Table of Contents
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1. Official Bankruptcy Forms -- The Complete List
The federal courts publish a set of Official Bankruptcy Forms that every filer must use. These forms are standardized nationwide, though individual courts may require additional local forms. Below is the full list of forms that an individual debtor will typically need to file, organized in the order the court expects to receive them.
The Petition
The petition is the document that actually starts your bankruptcy case. The moment it is filed with the clerk, your case number is assigned, the automatic stay takes effect, and deadlines begin running.
| Form | Title | Purpose |
|---|---|---|
| B 101 | Voluntary Petition for Individuals Filing for Bankruptcy | Initiates the case. Includes your name, address, SSN (last 4 digits on petition, full SSN on separate form), prior filings, and chapter election. |
| B 101A | Initial Statement About an Eviction Judgment | Required only if there is a pending eviction judgment against you. Must be filed with the petition. |
| B 101B | Additional Statement About an Eviction Judgment | Follow-up certification filed within 30 days if B 101A applies. |
| B 119 | Bankruptcy Petition Preparer's Notice, Declaration, and Signature | Required only if a non-attorney petition preparer helped you complete the forms. Under 11 U.S.C. Section 110, petition preparers may not give legal advice. |
| B 121 | Statement About Your Social Security Numbers | Provides your full SSN to the court. Filed separately from the petition and not included in the public file. |
The Schedules
The schedules are the core of your bankruptcy filing. They provide a complete picture of your financial life -- everything you own, everything you owe, your income, and your expenses. Accuracy here is critical. Mistakes on schedules are the most common reason cases get dismissed or debtors lose property they could have kept.
| Form | Title | What It Covers |
|---|---|---|
| B 106Sum | Summary of Your Assets and Liabilities | One-page summary that totals all your schedules. Filled in last, after completing A/B through J. |
| B 106A/B | Schedule A/B: Property | Every piece of property you own or have an interest in: real estate, vehicles, bank accounts, household goods, clothing, electronics, jewelry, investments, retirement accounts, tax refunds owed to you, lawsuits you are a party to, business interests, and anything else of value. |
| B 106C | Schedule C: Property Claimed as Exempt | Lists the property from Schedule A/B that you are claiming as exempt (protected from creditors). You must choose either federal exemptions (11 U.S.C. Section 522(d)) or your state's exemptions -- not both (unless your state opts out of the federal scheme). |
| B 106D | Schedule D: Creditors Who Hold Claims Secured by Property | All secured debts: mortgages, car loans, furniture loans, tax liens, judgment liens. Include the creditor name, account number, amount owed, and the property securing the debt. |
| B 106E/F | Schedule E/F: Creditors Who Have Unsecured Claims | All unsecured debts, split into priority (taxes, domestic support, wages owed to employees) and general unsecured (credit cards, medical bills, personal loans, deficiency balances). |
| B 106G | Schedule G: Executory Contracts and Unexpired Leases | Any contracts or leases still in effect: apartment leases, vehicle leases, equipment leases, cell phone contracts, gym memberships, timeshares. |
| B 106H | Schedule H: Your Codebtors | Anyone who is jointly liable on any of your debts -- cosigners, guarantors, joint account holders, co-borrowers. |
| B 106I | Schedule I: Your Income | Your current monthly income from all sources: wages, self-employment, Social Security, pensions, child support received, rental income, unemployment benefits, and any other regular income. If married, includes spouse's income whether or not spouse is filing. |
| B 106J | Schedule J: Your Expenses | Your current monthly expenses: rent/mortgage, utilities, food, clothing, transportation, medical, insurance, child care, education, charitable contributions, and all other regular expenses. |
| B 106J-2 | Schedule J-2: Expenses for Separate Household of Debtor | Used when spouses maintain separate households. Rare but important when applicable. |
| B 106Dec | Declaration About an Individual Debtor's Schedules | Your signature under penalty of perjury certifying that everything in the schedules is true and correct. This is the form that makes false statements a federal crime under 18 U.S.C. Section 152. |
Statement of Financial Affairs
| Form | Title | Purpose |
|---|---|---|
| B 107 | Statement of Financial Affairs for Individuals Filing for Bankruptcy | 32 questions covering your financial history: income for the past 2 years, payments to creditors in the past 90 days (or 1 year for insiders), lawsuits, garnishments, repossessions, foreclosures, transfers of property, closed accounts, safe deposit boxes, gifts, losses, and more. This form is a minefield for pro se filers -- answer every question completely. |
Chapter 13 Plan
If you are filing Chapter 13, you will also need to file a repayment plan. Many districts have adopted a standardized plan form, though some still use local forms.
