Filing for Bankruptcy in Indiana
Here's state specific information on filing your bankruptcy case in Indiana.
If you are filing for Chapter 7 or Chapter 13 bankruptcy in Indiana, you'll need some Indiana-specific information to complete the forms, figure out what exemptions you can claim, and find an approved credit counseling and debtor education agency. Here's how you can get this information online.
Much of the filing process, however, is governed by federal law, which means the steps and law are similar between states. To learn about the non-state-specific parts of the filing process, see Filing for Bankruptcy.)
Pre-Bankruptcy Credit Counseling and Pre-Discharge Debtor Education in Indiana
In order to qualify for Chapter 7 or Chapter 13 bankruptcy, you must show that you received credit counseling from an agency approved by the U.S. Trustee in Indiana within the six month period before you file for bankruptcy. You’ll also have to take a debtor education course before you get a bankruptcy discharge. (To learn more about this requirement, including the rare exceptions, see Credit Counseling & Debtor Education Requirements in Bankruptcy.)
You can find the list of approved Indiana credit counseling agencies here.
You can find the list of approved Indiana debtor education agencies here.
Indiana Bankruptcy Exemptions
Indiana has a set of bankruptcy exemptions which help determine what property you get to keep in Chapter 7 bankruptcy, and play a role in how much you repay unsecured creditors in Chapter 13 bankruptcy. (To learn more, see our Bankruptcy Exemptions area.)
Some states allow debtors to choose between the state exemption system and a set of federal bankruptcy exemptions –but Indiana is not one of them. In Indiana, you must use the state exemptions. (To learn about the federal exemptions, see The Federal Bankruptcy Exemptions.).
To learn about Indiana’s exemptions for your home and car, see The Homestead Exemption in Indiana and The Motor Vehicle Exemption in Indiana. To find other Indiana exemptions, visit our Indiana Bankruptcy Exemptions area.
Completing the Bankruptcy Forms in Indiana
When you file for Chapter 7 or Chapter 13 bankruptcy, you must complete a bankruptcy petition, a number of schedules containing detailed information about your finances, and several other forms, including a lengthy form known as the “means test” (for Chapter 7) and a similar form for Chapter 13.
(For a list of the forms you must complete, see The Bankruptcy Forms: Getting Started.)
Getting and Completing the Official Bankruptcy Forms
For more information about each of the official forms, including how to find them and fill them out, see Completing the Bankruptcy Forms.
Finding Means Test Information for Indiana
When you file for bankruptcy in Indiana, you must compare your income to the median income for a household of your size in Indiana. If your income is less than the median, you will be eligible to file for Chapter 7 and, if you choose to file for Chapter 13, you can use a three-year repayment plan (rather than five years). This is called the means test.
If your income is above Indiana’s median income, you still might qualify for Chapter 7, but you’ll have to provide detailed information about your expenses and payments on secured debts in order to find out. Most Chapter 13 filers also have to provide this information.
For information about each of these forms, see:
Form 22A – Statement of Current Monthly Income and Means Test Calculation (for Chapter 7), and
Form 22C – Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (for Chapter 13).
Here’s how to find the Indiana-specific figures for these means test forms:
Indiana median income figures. For a one-person household in Indiana, the median income is $39,987. For a family of three, the Indiana median income is $57,696. These figures change periodically. You can find the most current figures for each household size here.
Example. John’s annual income is $37,000. He lives alone. He will automatically pass the means test because his income is below $39,987.
Standard deductions. Forms 22A and 22C have a comprehensive list of expense categories, such as housing, transportation, food, and childcare. For some of those categories (like childcare), you provide the actual amount you spend. For others, you plug in a predetermined amount -- sometimes that figure is standard for the whole country, other times it varies by county or region.
You can find Indiana’s state, county, and region-specific figures for Forms 22A and 22C on the U.S. Trustee’s website at www.justice.gov/ust. Click on “Bankruptcy Reform” and then “Means Testing Information.”
Example. In Indiana, the standard amount you list on your bankruptcy papers for housing varies by county. For example, if you live in Marion County, your mortgage or rent deduction is $777 for a one-person household. But if you live in Lake County, the deduction is $788. You can find housing expense standards for each Indiana county here.
Getting Local Bankruptcy Forms
Some judicial districts and bankruptcy courts require bankruptcy filers to complete additional “local forms.” To find out if your court requires additional forms, contact the bankruptcy filing clerk. Some courts post these forms online on the court’s website. (Below you’ll find a link to Indiana’s bankruptcy courts.)
Filing in the Correct Indiana Bankruptcy Court
There are two judicial districts in Indiana (see below for links). You can file in either:
- the district where you have been living for the greater part of the 180-day period before you file, or
- the district where you are domiciled—that is, where you intend to maintain your home, even if you have been living elsewhere temporarily (such as on a military base).
Finding the Indiana Bankruptcy Courts
You can use the Court Locator tool on the U.S. Trustee’s website to find bankruptcy court locations and websites. The two district bankruptcy courts in Indiana are: