Before you file

Which bankruptcy forms do you have to file?

The bankruptcy forms an individual files start with the petition, Form 101, which opens the case. The schedules of property, debts, income and expenses (Form 106) and the Statement of Financial Affairs (Form 107) are due with the petition or within 14 days after it. Chapter 7 and Chapter 13 each add means test forms, and Chapter 13 adds a plan. The official forms are free, and many courts also require local forms.1 2 3 4 5 6 7

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A personal bankruptcy filing is a set of numbered official bankruptcy forms. Here is what each one is for, when it is due, which papers arrive after you file and where to get the current version.

General information, not legal advice. Rules and amounts change; check with a lawyer or the court before you act.

In this guide

Where do the forms come from, and must you use them?

The Official Bankruptcy Forms are approved by the Judicial Conference of the United States and must be used under Bankruptcy Rule 9009.1 2

They are free to the public on the federal courts' website. Individuals, married couples and sole proprietors use the forms numbered in the 100 series. The 200 series is for corporations, partnerships and LLCs.7

Many courts also require local forms, so check your own court's website before you file anything.7

What do you file on the day you open the case?

A small set of papers opens the case. Filing the petition is also what triggers the automatic stay.8

  • Form 101, the Voluntary Petition for Individuals Filing for Bankruptcy. This is the form that opens the case.1 2
  • Form 121, your statement about your Social Security number. The court shows the public only the last four digits.2
  • The filing fee, or an application on Form 103A to pay in installments, or on Form 103B to have the Chapter 7 fee waived.2
  • A list of the names and addresses of all your creditors.2
  • Your credit counseling certificate.2

What do the schedules cover?

The schedules are the heart of the filing: what you own, what you owe, what you earn and what you spend. They are due with the petition or within 14 days after it, and the case may be dismissed if they are not filed.2 3

The schedules an individual files
ScheduleOfficial formWhat goes on it
A/B: Property2Form 106A/BEverything you own or have a legal or equitable interest in
C: Exempt property2 9Form 106CThe property you claim as exempt. Exemptions are not automatic: property you leave off may be sold by the trustee
D: Secured creditors2Form 106DCreditors whose claims are secured by your property
E/F: Unsecured creditors2Form 106E/FEveryone with an unsecured claim against you
G: Contracts and leases2Form 106GYour ongoing leases and certain contracts
H: Codebtors2Form 106HAnyone else who may be responsible for one of your debts, such as a person who cosigned a car loan
I: Income2Form 106IYour employment and monthly income as of the date you file the form
J: Expenses2Form 106JAn estimate of your household's monthly expenses

List every creditor, including debts you dispute and debts you plan to keep paying. A debt that is not listed may not be discharged.2 10

What are the statements for?

The Statement of Financial Affairs, Form 107, looks backward. It is a summary of your financial history over certain periods before you filed, with questions about things such as your sources of income, transfers of property and lawsuits by creditors.2 8

The Statement of Intention, Form 108, is only for Chapter 7. You fill it out if a creditor has a claim secured by your property, or if you lease personal property. It tells the court and your creditors what you plan to do with that property.2 8

In Chapter 7 the statement of intention is due 30 days after filing or on the date of the meeting of creditors, whichever is earlier.11

Which forms depend on the chapter?

In Chapter 7, every filer completes Form 122A-1, the statement of current monthly income. The longer calculation, Form 122A-2, is filed only when that income is above the median family income for your state and household size. Form 122A-1Supp is for filers who claim an exemption from the presumption of abuse. Our guide to the means test forms walks through where those numbers come from.4 3

In Chapter 13, the matching forms are Form 122C-1 and Form 122C-2.4 3

Chapter 13 also needs the plan itself. You must use Form 113 unless your court has adopted its own local plan form, and the plan is due with the petition or within 14 days after it unless the court grants an extension.5 6

Which forms come after you file?

Some forms are not yours to fill in, or only come up if you take a particular step later.

  • The notice of your case. The court sends creditors a notice from the 309 series, such as Form 309A for many Chapter 7 cases filed by individuals or Form 309I for Chapter 13. It sets the meeting of creditors.12
  • A reaffirmation agreement, only if you choose to keep paying a debt such as a car loan. It is filed with Form 427, the cover sheet, and the reaffirmation documents on Form 2400A.8 12
  • Your debtor education certificate. Official Form 423 was abrogated effective December 1, 2024, so you file the certificate the course provider issued, unless the provider has notified the court.12 3
  • The discharge order. The clerk mails it to all creditors and to you. It does not list which debts it covers. In Chapter 13 it is Form 3180W.13 12

What if you make a mistake on a form?

You verify under penalty of perjury that what you put in the forms is complete and accurate. A false statement or concealed property in a bankruptcy case can lead to fines, imprisonment or both.2

An honest mistake can be fixed. You may amend the petition, a list, a schedule or a statement at any time before the case is closed, and you must give notice of the change to the trustee and to anyone it affects.14

Amending your schedules or lists of creditors costs $34 under the fee schedule effective December 1, 2023. The fee is not charged when the amendment only changes a creditor's address, and the judge may waive it for good cause.15

Common questions

Are bankruptcy forms the same in every state?

The official forms are national and must be used in every bankruptcy court. Many courts also require their own local forms, such as a local Chapter 13 plan form, so check your court's website.1 2 7 5 6

Can a petition preparer fill in the forms for me?

A preparer may only enter your information into the forms. Preparers may not give legal advice or explain answers to legal questions, and their own disclosure papers are Form 119 and Form 2800.16 7 12

Sources

Official courts & government references
  1. Voluntary Petition for Individuals Filing for Bankruptcy, Form B 101 (uscourts.gov)
  2. Instructions: Bankruptcy Forms for Individuals (uscourts.gov)
  3. Federal Rules of Bankruptcy Procedure, Rule 1007(c)(1) (Cornell LII)
  4. U.S. Trustee Program: Means Testing
  5. Federal Rules of Bankruptcy Procedure, Rule 3015(c)(1) (Cornell LII)
  6. Chapter 13 - Bankruptcy Basics (uscourts.gov)
  7. Filing Without an Attorney (uscourts.gov)
  8. Glossary of Legal Terms (uscourts.gov)
  9. Federal Rules of Bankruptcy Procedure, Rule 4003(a) (Cornell LII)
  10. U.S. Trustee Program: Bankruptcy Information Sheet
  11. 11 U.S. Code § 521(a)(2) (Cornell LII)
  12. Bankruptcy Forms (uscourts.gov)
  13. Discharge in Bankruptcy - Bankruptcy Basics (uscourts.gov)
  14. Federal Rules of Bankruptcy Procedure, Rule 1009(a)(1) (Cornell LII)
  15. Bankruptcy Court Miscellaneous Fee Schedule (uscourts.gov)
  16. 11 U.S. Code § 110(a)(1) (Cornell LII)

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