| Form | Title | Purpose |
|---|---|---|
| B 113 | Chapter 13 Plan | Your proposed repayment plan, including monthly payment amount, plan length (36 to 60 months), treatment of secured debts (surrender, retain, cramdown), priority claims, and the percentage that unsecured creditors will receive. |
Pro se note: Chapter 13 is dramatically more complex than Chapter 7 for self-represented filers. You must draft a confirmable plan, attend a confirmation hearing, make monthly payments to a trustee for 3 to 5 years, and comply with ongoing reporting requirements. Courts strongly discourage pro se Chapter 13 filings. If possible, consider Chapter 7 first or consult a legal aid office.
Additional Required Forms
| Form | Title | When Required |
|---|---|---|
| B 108 | Statement of Intention for Individuals Filing Under Chapter 7 | Chapter 7 only. States what you intend to do with secured property: surrender, reaffirm, redeem, or retain and continue paying. |
| B 103A | Application to Pay Filing Fee in Installments | If you cannot pay the filing fee in full at the time of filing. |
| B 103B | Application to Have the Chapter 7 Filing Fee Waived | Chapter 7 only. Available if income is below 150% of the federal poverty guidelines. |
| B 104 | Creditor Mailing Matrix | Alphabetical list of all creditor names and addresses, used by the court to send notices. Format varies by district -- check your local court's requirements. |
| B 318 | Discharge of Debtor in a Chapter 7 Case | Issued by the court -- you do not file this. Listed here so you know what the end result looks like. |
2. Means Test Forms (122A and 122C)
The means test determines whether you qualify for Chapter 7 or whether you must file Chapter 13. It compares your income to the median income for your household size in your state. For a detailed breakdown of how the means test works, see meanstest.org.
Chapter 7 Means Test
| Form | Title | Who Files It |
|---|---|---|
| B 122A-1 | Chapter 7 Statement of Your Current Monthly Income | All Chapter 7 filers. Calculates your "current monthly income" -- the average of your gross income for the 6 full calendar months before filing. |
| B 122A-1Supp | Statement of Exemption from Presumption of Abuse Under Section 707(b)(2) | Filed instead of 122A-2 if you are a disabled veteran, a reservist/National Guard member called to active duty, or if your debts are primarily business debts (not consumer). |
| B 122A-2 | Chapter 7 Means Test Calculation | Required if your income on 122A-1 exceeds the state median for your household size. This is the full means test -- it applies IRS expense standards and your actual secured debt payments to determine whether you have enough disposable income to fund a Chapter 13 plan. |
Chapter 13 Means Test
| Form | Title | Who Files It |
|---|---|---|
| B 122C-1 | Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period | All Chapter 13 filers. Determines whether your plan must be 36 months (below median) or 60 months (above median). |
| B 122C-2 | Chapter 13 Calculation of Your Disposable Income | Required only if income exceeds the state median. Calculates disposable income using IRS standards, which determines minimum plan payment. |
Where to find median income figures: The U.S. Trustee Program publishes updated median income data at justice.gov/ust/means-testing. These figures are updated periodically based on Census Bureau data. Use the figures in effect on the date you file, not the date you start preparing your forms.
Common trap: "Current monthly income" in bankruptcy does not mean what you earned last month. It is the average of your gross income for the 6 full calendar months before the month you file. If you file on March 15, your 6-month look-back period is September 1 through February 28. This catches people who had a high-income period followed by job loss -- your "current" income may be much higher than what you actually earn now.
