Before you file
What documents do you need to file bankruptcy?
The documents needed to file bankruptcy start with the information for the forms: a list of every creditor and what you owe, your income, all of your property, and your monthly living expenses. On the first day you also file the petition, a statement about your Social Security number, the fee or a request to pay in installments or have it waived, a list of creditors and your credit counseling certificate. The trustee then gets your most recent federal tax return or a transcript, pay records and bank statements.1 2 3 4 5
Get the Pro Se GuideThe documents needed to file bankruptcy come in layers: what you file on the first day, the information the forms ask for, and the records the trustee reviews. Here is each layer, who receives it, and the deadlines that can end a case if they are missed.
General information, not legal advice. Rules and amounts change; check with a lawyer or the court before you act.
In this guide
What do you file on the day you open the case?
An individual opens a case with a short stack of papers. The rest can follow, but not by much, as the deadline section below explains.2 3
| Document | What it is |
|---|---|
| Form 1012 | The voluntary petition that opens the case |
| Form 1212 | The statement about your Social Security number; the public sees only the last four digits |
| Filing fee, or Form 103A or Form 103B2 6 7 8 | Fees effective December 1, 2023 total $338 in Chapter 7 and $313 in Chapter 13. Form 103A asks to pay in installments; Form 103B asks to waive the Chapter 7 fee |
| List of creditors2 9 | Names and addresses of everyone you owe, in the format your court requires |
| Credit counseling certificate2 1 10 | Proof of counseling from an approved agency within the 180 days before filing |
Chapter 7 filers with secured debts, such as a car loan, also file a statement of intention saying what they will do with that property, within 30 days after filing or by the meeting of creditors, whichever is earlier. Chapter 13 filers propose a repayment plan on the official plan form.9 11
What information do the bankruptcy forms ask for?
Along with the petition, you file schedules of your assets and liabilities, your current income and spending, a statement of financial affairs, and contracts and leases that are still running. The information you need falls into four kinds.1
- The source, amount and frequency of your income. Pay stubs, benefit letters and business records show this.1
- All of your property. Titles, deeds, account statements and insurance policies help you list it and estimate what it is worth.1
- A detailed list of monthly living expenses, such as food, clothing, housing, utilities, taxes, transportation and medicine.1
If you are married, gather the same information for your spouse even if only one of you files, so the court, the trustee and creditors can see the household's finances.1
Which documents go to the court, and which go to the trustee?
Some records are filed with the court. Others are sent to the trustee, the person appointed to review your case. A trustee can ask for more than what is listed here, and the federal courts say it is important to provide what the trustee requests.1 4
| Document | Goes to | When |
|---|---|---|
| Evidence of payment from employers, if any1 8 | The court | Covers pay received in the 60 days before filing |
| Statement of monthly net income and any expected change in income or expenses1 8 | The court | Filed in the case |
| Record of any interest in a qualified education or tuition savings account1 8 | The court | Filed in the case |
| Most recent federal income tax return, or a transcript of it3 1 | The trustee | No later than 7 days before the date first set for the meeting of creditors |
| Photo ID, proof of Social Security number, recent pay advice and statements for bank and investment accounts4 5 | The trustee | At least 14 days before the 341 meeting, or when the trustee asks |
How far back do your income records need to go?
The means test works from your current monthly income, which the law defines as your average monthly income from all sources over the 6 calendar months before you file. Gathering pay records for that whole period lets you calculate the figure and back it up.1 14
The average counts income whether or not it is taxable, including regular contributions others make to household expenses, but not Social Security benefits.1 14
The account statements the trustee asks for must cover the period that includes the date you file, so plan to pull fresh statements close to your filing date.4 5
Which tax returns do you need, and what if you cannot find them?
In every case the trustee needs your federal return for the most recent tax year, or a transcript of it, no later than 7 days before the date first set for the meeting of creditors. If it does not arrive in time, the court must dismiss the case unless you show the failure was beyond your control.3 1
Chapter 13 asks for more. The IRS says a person considering Chapter 13 must have filed all required returns for tax periods ending within four years of the filing, and must keep filing returns during the case.15
A transcript is acceptable in place of a copy of the return. The IRS provides transcripts online through an IRS Individual Online Account or by mail, and a transcript requested by mail arrives in 5 to 10 calendar days, so do not leave this to the last week.3 1 16
For other records that do not exist or that you do not have, the U.S. Trustee Program asks for a written statement saying so.4 5
What happens if documents are missing after you file?
The law gives individuals a firm deadline. If you do not file all of the required information within 45 days after filing the petition, the case is automatically dismissed effective on the 46th day. If you ask within those 45 days, the court may allow up to 45 more days when it finds the extension justified.3
Check the counseling certificate twice. A case may be dismissed if credit counseling was not completed before filing, and only agencies approved by the U.S. Trustee Program count.17 18
Where should you start?
Start with the records other people control, because they take the longest: pay records from your employer, statements from your bank, your credit reports and a tax transcript from the IRS. Then write out your creditors and your property from your own files. Accuracy matters more than speed. The federal courts warn that mistakes in the process can affect your rights, and at the meeting of creditors you answer questions under oath about the paperwork you filed.12 13 16 19 4
Common questions
How many years of tax returns do I need to file bankruptcy?
In every case the trustee needs the federal return, or a transcript, for the most recent tax year. In Chapter 13, the IRS says all required returns for tax periods ending within four years of the filing must have been filed.3 1 15
Do I need my spouse's records if my spouse is not filing?
Yes. When only one spouse files, the other spouse's income and expenses are still required so the court, the trustee and creditors can evaluate the household's finances.1
Sources
Official courts & government references- Chapter 7 - Bankruptcy Basics (uscourts.gov)
- Instructions: Bankruptcy Forms for Individuals (uscourts.gov)
- 11 U.S. Code § 521(e)(2) (Cornell LII)
- U.S. Trustee Program: Section 341 Meeting of Creditors (justice.gov)
- Rule 4002. Debtor's Duties, Federal Rules of Bankruptcy Procedure (Cornell LII)
- 28 U.S. Code § 1930 (Cornell LII)
- Bankruptcy Court Miscellaneous Fee Schedule (uscourts.gov)
- Chapter 13 - Bankruptcy Basics
- Instructions: Bankruptcy Forms for Individuals, rev. April 2025 (uscourts.gov)
- 11 U.S. Code § 109(h)(1) (Cornell LII)
- Bankruptcy Forms (uscourts.gov)
- CFPB: How do I get a free copy of my credit reports?
- Fixing Your Credit FAQs (FTC Consumer Advice)
- 11 U.S. Code § 101(10A) (Cornell LII)
- Declaring bankruptcy (irs.gov)
- Get your tax records and transcripts (irs.gov)
- U.S. Trustee Program: Credit Counseling & Debtor Education Information
- U.S. Trustee Program: List of Credit Counseling Agencies Approved Pursuant to 11 U.S.C. 111
- Filing Without an Attorney