Notarial Acts Used in Bankruptcy Proceedings

Bankruptcy-Related Notary Services

Whether you’re filing under Chapter 7, Chapter 11, or Chapter 13, JJLBS Remote Closing Services provides professional Remote Online Notarization for many of the documents commonly associated with bankruptcy matters. From sworn affidavits and settlement agreements to loan modifications, business resolutions, powers of attorney, and real estate documents, we are committed to delivering secure, accurate, and convenient notarial services while remaining impartial and in compliance with Virginia law.

Located in Virginia and Certified to Perform Notarial Acts in All 50 States (where permitted by applicable law).

Notarization is not required for every bankruptcy filing. Most petitions, schedules, and statements are signed by the debtor under penalty of perjury and filed electronically without notarization. However, certain documents, affidavits, certifications, settlement agreements, powers of attorney, and real estate-related documents associated with bankruptcy may require or benefit from notarization, depending on the applicable law, court requirements, and the transaction.

Below is an overview organized by the most common bankruptcy chapters. If you are wanting to see what the forms associated with each chapter the links for each chapter will take you to The Bankruptcy Filing Guide published by The Greensboro Entrepreneur on Amazon.


Chapter 7 Bankruptcy (Liquidation)

Most Common Notarial Acts

1. Jurat (Most Common)

A jurat is used when the debtor or another person makes sworn factual statements.

Common examples include:

  • Affidavit of Financial Hardship
  • Affidavit Supporting Motion Practice
  • Affidavit Regarding Assets
  • Affidavit Regarding Property Ownership
  • Affidavit Explaining Missing Records
  • Affidavit of Identity
  • Creditor Affidavits
  • Witness Affidavits

2. Acknowledgment

Used when executing legal agreements.

Examples:

  • Settlement Agreements
  • Reaffirmation-related agreements when notarization is requested by a lender or state law (the Bankruptcy Code itself generally does not require notarization)
  • Real Estate Transfers
  • Deeds
  • Assignment Agreements
  • Release Agreements

3. Oath or Affirmation

May be used during:

  • Depositions
  • Sworn Testimony
  • Bankruptcy Rule 2004 examinations
  • Administrative proceedings

4. Certified Copies (Virginia)

Eligible business or personal records may be certified where Virginia law permits.

Examples:

  • Financial Statements
  • Business Records
  • Contracts
  • Insurance Policies
  • Operating Agreements

Chapter 11 Bankruptcy

(Business Reorganization)

Chapter 11 typically involves corporations, LLCs, partnerships, and larger business reorganizations.

Common Notarial Acts

Acknowledgment

Frequently used with:

  • Asset Purchase Agreements
  • Sale Documents
  • Financing Agreements
  • Commercial Loan Documents
  • Operating Agreements
  • Amended Operating Agreements
  • Corporate Resolutions
  • LLC Member Consents
  • Commercial Leases
  • Settlement Agreements

Jurat

Used for sworn business statements.

Examples:

  • Affidavits
  • Financial Affidavits
  • Business Valuation Statements
  • Affidavits Supporting Motions
  • Affidavits Regarding Assets
  • Compliance Statements

Trustee Acknowledgment

Used when:

  • Bankruptcy Trustee
  • Liquidating Trustee
  • Litigation Trustee

executes documents.


Personal Representative Acknowledgment

Occasionally used when an estate representative becomes involved.


Attorney-in-Fact Acknowledgment

When authorized agents execute documents under a valid Power of Attorney.


Chapter 13 Bankruptcy

(Individual Reorganization)

Chapter 13 debtors generally retain their property while repaying creditors under a court-approved plan.

Common Notarial Acts

Jurat

Frequently used with:

  • Affidavits
  • Financial Statements
  • Affidavits Supporting Motions
  • Hardship Affidavits
  • Affidavits Regarding Income
  • Affidavits Regarding Expenses

Acknowledgment

Commonly used with:

  • Loan Modification Agreements
  • Mortgage Documents
  • Settlement Agreements
  • Property Transfers
  • Refinancing Documents
  • Real Estate Transactions
  • Consent Agreements

Oath or Affirmation

Used for:

  • Depositions
  • Sworn Testimony
  • Bankruptcy Hearings
  • Rule 2004 Examinations

Certified Copies (Virginia)

May include eligible copies of:

  • Financial Records
  • Tax Records
  • Contracts
  • Business Documents
  • Insurance Documents

Bankruptcy Documents That Frequently Require Notarization

Examples include:

  • Powers of Attorney
  • Real Estate Deeds
  • Loan Modification Agreements
  • Settlement Agreements
  • Asset Purchase Agreements
  • Business Transfer Agreements
  • Affidavits
  • Sworn Declarations
  • Corporate Resolutions
  • Trustee Certifications
  • Estate Planning Documents executed during the bankruptcy process
  • Certain banking and financing documents requested by lenders

Documents Usually NOT Notarized

Most bankruptcy filings are signed under penalty of perjury rather than notarized.

Examples commonly include:

  • Voluntary Petition
  • Schedules
  • Statement of Financial Affairs
  • Chapter 13 Plan
  • Means Test Forms
  • Creditor Matrix
  • Creditor Mailing Lists
  • Monthly Operating Reports (unless a particular court or party requires otherwise)
  • Various federal bankruptcy forms signed electronically

Always follow the requirements of the Bankruptcy Code, Federal Rules of Bankruptcy Procedure, local bankruptcy rules, and any specific instructions from the court or trustee.


Common Documents by Chapter

ChapterMost Frequently Notarized DocumentsTypical Notarial Act
Chapter 7Affidavits, settlement agreements, deeds, powers of attorney, reaffirmation-related documents when requestedJurat, Acknowledgment
Chapter 11Corporate resolutions, financing agreements, asset sales, operating agreements, trustee documents, commercial real estate documentsAcknowledgment, Jurat, Trustee Acknowledgment
Chapter 13Loan modifications, settlement agreements, affidavits, refinancing documents, powers of attorneyAcknowledgment, Jurat

Services JJLBS Remote Closing Services Can Provide

If you’re involved in a bankruptcy matter, JJLBS Remote Closing Services can assist with eligible notarial acts related to bankruptcy proceedings, including:

  • Sworn affidavits and declarations
  • Settlement and release agreements
  • Loan modification and mortgage documents
  • Real estate transfer documents
  • Powers of attorney
  • Corporate and LLC resolutions
  • Trustee and authorized representative acknowledgments
  • Certified copies of eligible original documents under Virginia law
  • Remote Online Notarization for individuals and businesses throughout the United States (where permitted by law)

Important Notice

A Virginia Notary Public cannot:

  • Provide legal advice regarding bankruptcy.
  • Recommend whether to file under Chapter 7, 11, or 13.
  • Prepare bankruptcy petitions or schedules unless separately authorized to do so.
  • Choose the appropriate notarial certificate for a client.
  • Advise whether a document should be filed with the bankruptcy court.

If you have questions about your bankruptcy rights, filing requirements, or the legal effect of a document, consult your bankruptcy attorney or another qualified legal professional before your notarization appointment.