3. Documents to Gather Before You Start
Before you touch a single form, gather all supporting documents first. This is the most time-consuming part of the process, and missing even one document can delay your filing or result in dismissal. The trustee assigned to your case will request many of these at the 341 meeting of creditors, and failure to produce them can be grounds for denial of discharge.
Income Documentation
- Pay stubs for the last 6 months -- Required by 11 U.S.C. Section 521(a)(1)(B)(iv). You must provide these to the trustee at least 7 days before the 341 meeting. If you are paid weekly, that is roughly 26 pay stubs. Bi-weekly means 13. If you have lost any, contact your employer's payroll department for copies.
- Federal tax returns for the last 2 years -- Both the filed returns and all W-2s, 1099s, and other supporting schedules. Under Section 521(e)(2), you must provide a copy of your most recent tax return (or a transcript) to the trustee at least 7 days before the 341 meeting. Many trustees request 2 years. If you have not filed your tax returns, you must file them before filing bankruptcy -- the court will dismiss your case if you have unfiled returns for the past 4 years.
- State tax returns for the last 2 years -- Some trustees request these as well, and several districts require them as a local rule.
- Self-employment records -- If you are self-employed or run a business: profit and loss statements, business bank statements, QuickBooks reports, 1099-NEC/1099-MISC forms, and any other records showing business income and expenses for the last 6 months (for the means test) and the last 2 years (for the Statement of Financial Affairs).
- Other income documentation -- Social Security award letters, pension statements, unemployment benefit letters, disability payments, alimony/child support orders, rental income records, investment income statements.
Bank and Financial Statements
- Bank statements for the last 60 days (minimum) -- Every checking, savings, money market, and credit union account. Many trustees request 6 months. Include all pages, even blank ones. If you have closed any accounts in the past year, get the final statements.
- Investment account statements -- Brokerage accounts, mutual funds, stocks, bonds, cryptocurrency exchange statements. Current balances and recent activity.
- Retirement account statements -- 401(k), 403(b), IRA, Roth IRA, pension, and any other retirement accounts. Most recent quarterly statement showing current balance. Retirement accounts are generally exempt in bankruptcy, but you still must disclose them on Schedule A/B.
- Life insurance policies -- The policy itself and a statement showing any cash surrender value. Term life policies have no cash value. Whole life and universal life policies do -- and that cash value is an asset of the estate.
Property Documentation
- Vehicle titles -- For every vehicle you own. If there is a lien, you will have a lien notation on the title or the lienholder will hold the title. You need the VIN, year, make, model, and mileage for Schedule A/B.
- Vehicle loan statements -- Current payoff amount, monthly payment, interest rate, and account number for each financed vehicle.
- Mortgage statements -- Most recent statement for each mortgage. Include the current balance, monthly payment (PITI: principal, interest, taxes, insurance), interest rate, and any arrearage amount. If you are behind on your mortgage, get a detailed arrearage breakdown.
- Property tax statements -- Most recent real property tax bill showing assessed value and amount owed.
- Home insurance declarations page -- Shows coverage amounts and annual premium.
- Real estate deeds -- For any real property you own or have an interest in, including land, rental property, or timeshares.
- Vehicle insurance declarations page -- Shows coverage and premium for each insured vehicle.
Debt Documentation
- Most recent statement for every debt -- Credit cards, medical bills, personal loans, student loans, payday loans, 401(k) loans, tax debts, court judgments. You need the creditor name, account number, and current balance for Schedules D, E/F.
- Collection letters and notices -- Especially if the original creditor has sold the debt to a collection agency. List both the original creditor and the current holder.
- Judgment and garnishment documents -- Court orders, writs of garnishment, wage withholding orders. These go on the Statement of Financial Affairs and may affect your schedule entries.
- Tax liens and IRS/state notices -- Any Notice of Federal Tax Lien, CP notices, or state tax assessment notices. Tax debts have special priority status in bankruptcy.
- Student loan documentation -- Servicer statements, loan details, any income-driven repayment plan documentation.
- Domestic support obligations -- Child support orders, alimony decrees, and any arrearage statements. These debts are not dischargeable and receive first-priority status.
Legal and Contract Documents
- Lease agreements -- Apartment, vehicle, equipment, or any other current lease. These go on Schedule G.
