How do you file Chapter 7 without a lawyer (pro se), step by step?

Can you file Chapter 7 pro se, and who can use Chapter 7?

Individuals may file bankruptcy without an attorney, which is called filing pro se. A pro se filer is expected to follow the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and the local rules of the court where the case is filed, just as a lawyer would.1

Two rules decide whether Chapter 7 is open at all. The means test checks whether an individual's Chapter 7 filing is presumed to be an abuse; if it is, the case may be dismissed or converted, usually to Chapter 13. And a person who received a Chapter 7 discharge in a case filed within 8 years before the new petition cannot get another Chapter 7 discharge.8 9 10

What you keep depends on exemptions. Depending on state law, a filer may choose between the federal exemption list and state exemptions, or may be limited to state exemptions, and the federal courts warn that a Chapter 7 petition may result in the loss of property.11 12 2

What happens before filing?

These steps come first because the documents they produce are filed with the case.

1. Credit counseling. Nearly everyone who files as an individual must first get credit counseling from an approved agency within the 180 days before filing. The U.S. Trustee publishes the approved list by state and judicial district, and the agency issues the certificate that is filed with the case.2 3 13 14
2. Records. To complete the forms, the federal courts say a debtor must compile a list of all creditors and the amounts and nature of their claims, the source, amount and frequency of income, a list of all property, and a detailed list of monthly living expenses. Pay stubs from the 60 days before filing are part of what is filed.2 15 16
3. The court. A person must find out which bankruptcy court to file in, because it is important to file in the correct district within the state, and should check that court's website for local requirements. The federal courts' court finder is the official tool for both.14
4. The forms and instructions. Individuals use the forms numbered in the 100 series, free on the federal courts' website, where the instruction booklet for individual filers is also published.1 14

Which forms make up a Chapter 7 filing?

The official instructions list the forms an individual Chapter 7 filer files. Courts may add local forms.14 1

How is the case filed and paid for?

Papers are filed with the clerk in the district where the case belongs. A person without a lawyer may file electronically only if a court order or local rule allows it, so the court's website is the place to see how it accepts filings.17

Chapter 7 court fees come to $338 in total under the fee schedule effective December 1, 2023. With the court's permission, individuals may pay in no more than four installments, with the last one due within 120 days of filing. The court may waive the fees if the filer's income is below 150% of the poverty level and the filer cannot pay even in installments.6 7 2 15

Some forms are due on the day the case is opened and the rest then or within 14 days after the petition is filed. The official instructions say a case may be dismissed if they are not, and that filing the entire set at one time helps the case proceed smoothly.14

Filing the petition triggers the automatic stay, which stops most collection actions. The clerk gives notice of the case to all creditors whose names and addresses the debtor provides.8 2

What happens after filing?

Several duties follow the filing, each with its own date.

1. The statement of intention is due within 30 days after filing the petition or by the date set for the meeting of creditors, whichever is earlier, with copies delivered to the creditors and lessors listed on it.14
2. The trustee receives a copy of the most recent federal income tax return, or a transcript, at least 7 days before the first date set for the meeting of creditors.16
3. The meeting of creditors is held between 21 and 40 days after the petition is filed. It is not a court hearing and no judge is present. A trustee runs it, the debtor answers questions under oath, and almost all meetings are now held by Zoom.2 4
4. Debtors must provide government-issued photo ID and proof of their Social Security number for the meeting.4
5. The debtor education course is taken after filing, from an approved provider. Unless the provider has already notified the court, the certificate is due within 60 days after the first date set for the meeting of creditors. The older Form 423 used for this was abrogated effective December 1, 2024.5 18 19 20
6. In a typical case, the discharge order is issued about 60 to 90 days after the date first set for the meeting of creditors. The court grants it once the time to object has expired, unless something is pending or missing, such as an unpaid filing fee or the course certificate.2 19

What if something unexpected happens?

Not every case stays on this track. A trustee or creditor may object to a claimed exemption, generally within 30 days after the meeting of creditors concludes. A complaint objecting to the discharge must be filed within 60 days after the first date set for the meeting.8 21 19 22 10

A motion or a complaint against a filer is a dispute before a judge, not another form. The federal courts say people who cannot afford an attorney may qualify for free legal services.8 1 14 23