Chapter 11 Filing Requirements

Often called the 'reorganization chapter,' Chapter 11 allows corporations, partnerships, and individuals to reorganize, without having to liquidate all assets. In filing a Chapter 11, the debtor presents a plan to creditors which, if accepted by the creditors and approved by the Court, will allow the debtor to reorganize personal, financial or business affairs and again become a financially productive individual or business.

Credit Counseling
Credit Counseling must be obtained prior to filing Bankruptcy.

In order to be excepted from filing the certificate of credit counseling, a debtor must either:

1. Submit a different certificate describing exigent circumstances that merit waiver of the requirement and also states the debtor requested credit counseling but was unable to obtain credit counseling during the 7-day period before filing; OR
2. Request, in writing, and provide notice that the debtor is unable to obtain credit counseling because of incapacity, disability or active military duty in a military combat zone.

Involuntary Petition Filing Requirements

Please see Involuntary Petitions for filing requirements.

Requirements

Copy Requirement: Original plus one (1 copy)
The copy requirement numbers above include the copy to be returned to the filing party. See Local Rules 1002 (a) (1) and 7010 (c) (1)
The IRS has access to documents through the internet, so a copy is not required to be forwarded.

• Documents Required at Time of Filing (Minimum Filing Requirements)

  • Voluntary Petition and Schedules to be submitted in the following order (Original + 1 copy):
    • Choose the applicable form related to your filing type:
      FOR INDIVIDUALS FILING FOR BANKRUPTCY
      101   Voluntary Petition for Individuals Filing for Bankruptcy (Official Form)
      * Signatures of debtor(s) and attorney are required at the time of filing
      
      FOR NON-INDIVIDUALS FILING FOR BANKRUPTCY
      201   Voluntary Petition for Non-Individuals Filing for Bankruptcy (Official Form)
      * Signatures of debtor(s) and attorney are required at the time of filing
    • Choose the applicable form related to your filing type:
      FOR INDIVIDUALS FILING FOR BANKRUPTCY
      104   For Individual Chapter 11 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims Against You and Are Not Insiders (Official Form)
      
      FOR NON-INDIVIDUALS FILING FOR BANKRUPTCY
      204   Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims and Are Not Insiders (Official Form)
    • 121   Statement about Your Social Security Numbers (Official Form)
      * Required at time of filing (If debtor is an individual)
    • 2800   Disclosure of Compensation of Bankruptcy Petition Preparer (Procedural Form)
    • 119   Bankruptcy Petition Preparer's Notice, Declaration and Signature (Official Form)
      * Required only if Filed by Non-Attorney Bankruptcy Petition Preparer
    • Balance Sheet, Statement of Operations, Cash‐Flow Statement, Federal Income Tax Return (or statement stating there are none)
      * Required only if Small Business, including Subchapter V
  • Creditor Matrix File
    * E-Filers: Upload the Creditor Matrix File in text format (ex: smith.txt)
    * Pro Se: You may file the Creditor Matrix File in paper format
    * Verification of Creditor Matrix Form
  • $1738 Filing Fee
    * E-Filers: Payment must be made electronically with a credit or debit card
    * Pro Se: Payment must be made by Money Order or Cashier’s Check

    - The Clerk's office does not accept cash
    - No Personal checks from debtors are accepted

  • 103A   Application for Individuals to Pay the Filing Fee in Installments
    * Required only if paying in installments (Debtor must be an individual)      
    Note: The Application must be signed by both debtors if it is a joint petition. Title 28 Sec. 1930(a).

• Documents Required with the Voluntary Petition or within 14 Days of Filing

  • 2010   Notice Required by 11 U.S.C. §342(b) for Individuals Filing for Bankruptcy (Procedural Form)
  • Choose the applicable form related to your filing type:
    • FOR INDIVIDUALS FILING FOR BANKRUPTCY
      106Sum   A Summary of Your Assets and Liabilities and Certain Statistical Information (Official Form)
      
    • FOR NON-INDIVIDUALS FILING FOR BANKRUPTCY
      206Sum   A Summary of Your Assets and Liabilities for Non-Individuals (Official Form)
  • Choose the applicable form related to your filing type:
    • FOR INDIVIDUALS FILING FOR BANKRUPTCY
      106A/B   Schedule A/B: Property (Official Form)
    • FOR NON-INDIVIDUALS FILING FOR BANKRUPTCY
      206A/B   Schedule A/B: Property (Official Form)
  • 106C   Schedule C: The Property You Claim as Exempt (Official Form)
  • Choose the applicable form related to your filing type:
    • FOR INDIVIDUALS FILING FOR BANKRUPTCY
      106D   Schedule D: Creditors Who Have Claims Secured by Property (Official Form)
    • FOR NON-INDIVIDUALS FILING FOR BANKRUPTCY
      206D   Schedule D: Creditors Who Have Claims Secured by Property (Official Form)
  • Choose the applicable form related to your filing type:
    • FOR INDIVIDUALS FILING FOR BANKRUPTCY
      106E/F   Schedule E/F: Creditors Who Have Unsecured Claims (Official Form)
    • FOR NON-INDIVIDUALS FILING FOR BANKRUPTCY
      206E/F   Schedule E/F: Creditors Who Have Unsecured Claims (Official Form)
  • Choose the applicable form related to your filing type:
    • FOR INDIVIDUALS FILING FOR BANKRUPTCY
      106G   Schedule G: Executory Contracts and Unexpired Leases (Official Form)
    • FOR NON-INDIVIDUALS FILING FOR BANKRUPTCY
      206G   Schedule G: Executory Contracts and Unexpired Leases (Official Form)
  • Choose the applicable form related to your filing type:
    • FOR INDIVIDUALS FILING FOR BANKRUPTCY
      106H   Schedule H: Codebtors (Official Form)
    • FOR NON-INDIVIDUALS FILING FOR BANKRUPTCY
      206H   Schedule H: Codebtors
  • 106I   Schedule I: Your Income (Official Form)
  • 106J   Schedule J: Your Expenses (Official Form)
  • 106J-2   Schedule J-2: Expenses for Separate Household of Debtor 2 (Official Form)
    * Use this form for Debtor 2’s separate household expenses ONLY IF Debtor 1 and Debtor 2 maintain separate households.
  • Choose the applicable form related to your filing type:
    • FOR INDIVIDUALS FILING FOR BANKRUPTCY
      106Dec   Declaration About an Individual Debtor’s Schedules (Official Form)
    • FOR NON-INDIVIDUALS FILING FOR BANKRUPTCY
      202   Declaration Under Penalty of Perjury for Non-Individual Debtors (Official Form)
  • Choose the applicable form related to your filing type:
    • FOR INDIVIDUALS FILING FOR BANKRUPTCY
      107   Statement of Financial Affairs for Individuals Filing for Bankruptcy (Official Form)
    • FOR NON-INDIVIDUALS FILING FOR BANKRUPTCY
      207   Statement of Financial Affairs for Non-Individuals Filing for Bankruptcy (Official Form)
  • 2030   Disclosure of Compensation of Attorney for Debtor (Procedural Form)
  • Verification of Creditor Matrix and list of creditors (Creditor Matrix Example)
  • 122B   Chapter 11 Statement of Your Current Monthly Income (Official Form)
    *Required (If debtor is an individual)
    *Not Required (If debtor is filing a Subchapter V)
  • Declaration Re: Electronic Filing of Petition
    * Required (If E-Filed only)

• Documents Due Within 120 Days of Filing

  • Chapter 11 Plan