- Pending lawsuits -- Complaints, summonses, court filings for any lawsuit where you are either a plaintiff or defendant. If you are a plaintiff, the potential recovery is an asset. If you are a defendant, the claim is a liability.
- Divorce decree -- If applicable. Domestic support obligations, property settlement agreements, and obligations from a divorce have special treatment in bankruptcy.
- Business formation documents -- Articles of incorporation, LLC operating agreements, partnership agreements. If you own any interest in a business, it must be disclosed.
Pre-Filing Requirements
- Credit counseling certificate -- You must complete a credit counseling course from an approved agency within 180 days before filing. The agency will issue a certificate that you file with the court. A list of approved agencies is at justice.gov/ust. Cost: $10 to $50 (fee waivers sometimes available).
- Credit reports -- Pull all three (Equifax, Experian, TransUnion) from annualcreditreport.com (free). Use these to build your creditor list. The reports often contain debts you have forgotten about, and missing a creditor can mean that debt survives your discharge.
Post-filing requirement: After filing but before discharge, you must complete a debtor education course (also called financial management course) from a separate approved agency. This is different from the pre-filing credit counseling course. The certificate is filed with the court using Form B 423. If you do not file it, you will not receive your discharge.
4. How to Organize Everything
A well-organized filing package makes the difference between a smooth case and a chaotic one. Pro se filers who show up to the 341 meeting with a binder of organized documents earn credibility with the trustee. Those who show up with a pile of loose papers do not.
Recommended Folder Structure
Create a physical binder or folder system with the following tabs. If you are working digitally, mirror this structure on your computer with named folders.
- Petition and Core Forms -- B 101, B 121, B 101A (if applicable), credit counseling certificate, B 103A/B (if applicable)
- Schedules A/B and C -- Property list and exemptions, with supporting documentation behind each (titles, statements, appraisals)
- Schedules D, E/F -- Secured and unsecured creditor lists, with the most recent statement for each debt
- Schedules G, H, I, J -- Contracts, codebtors, income, expenses
- Statement of Financial Affairs -- Form B 107 with supporting documents for any question where you answered "Yes"
- Means Test -- 122A or 122C series, with the pay stubs and income records used to calculate the numbers
- Tax Returns -- 2 years of federal and state returns, all W-2s and 1099s
- Bank Statements -- 2 to 6 months for every account, organized by account
- Insurance Policies -- Declarations pages for home, auto, health, life
- Correspondence -- Court notices, trustee requests, any letters from creditors during the case
Tips for Pro Se Filers
- Make copies of everything. Keep originals in a safe place. Bring copies to the 341 meeting and any hearings. Courts do not return documents.
- Cross-reference your credit reports against your schedules. Every debt on your credit report should appear on either Schedule D or Schedule E/F. If a debt shows on the credit report but not on your schedules, you may have missed a creditor.
- Date-stamp your documents. When you gather a statement, write the date you obtained it on the document. This helps establish the "as-of" date for values on your schedules.
- Keep a running total. As you fill out each schedule, keep a running total of assets and liabilities. These totals must match B 106Sum (the Summary).
- Use the official form instructions. Each form comes with a separate instruction sheet. Read every instruction before filling out the form. The instructions explain what each line means in plain language.
Digital copies matter. Scan or photograph every important document and save it to a cloud service or external drive. Paper gets lost. Houses flood. If the trustee requests a document 6 months into your case that you gathered at the beginning, you need to be able to produce it.
5. Timeline -- What Is Due and When
Bankruptcy deadlines are strict, and missing them can result in automatic dismissal of your case without a hearing. The timeline below covers the major deadlines for individual debtors. Your local court may impose additional deadlines.
Before Filing
- Within 180 days before filing: Complete credit counseling from an approved agency. You will receive a certificate.
- Before filing: Ensure your federal tax returns are filed for the past 4 tax years. The court can dismiss your case under Section 521(j) for unfiled returns.
- Before filing: Gather all documents listed in Section 3 above. Aim to have everything in hand before you start filling out forms.
Day of Filing (Day 0)
- At minimum, file: Voluntary Petition (B 101), Social Security form (B 121), credit counseling certificate, creditor mailing matrix (B 104), and either the filing fee, B 103A (installments), or B 103B (fee waiver).
- Ideal: File all schedules, the Statement of Financial Affairs, and the means test form at the same time as the petition. This avoids deficiency notices and starts your case cleanly.
Bare petition filing: You are allowed to file just the petition, B 121, and the creditor matrix to get the case started (called a "bare petition" or "skeleton filing"). However, this triggers strict deadlines for the remaining documents and is a common trap for pro se filers who underestimate how quickly 14 days passes.
After Filing
| Deadline | What Is Due | Consequence of Missing |
|---|---|---|
| 14 days | All remaining schedules, Statement of Financial Affairs, means test form, and Chapter 13 plan (if applicable). | Automatic dismissal under Section 521(i)(1). The court does not need to hold a hearing -- your case is simply dismissed. |
| 7 days before 341 meeting | Provide the trustee with a copy of your most recent federal tax return (or transcript) and pay stubs for the 60 days before filing. | Trustee may continue the 341 meeting or move to dismiss. Under Section 521(e)(2)(B), failure to provide the tax return can result in dismissal. |
| 30 days after filing (Ch. 7) | Statement of Intention (B 108) -- declare what you will do with secured property. | Automatic stay lifts as to the property, meaning the creditor can repossess or foreclose. |
| 21-50 days after filing | Attend the 341 Meeting of Creditors. Date is set by the court. | Case will be dismissed if you fail to appear. See 341meeting.org for what to expect. |
| 45 days after 341 meeting (Ch. 7) | Perform your stated intention regarding secured property (reaffirm, redeem, or surrender). | Automatic stay lifts as to the property. |
| 60 days after 341 meeting (Ch. 7) | Deadline for creditors and the U.S. Trustee to object to discharge or file a motion to dismiss for abuse. | This is a deadline for others, not for you -- but be aware of it. If no objections, discharge typically follows shortly after. |
| Before discharge | Complete the debtor education course and file the certificate (B 423). | No discharge until the certificate is filed. If not filed within 45 days after the deadline for objecting to discharge (Ch. 7), the case may be closed without discharge. |
Chapter 13 additional deadlines: Plan confirmation hearing (typically 20-45 days after the 341 meeting, varies by district). First plan payment due within 30 days of filing under Section 1326(a)(1) -- even before the plan is confirmed. Monthly payments continue for 36 to 60 months. Annual tax return must be filed and provided to the trustee. Any of these failures can result in dismissal or conversion.
6. Common Mistakes That Cause Dismissal
Most bankruptcy dismissals are not caused by fraud or bad intent. They are caused by paperwork errors, missed deadlines, and incomplete disclosures. Here are the mistakes that most frequently kill pro se cases.
Incomplete Schedules
Leaving a schedule blank is not the same as answering "none." If you have no executory contracts, Schedule G must still be filed -- with "none" entered. Every schedule must be completed and filed, even if the answer is zero or none. The court cannot distinguish between "I have no assets in this category" and "I forgot to file this form" unless the form is present and marked accordingly.
Missing Creditors
If you forget to list a creditor, that debt may survive your discharge. In a Chapter 7 no-asset case, omitted debts are sometimes still discharged if the creditor was not prejudiced. But in a Chapter 13 case or a Chapter 7 asset case, an omitted creditor loses their right to receive distributions or file a timely proof of claim. Always cross-check your schedules against all three credit reports, your mail, your email, and your bank statements for automatic payments you may have forgotten.
Inaccurate Property Values
Schedule A/B requires you to list the "current value" of your property -- meaning what it would sell for on the open market in its current condition, not what you paid for it or what you owe on it. For vehicles, use NADA or Kelley Blue Book trade-in values. For real estate, use recent comparable sales or the county assessed value. The trustee will challenge values that appear too low.
Failing to Disclose Transfers
Question 18 of the Statement of Financial Affairs asks about transfers of property made in the 2 years before filing. This includes selling a car, transferring a deed, paying a family member, or moving money between accounts. Failure to disclose transfers can result in denial of discharge entirely under 11 U.S.C. Section 727(a)(2) -- even if the transfer was completely innocent.
