South Dakota Voluntary Petition - Form 1
Description
How to fill out Voluntary Petition - Form 1?
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FAQ
A Voluntary Petition is a document that initiates the filing of a bankruptcy proceeding, setting forth basic information regarding the debtor(s), including name(s), address(es), chapter under which the case is filed, and estimated amount of assets and liabilities.
Gross earnings: Gross earnings are established based on tax records and current pay stubs. South Dakota law uses one parent's income from the equivalent of one full-time job to determine a child support amount in sole custody cases. Both incomes figure into shared custody child support.
A petition may be a voluntary petition, which is filed by the debtor, or it may be an involuntary petition, which is filed by creditors that meet certain requirements. 11 U.S.C. §§ 301, 303.
Official Form 101, called the ?Voluntary Petition for Individuals Filing Bankruptcy? is the bankruptcy form that officially ?starts? your case. It's the same whether you're filing Chapter 7 or Chapter 13 bankruptcy.
If the company owes you wages, you will be considered a creditor of the bankrupt company. The bankruptcy laws line up (?prioritize?) creditors in the order in which they will be paid off. Creditors who are owed wages, salaries, or commissions are given a high priority for repayment.
Both the mother and biological father must provide their address, date of birth and Social Security number on the affidavit. The paternity affidavit must be signed by the mother and father in the presence of a notary. The hospital may be able to provide notary service.
In South Dakota, the Circuit Court is the only entity that can modify a child support obligation. A child support order can be modified if it has been 3 years since the last order was entered or upon showing a substantial change in circumstance.
The discharge received by an individual debtor in a Chapter 11 case discharges the debtor from all pre-confirmation debts except those that would not be dischargeable in a Chapter 7 case filed by the same debtor.