You are here
Filing Checklist
Information for Filing a Chapter 7 or Chapter 13 Individual or Joint Petition
Use this checklist to be sure you have all the documents to proceed whether you are filing with or without an attorney.
Important Note: Before filing a petition, you must receive credit counseling briefing. See FAQ 29 for more information.
Have you read?
-
Bankruptcy Basics: Learn more about Bankruptcy by understanding the following: The Process; The Discharge in Bankruptcy; Chapter 7, Liquidation under the Bankruptcy Code; Chapter 13, Individual Debt Adjustment; Glossary of Bankruptcy Terms
-
Notice to Individual Consumer Debtor under Section 342 of the Bankruptcy Code: Click here.
-
Means Testing Information: What is the Chapter 7 Means Test?
Have you completed the following forms for filing?
-
Mailing List: A mailing list prepared following LBF 104 instructions.
-
Statement About Your Social Security Numbers: Official Form 121
-
Petition: Official Form 101
-
Attorney's Disclosure Statement: [if debtor is represented by an attorney]. For Chapter 13 use LBF 1305.
-
Individual Debtor’s Statement of Intention: Official Form 108 (Chapter 7 only)
-
Financial Review of Debtor's Non-Farming/Non-Fishing Business: LBF Exhibit D-2 (Chapter 13 only)
-
Financial Review of Debtor's Farming/Fishing Business: LBF Exhibit D-1 (Chapter 13 only)
-
Summary of Your Assets and Liabilities: Official Form 106 Summary
-
Schedules : Schedules A/B, C, D, E/F, G, H, I & J (Official Forms 106A-J)
-
Declaration About an Individual Debtor’s Schedules: Official Form 106 Declaration
-
Statement of Financial Affairs for Individuals Filing for Bankruptcy: Official Form 107
-
Statement of Your Current Monthly Income : For Chapter 7 use Official Form 122A-1. Completion of this form will determine whether Official Form 122A-2 or Official Form 122A-1Supp is also required. For Chapter 13 use Official Form 122C-1 . Completion of this form will determine whether Official Form 122C-2 is also required.
-
Certificate of Credit Counseling or Motion for Extension of Time/Exemption: LBF 100.3; required document to open a new case; case may be immediately dismissed if this is missing. A case number is not required to obtain the Credit Counseling Certificate.
-
Chapter 13 Plan: LBF 1300.24 (Chapter 13 only)
Have you obtained documents you will need to show or provide to the trustee after you file?
-
Federal income tax return: most recent copy
-
Pay Stubs: Copies of pay stubs from employer for 60-day period before filing of petition
-
Accounts: Copies of checking, savings, and investment accounts showing balances as of day of filing of petition
-
Statement of Your Current Monthly Income and Expenses: Documentation used to support Official Form 122A-1 (and Official Form 122A-2 if required) or Official Form 122C-1 (and Official Form 122C-2 if required) completed in prior step.
-
Picture ID: issued by a governmental unit or other personal identifying information
-
Evidence of your social security number: or written statement that documentation does not exist
Regarding the Filing Fee
-
Pay Filing Fees: Mail check or money order payable to “Clerk – U.S. Bankruptcy Court”, or file LBF 110 (Application to Pay in Installments) or Official Form 103B (Application for Waiver of Chapter 7 Filing Fee).
After receiving the notice for the Meeting of Creditors
-
Prepare for Meeting of Creditors: Read the notice for the Meeting of Creditors carefully for the date, time, and location of meeting and other important information
-
Mail tax return 7 days before meeting: Mail a copy of your federal income tax return to the case trustee so it is received no later than 7 days before the meeting
-
Pay Stubs within 14 days after filing: Mail copies of pay stubs to the U.S. Trustee (in a chapter 7 case) or the case trustee (in a chapter 13 case) within 14 days after filing the petition
-
Gather Documents: to bring to the Meeting of Creditors – picture ID, evidence of SSN, copies of checking, savings, and investment account statements, documentation used to support Official Form 122A-1 (and Official Form 122A-2 if required) or Official Form 122C-1 (and Official Form 122C-2 if required) completed in prior step.
-
Financial Management Course Certification: Complete the financial management course from an approved provider and file proof of completion with the Bankruptcy Court