Not Filing Tax Returns
If you have not filed your federal tax returns for the past 4 years, the court will dismiss your case. This catches many pro se filers by surprise. File all delinquent returns with the IRS before filing your petition. Note that recently filed returns create tax debts that are typically non-dischargeable.
Missing the 14-Day Deadline
If you file a bare petition (petition only, no schedules), you have exactly 14 days to file all remaining documents. Under Section 521(i), the case is automatically dismissed if you miss this deadline. You can request a single extension, but it is not guaranteed. Do not file a bare petition unless you are absolutely certain you can complete all forms within 14 days.
Forgetting the Credit Counseling Certificate
The credit counseling course must be completed before filing, and the certificate must be filed with the court. If you file your petition without the certificate, the court will issue a deficiency notice. If you still do not file it, the case will be dismissed. The course takes about 60 to 90 minutes and can be done online.
Inconsistent Numbers
The trustee will compare your income on Schedule I to your pay stubs, your bank deposits, your tax returns, and your means test form. If the numbers do not match, expect tough questions at the 341 meeting. Similarly, your expenses on Schedule J should be consistent with your bank statements. If you list $200/month for food but your bank statements show $800 in grocery store charges, you have a credibility problem.
The most dangerous mistake: Lying on your forms. Everything you file is signed under penalty of perjury. The trustee is a professional investigator. They will review your bank statements, tax returns, and property records. If they catch you hiding assets, transferring property, or misrepresenting income, you face denial of discharge under Section 727(a), criminal prosecution under 18 U.S.C. Section 152, or both. Full honesty is not optional -- it is the foundation of the entire system.
7. Where to Get the Forms
All Official Bankruptcy Forms are free. Do not pay for them. Here is where to find everything you need.
National Forms (Required in Every District)
- uscourts.gov/forms/bankruptcy-forms -- The official source for all national bankruptcy forms. Forms are in fillable PDF format. Each form includes a separate instruction document. Always download the most recent version -- forms are updated periodically. Direct link: uscourts.gov/forms/bankruptcy-forms
Local Forms (Vary by District)
- Your local bankruptcy court's website -- Many courts require additional local forms: cover sheets, local creditor matrix formatting instructions, local plan forms, or local notice procedures. Find your court at uscourts.gov/federal-court-finder. Navigate to the court's "Forms" or "Filing Information" section.
- Local rules -- While not forms, your court's local rules govern formatting requirements, page limits, service procedures, and other procedural details that can trip up pro se filers. Local rules are published on each court's website.
Means Test Data
- Median income figures: justice.gov/ust/means-testing
- IRS expense standards: justice.gov/ust/means-testing (same page -- includes links to National Standards, Local Standards, and Other Necessary Expenses)
- Means test calculator: meanstest.org -- free, no login required
Credit Counseling and Debtor Education
- Approved credit counseling agencies: justice.gov/ust
- Approved debtor education providers: justice.gov/ust
Never pay for forms. Many websites charge $50 to $200 for "bankruptcy form packages" that contain the same free forms available on uscourts.gov. Some of these sites also upsell legal document review services or bankruptcy petition preparer services of questionable quality. The official forms are always free.
8. Filing Fees and Fee Waivers
The filing fee is paid to the bankruptcy court clerk when you file your petition. The fee amount depends on the chapter under which you are filing.
| Chapter | Filing Fee | Installments | Fee Waiver |
|---|---|---|---|
| Chapter 7 | $338 | Yes -- up to 4 installments (B 103A) | Yes -- if income below 150% of poverty guidelines (B 103B) |
| Chapter 13 | $313 | Yes -- up to 4 installments (B 103A) | No -- Chapter 13 filing fees cannot be waived, but can be paid through the plan |
Paying in Installments
If you cannot pay the full filing fee at the time of filing, use Form B 103A to request installment payments. The court will typically approve 2 to 4 installments spread over 120 days. You must pay the full fee within 120 days of filing unless the court grants an extension (maximum 180 days). Failure to pay the fee in full results in dismissal.
