actions. It is relevant for pro se filers who may need additional time, similar to the protections sought in the F 61.
  • Proof of Claim (Official Form 410): Creditors use this form to assert their claims against the bankruptcy estate. While aimed at creditors, it interacts with the debtor's disclosures in the F 61 by establishing the claims against the debtor's assets.

Dos and Don'ts

When filling out the F 61 Georgia form, it is important to follow specific guidelines to ensure accuracy and compliance. Here are four things you should and shouldn't do:

  • Do print clearly and legibly to avoid any confusion regarding your information.
  • Do provide accurate and truthful answers to all questions, as false statements can lead to legal consequences.
  • Don't leave any required fields blank; ensure all sections are completed to prevent delays in processing.
  • Don't forget to sign and date the form, as an unsigned form may be considered invalid.

Misconceptions

Here are some common misconceptions about the F 61 Georgia form, which is used for filing a bankruptcy petition without an attorney:

  • It's only for individuals with no money. Many believe that this form is only for those who are completely broke. In reality, anyone can file a pro se petition, regardless of their financial situation.
  • You cannot receive help while filling it out. Some think that if they get assistance, they can’t use the F 61 form. However, you can receive help, but you must disclose who assisted you on the form.
  • Filing pro se means you won't get any support. Many assume that representing yourself means you are completely on your own. In fact, there are resources available, including legal aid organizations that can provide guidance.
  • It's the same as hiring a lawyer. Some people think that filing the F 61 form is equivalent to hiring an attorney. While it allows you to represent yourself, it lacks the legal expertise that an attorney would provide.
  • You can’t file if you’ve filed before. There’s a misconception that if you’ve filed for bankruptcy in the past, you cannot use the F 61 form again. You can file again, but you must provide details about your previous cases.
  • All bankruptcy cases are the same. Many believe that all bankruptcy filings follow the same rules. Each case is unique, and the specifics can vary widely based on individual circumstances.
  • The form is too complicated for anyone to understand. Some feel overwhelmed by the form and think it’s too complex. While it can be challenging, it is designed to be accessible for individuals who choose to represent themselves.
  • You must have a notary present to file. There is a belief that you need a notary to file the form. While notarization is required for the affidavit section, the entire process does not hinge solely on having a notary.

Key takeaways

When filling out the F 61 Georgia form, keep these key takeaways in mind:

  • Print Clearly: Ensure that all information is printed legibly to avoid any delays or misunderstandings.
  • Pro Se Representation: Confirm that you are representing yourself and do not have an attorney. This is crucial for the affidavit.
  • Assistance Disclosure: If someone helped you prepare the petition, you must disclose their name and address, along with any fees charged.
  • Past Bankruptcy Filings: Be honest about any previous bankruptcy cases. Include the case number, chapter, and judge if applicable.
  • Oath and Signature: Remember to sign the affidavit in front of a notary public to validate your statements.
  • Keep Copies: Always retain a copy of the completed form for your records after submission.