Petition

How it works

In a voluntary case the debtor files the petition. In an involuntary case creditors file it. Spouses can file a single joint petition. 1 2

A Chapter 7 case begins when the debtor files the petition with the bankruptcy court serving the area where the individual lives. In a voluntary case, that start is itself the order for relief, and filing triggers the automatic stay, which stops most collection actions. 3 1

The petition does not travel alone. The debtor must also file schedules of assets and liabilities, a schedule of current income and expenditures, a statement of financial affairs and a schedule of executory contracts and unexpired leases, along with a list of creditors. 3 4

Before filing, nearly every individual must get credit counseling from an approved agency within the 180 days before the petition. With the court's permission, individual Chapter 7 filers may pay the court fees in installments, and the court may waive the fees for filers with low income who cannot pay even in installments. 5