Step 1: Credit Counseling (Before Filing)
Required under 11 U.S.C. section 109(h). You cannot file without it.
- Complete credit counseling from a UST-approved providerFind approved providers at justice.gov/ust. Available online, by phone, or in person. Takes 60-90 minutes. Cost: $10-50.
- Save the certificate of completion (PDF)Valid for 180 days from completion date. You will file this with your petition.
- If the provider prepared a debt repayment plan, save a copy
Step 2: Required Forms
All official forms are free to download from uscourts.gov/forms/bankruptcy-forms. Use only the current version.
Core Forms (Both Chapters)
| Form | Name | Purpose |
|---|---|---|
| 101 | Voluntary Petition | Initiates your case |
| 106A/B | Schedule A/B | Real and personal property |
| 106C | Schedule C | Exempt property |
| 106D | Schedule D | Secured creditors |
| 106E/F | Schedule E/F | Priority and unsecured creditors |
| 106G | Schedule G | Executory contracts and leases |
| 106H | Schedule H | Co-debtors |
| 106I | Schedule I | Current income |
| 106J | Schedule J | Current expenses |
| 106Dec | Declaration | Declares schedules are true under penalty of perjury |
| 107 | Statement of Financial Affairs | Financial history |
| 119 | Bankruptcy Petition Cover Sheet | Summary cover sheet |
| 121 | Statement of Social Security Number | SSN (filed separately, not public) |
Chapter 7 Additional Forms
| Form | Name | Purpose |
|---|---|---|
| 122A-1 | Chapter 7 Means Test | Determines eligibility |
| 122A-2 | Means Test Calculation | Detailed calculation (if required) |
| 108 | Statement of Intention | Plans for secured property |
Chapter 13 Additional Forms
| Form | Name | Purpose |
|---|---|---|
| 122C-1 | Chapter 13 Means Test | Determines disposable income |
| 122C-2 | Means Test Calculation | Detailed calculation (if required) |
| 113 | Chapter 13 Plan | Your repayment plan |
- Download all required forms for your chapter
- Complete every field -- leave nothing blank (write "N/A" or "None" where applicable)
- Check your local court for any required local formsMany courts have local cover sheets, matrix requirements, or additional forms. Check your court's website.
- Make at least 2 copies of everything (1 for the court, 1 for your records, 1 for the trustee)
- Sign and date all forms that require signatures
Step 3: Filing Fee or Fee Waiver
- Determine your filing fee: $338 (Chapter 7) or $313 (Chapter 13)
- Option A: Pay in full at filingCashier's check or money order payable to "Clerk, U.S. Bankruptcy Court." Some courts accept credit/debit cards.
- Option B: Request installment payments (Form 103A)Up to 4 installments over 120 days. Must be filed with the petition.
- Option C: Request fee waiver (Form 103B -- Chapter 7 only)Available if household income is below 150% of federal poverty guidelines. Chapter 13 filers cannot waive the fee but can pay in installments.
28 U.S.C. section 1930(f): The court may waive the Chapter 7 filing fee for individuals whose income is less than 150% of the poverty line and who are unable to pay in installments.
Step 4: Where to File
- Identify your federal judicial districtFile in the district where you have lived for the greater portion of the last 180 days.
- Locate your bankruptcy court clerk's officeFind your court at uscourts.gov/court-locator
- Check if your court accepts electronic filing from pro se debtorsSome courts have CM/ECF access for pro se filers. Others require in-person or mail filing.
- Prepare your creditor mailing matrixA list of all creditors with mailing addresses. Format varies by court. Check local rules for format requirements (usually a text file, one creditor per line).
Step 5: File the Petition
- File the Voluntary Petition (Form 101) -- this starts your case
- File all schedules, SOFA, and means test
- File the credit counseling certificate
- File Form 121 (SSN statement) -- filed separately in a sealed envelope
- File the creditor mailing matrix
- Pay the filing fee (or file fee waiver/installment application)
- Get your case number and filing confirmation from the clerk
The automatic stay takes effect immediately upon filing. Once you file, creditors must stop all collection activity, lawsuits, garnishments, and foreclosure proceedings. 11 U.S.C. section 362(a).
Step 6: Service Requirements
After filing, certain parties must receive copies of your documents.
- The court sends notice of filing to all creditors via the Bankruptcy Noticing Center (BNC)This is automatic -- the court handles it based on your creditor mailing matrix.
- Provide tax returns to the trustee at least 7 days before the 341 meetingFailure to provide results in automatic dismissal under 11 U.S.C. section 521(e)(2).
- Provide pay stubs to the trustee (received within 60 days before filing)
- Chapter 13: Serve the plan on all creditors and the trusteeCheck local rules for service method. Some courts require the debtor to serve; others handle it through the BNC.
Step 7: Key Deadlines After Filing
- 14 days: Deadline to file remaining schedules (if emergency/bare-bones petition filed)Fed. R. Bankr. P. 1007(c). Failure results in automatic dismissal.
- 7 days before 341: Provide tax returns to the trustee
- 20-40 days: 341 meeting of creditorsThe court will mail you the date, time, and location. See 341 Meeting Preparation Checklist.
- 30 days after 341: Deadline for objections to exemptions
- 60 days after 341: Deadline for objections to discharge (Chapter 7)
- Before discharge: Complete debtor education (financial management) courseThis is the second required course. File the certificate (Form 423) with the court.
- Chapter 7 discharge: Approximately 60-90 days after the 341 meeting
- Chapter 13 discharge: After completing 3-5 years of plan payments
Critical: Missing these deadlines can result in dismissal of your case. Use a calendar and set reminders for every deadline.
Pro Se Survival Tips
- Read the local rules for your court before filingEvery court has local rules that supplement the Federal Rules of Bankruptcy Procedure. Available on your court's website.
- Ask the clerk's office for procedural help (they cannot give legal advice)Clerks can tell you what form to use, where to file, and what the local requirements are. They cannot tell you what to put on the form.
- Check for a pro se help desk at your courthouse
- Look for free legal aid in your areaLegal aid organizations provide free bankruptcy representation to qualifying low-income filers. Search at lsc.gov.
- Keep copies of everything you file
- Check PACER or your court's free public access for docket updates
- Respond to every court order or trustee request promptly