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.

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 (kept by the court) PLUS ONE (1) COPY (if filer would like to keep a copy)
If filer does not want a full copy, only bring the original for the court.
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):
    • 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
      
    • 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
  • 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
  • $338 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).
    See also: Guidelines for Application to Pay Filing Fee in Installments

  • 103B   Application to Have the Chapter 7 Filing Fee Waived
    * 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

  • 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)
  • 122A-1   Chapter 7 Statement of Your Current Monthly Income (Official Form)
    *Required (If debtor is an individual)
  • 122A-1Supp   Statement of Exemption from Presumption of Abuse Under §707(b)(2) (if applicable)
  • 122A-2   Chapter 7 Means Test Calculation
  • Declaration Re: Electronic Filing of Petition
    * Required (If E-Filed only)

• 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

  • 108   Statement of Intention for Individuals Filing Under Chapter 7 (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)

  • 423   Certification About a Financial Management Course
    * Required (if debtor is an individual)