Indiana Bankruptcy

Bankruptcy is a legal way for individuals or businesses who cannot pay their debts to get help through the federal court system. In Indiana, bankruptcy is a federal case, and the state’s opt-out exemption law determines what property may be retained.

It is mandatory for individuals to follow the state exemptions rather than the federal list unless they qualify for federal nonresident exemptions. Exemption amounts are periodically adjusted for inflation and include a homestead exemption currently set at $19,300.

An exemption of $10,250 is also included for “other real estate or tangible personal property” and $450 for intangible property.

How to File Bankruptcy in Indiana

A practical roadmap keeps your filing on track from credit counseling to discharge.

Individuals are required to enroll in a pre-filing education, which involves completing a credit counseling course within 180 days prior to filing. Afterward you may enroll in a debtor education course before the court discharges your case, and you are required to use U.S. trustee-approved agencies only.

The court may request that you submit certain documents, such as tax returns (most recent), proof of income (last six months), bank statements, asset or debt lists, property deeds, and vehicle titles. Bankruptcy proceedings require that you select a chapter (Chapters 7, 13, or 11) and apply Indiana exemptions (code § 34-55-10-2) to protect assets. You may file the petition with the appropriate District Court (Northern or Southern) and apply schedules following local instructions.

Individuals may request relief by applying for a fee waiver or requesting to pay in installments. New fee schedules include $338 for Ch. 7 and $313 for Ch. 13 cases, while Ch. 11 cases cost $1,738, although you may verify current fees from the court clerk.

There is a mandatory attendance of the §341 meeting of creditors for every individual who files for bankruptcy. Individuals are to present a government-issued photo ID and other requested documents, such as a social security number. They must prepare to answer questions from trustees and respond promptly to court notices until discharge or a repayment plan is confirmed.

Indiana Bankruptcy Types: Chapter 7, Chapter 13 & Chapter 11

Bankruptcy chapters cater to distinct financial situations, and the exemption laws in Indiana are crucial in deciding which assets you are allowed to retain and which ones you may have to repay:

Chapter 7 (liquidation)

This is best suited for lower-income individuals who are filing bankruptcy. A trustee may sell non-exempt assets, though Indiana’s homestead, tangible, and intangible property exemptions determine what assets remain protected.

Chapter 13 (repayment plan)

Wage earners in Indiana may use this chapter to file bankruptcy. Debtors follow a 3- to 5-year structured plan to repay creditors. The required repayment or base plan often depends on the value of thenon-exempt asset under Indiana exemption thresholds.

Chapter 11 (reorganization)

This chapter is commonly used by businesses and individuals with huge amounts of debt. Nevertheless, this permits continuous operation while proposing a court-approved reorganization plan. Filing fees and oversight are governed by federal rules.

Step-by-Step Checklist for Indiana Filers

Indiana residents may keep tasks and deadlines on track with these steps when filing bankruptcy in the state:

• Complete credit counseling
• Gather financial records
• Choose chapter and apply Indiana exemptions
• File petition and schedules in the appropriate district
• Pay filing fee or request a waiver/installment.
• Attend 341 meeting
• Complete debtor education course
• Monitor trustee/court communications until discharge or plan completion

Indiana Bankruptcy Courts & Record Access

Indiana is divided into two federal bankruptcy districts, and individuals are required to file cases based on venue rules. To find case records, various online tools are available that cater to Indiana residents for this purpose.

Court Location

• The Northern District of Indiana: It has branches in the cities ofSouth Bend, Fort Wayne, Hammond, andLafayette. Typical working hours areMon–Fri from 9:00 to 4:00 (ET; Hammond, CT).This district covers certain counties, and residents may visit these locations to file bankruptcy:

South Bend

Fort Wayne

Hammond

Individuals may mail or deliver documents to the other divisional offices, as the Lafayette courthouse is not staffed.

• The Southern District of Indiana: This district has divisional offices inIndianapolis, Evansville, New Albany, andTerre Haute, and business hours areMon–Fri 8:30–4:00.The address of the main courthouse is located at:

Indianapolis

Terre Haute

Evansville

New Albany

Record Access

The public may find cases by searching case dockets using a case number and party name via the Public Access to Court Electronic Records (PACER). Users are required to create an account and pay the required $0.10 fee to access records electronically.

Alternatively, limited automated case information is accessible via the toll-free number, 866 (222)-8029. Individuals have access to case information 24 hours a day on this system and are required to follow the voice prompts on the Multiple-Court Voice Case Information System (McVCIS), which uses a touch-tone system.

To gain access to the bankruptcy record, users may be required to enter the case number, debtor’s name, and social security number (last 4 digits). They may perform several searches during a call, and the system will read out automated case summaries, which include the chapter (Chapter 7, 11, or 13), case status (open/closed), and discharge date (if applicable).