Chapter 7 Fee Waiver
If your household income is below 150% of the federal poverty guidelines, you may request a complete waiver of the Chapter 7 filing fee using Form B 103B. As of 2024, the 150% poverty threshold for a single-person household is approximately $22,590 per year (this figure updates annually). The court is not required to grant the waiver -- it considers your income, expenses, and ability to pay.
Other costs to plan for: Beyond the filing fee, you should budget for credit counseling ($10-$50), debtor education ($10-$50), copies and postage for serving documents, and transportation to the 341 meeting (which is held at a federal building, not at the courthouse in most districts). Total out-of-pocket for a Chapter 7 pro se filing, not counting the fee itself: roughly $25 to $125.
Chapter 13 Filing Fee Through the Plan
In Chapter 13, the filing fee cannot be waived, but it can be paid through the plan itself. This means the $313 is added to your plan payments and paid over the life of the plan. Many Chapter 13 filers, including those with attorneys, handle the filing fee this way. When filing pro se, note this on your plan or ask the clerk how your district handles it.
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9. Frequently Asked Questions
What documents do I need to file bankruptcy?
You need the Official Bankruptcy Forms (Voluntary Petition, Schedules A/B through J, Statement of Financial Affairs, means test form 122A-2 or 122C-2, and a credit counseling certificate), plus supporting documents including 2 years of federal tax returns, 6 months of pay stubs, 60 days of bank statements, vehicle titles, mortgage statements, insurance policies, retirement account statements, and documentation of any pending lawsuits. The exact requirements vary by chapter and district.
How much does it cost to file bankruptcy?
The filing fee for Chapter 7 bankruptcy is $338 and for Chapter 13 it is $313. Chapter 7 filers who earn below 150% of the federal poverty guidelines can apply for a complete fee waiver using Official Form 103B. Both chapters allow payment in up to four installments using Official Form 103A. Credit counseling and debtor education courses each cost $10 to $50, though fee waivers are sometimes available.
Where can I download official bankruptcy forms?
All Official Bankruptcy Forms are available for free download at uscourts.gov/forms/bankruptcy-forms. The forms are in fillable PDF format. Do not pay any website for bankruptcy forms -- they are always free from the federal courts. Your local bankruptcy court may also have court-specific local forms that supplement the national forms.
What happens if I file bankruptcy with incomplete documents?
If you file an incomplete petition, the court will issue a deficiency notice giving you 14 days to supply the missing documents. If you fail to file required schedules, statements, or the means test form within 14 days of the petition date (or any extension granted), your case will be automatically dismissed under 11 U.S.C. Section 521(i). Missing your credit counseling certificate or failing to provide tax returns to the trustee are also common reasons for dismissal.
Do I need to take a credit counseling course before filing?
Yes. Under 11 U.S.C. Section 109(h), you must complete a credit counseling course from a U.S. Trustee-approved agency within 180 days before filing. The certificate must be filed with the court. After filing, you must also complete a separate debtor education course (also called a financial management course) before receiving your discharge. Both courses can be done online and typically cost $10 to $50 each.
Can I file bankruptcy without a lawyer?
Yes. Every individual has the legal right to file bankruptcy pro se (without an attorney). However, courts strongly caution against it, especially in Chapter 13, because the forms are complex, the deadlines are strict, and mistakes can result in dismissal, loss of property, or denial of discharge. If you choose to file pro se, gather all required documents before starting, follow the official form instructions carefully, and check your local court's website for any additional local forms or procedures. For more pro se resources, see prosedebtors.org.
Related Resources
- meanstest.org -- How the means test works and whether you qualify for Chapter 7
- 341meeting.org -- What to expect at the 341 meeting of creditors
- automaticstay.org -- The automatic stay: what it stops, how long it lasts, creditor violations
- 1328f.com -- Free Section 109(g) and Section 1328(f) discharge eligibility screener
- 523a.org -- Non-dischargeable debts under Section 523(a)
- 727a8.com -- Grounds for denial of discharge under Section 727(a)(8)
- relieffromstay.org -- Motions for relief from the automatic stay
- dischargeinjunction.com -- The discharge injunction and creditor violations