Filing

• Bankruptcy Basics and Resources
• Filing Without an Attorney (Pro Se)
  • Filing Without an Attorney
  • Legal Services
  • Before You File
  • Where to File
  • After You File
• Court Fees
  • Bankruptcy Fee Schedule
  • Payment and Waiver Information
• Filing Requirements
  • Adversary Proceeding
  • Chapter 7
  • Chapter 11
  • Chapter 12
  • Chapter 13
  • Chapter 15
  • Involuntary Petition
  • Pleadings
  • Emergency Filings & Motions
• Frequently Asked Questions (FAQs)

Chapter 7 Filing Requirements

Often called the 'liquidation chapter,' Chapter 7 is used by individuals, partnerships, or corporations who have no hope for repairing their financial situation. In Chapter 7, the debtor's estate is liquidated under the rules of the Bankruptcy Code. Liquidation is the process through which the debtor's non-exempt property is sold for cash by a trustee and the cash is distributed to creditors.

Credit Counseling
Credit Counseling must be obtained prior to filing Bankruptcy. EXHIBIT D TO OFFICIAL FORM B 1 MUST BE FILED WITH THE BANKRUPTCY PETITION by each individual debtor.

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):
    • B 1: Voluntary Petition (Official Form)
      * Signatures of debtor(s) and attorney are required at the time of filing
    • Exhibit D: Individual Debtor's Statement of Compliance with Credit Counseling Requirement (Official Form B 1 – Exhibit D)
      * Required at filing with Voluntary Petition or within 14 days.
      * If applicable, a 109(h)(3) certification and motion or a 109(h)(4) request must be filed WITH the petition. (If debtor is an individual)
    • B 21: Statement of Social Security Number (Official Form)
      * Required at time of filing (If debtor is an individual)
    • B 280: Disclosure of Compensation of Bankruptcy Petition Preparer (Procedural Form)
    • B 19: Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer (Official Form)
      * Required only if Filed by Non-Attorney Bankruptcy Petition Preparer
  • 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
  • $306 Filing Fee
    * E-Filers: Payment must be made electronically with a credit or debit card
    * Pro Se: Payment must be made by Money Order, Cashier’s Check or Cash

    - Exact change is required
    - No Personal checks from debtors are accepted

  • B 3A: Application and Order to Pay 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).
    See also: Guidelines for Application to Pay Filing Fee in Installments
  • B 3B: Application for Waiver of Chapter 7 Filing Fee
    * Required only if requesting waiver of fees (Debtor must be an individual)
    See also: Instructions for Application for Waiver of Chapter 7 Filing Fee
• Documents Required with the Voluntary Petition or within 14 Days of Filing
  • B 201A: Notice to Individual Consumer Debtor Under §342(b) of the Bankruptcy Code (Procedural Form)
  • B6: Summary of Schedules (Official Form)
    * If debtor is an individual, complete the included Statistical Summary of Certain Liabilities
  • B 6A: Schedule A - Real Property (Official Form)
  • B 6B: Schedule B - Personal Property (Official Form)
  • B 6C: Schedule C - Property Claimed as Exempt (Official Form)
  • B 6D: Schedule D - Creditors Holding Secured Claims (Official Form)
  • B 6E: Schedule E - Creditors Holding Unsecured Priority Claims (Official Form)
  • B 6F: Schedule F - Creditors Holding Unsecured Nonpriority Claims (Official Form)
  • B 6G: Schedule G - Executory Contracts and Unexpired Leases (Official Form)
  • B 6H: Schedule H - Codebtors (Official Form)
  • B 6I: Schedule I – Current Income of Individual Debtor(s) (Official Form)
  • B 6J: Schedule J - Current Expenditures of Individual Debtor(s) (Official Form)
  • B 6: Declaration Concerning Debtor’s Schedules (Official Form)
  • B 7: Statement of Financial Affairs (Official Form)
  • B  203: Disclosure of Compensation of Attorney for Debtor(s) (Procedural Form)
  • Verification of Creditor Matrix and list of creditors (Creditor Matrix Example)
  • B 22A: Statement of Current Monthly Income and Means Test Calculation (Official Form)
    *Required (If debtor is an individual)
  • Declaration Re: Electronic Filing of Petition
    * Required (If E-Filed only)
  • B 19: Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer (Official Form)
    * Required (If Filed by Non-Attorney Bankruptcy Petition Preparer)
• Documents due 7 days before the date first set for the §341 Meeting of Creditors
  • Federal Income Tax Return copy or Transcript
    Request a copy of your tax return from the IRS (external link)
    Note: Provide to the trustee for the most recent tax year ending before filing.
• Documents due within 30 days or by the date first set for the §341 Meeting of Creditors, whichever is earlier
  • B 8: Chapter 7 Individual Debtor’s Statement of Intention (Official Form)
    * Required (if debtor is an individual)
• Documents due before the discharge is granted (Must be filed within 45 days after the §341 Meeting of Creditors)
  • B 23: Debtor's Certification of Completion of Instructional Course Concerning Financial Management (Official Form)
    * Required (if debtor is an individual)