The following bankruptcy forms will be required whether you are filing Chapter 7 or 13 (unless otherwise indicated). You can obtain the forms for free from the U. S. Bankruptcy Court website.
- Voluntary Petition (Form B1): This is how a debtor “declares bankruptcy”, and this document is used to open your case. It includes basic information such as your name, address, marital status, co-debtors, type of bankruptcy being filed, and estimated amounts of both assets and liabilities.
- Filing Fee or Application to Pay Filing Fee in Installments (Form B 3A): To begin your bankruptcy case, a filing fee is due to the Court. If you can’t pay the fee when you file, you may apply to pay the fee in installments over a 120 day (approximately 6 month) period. You must indicate the dates and amounts of your payment proposal.
- Application For Waiver of Chapter 7 Filing Fee (Form B 3B): If you cannot pay the filing fee either in full when you are ready to file (or in installments), you may apply to have this fee waived. You must complete the form indicating your household income (both you and your spouse’s) and attach a copy of Schedule A and B, listing all your assets and personal property. You will also need to include a copy of Schedule J, outlining your monthly expenses. This option is available to those filing Chapter 7 only.
- Creditor Matrix: This is an alphabetical list of all your creditors. Every state or court has a specific way that they want this list structured, so check the requirements in your area. This information will be used to mail notices to each of your creditors, informing them of your bankruptcy filing.
- Statement of Social Security Number (Form B21): Simple form that lists the social security number(s) of all debtors actually filing for bankruptcy.
- Certificate of Credit Counseling: The law now requires you to take credit counseling before you are permitted to file for bankruptcy. The Court will need to see proof that you have met this requirement.
- Summary Of Schedules: You must complete all the other “schedule forms” first before filling in this one, even though it will appear first when submitted. Basically, it will summarize your debts, assets, number of pages submitted for each schedule, and other pertinent information.
- Schedule A – Real Property: This includes a listing of all secured property including description, address or location, value, as well as any co-debtors.
- Schedule B – Personal Property: This will include all your personal belongings (in list format) including valuable household items, jewelry, electronics, bank account balances, retirement funds, cars etc.
- Schedule C – Property Claimed Exempt: You must include the list of property from Schedule A and Schedule B as well as a list of your state’s bankruptcy exemptions, and the amount of exemption that you are claiming.
- Schedule D – Creditors Holding Secured Claims: Listing of all creditors that have secured claims against you including loans, liens, and garnishment of wages. You will be asked for the name and address of each creditor as well as a description of the property, property value, amount owing, and amount of equity.
- Schedule D – Creditors Holding Secured Claims: Listing of all creditors that have secured claims against you including loans, liens, and garnishment of wages. You will be asked for the name and address of each creditor as well as a description of the property, property value, amount owing, and amount of equity.
- Schedule F – Creditors Holding Unsecured Non-Priority Claims: This will include unsecured debts such as medical bills, utility bills, or credit card balances. Again, will you need to list the creditors name, address, amount of debt, when the debt was incurred, and the account number.
- Schedule G – Executory Contracts and Unexpired Leases: This is a list of any contracts or leases that you may currently hold, including car leases, real estate leases, or service contracts. You must provide the name and address of the company or person associated with the lease or contract, a description of the lease or contract, and the account number.
- Schedule H – Co-debtors: You must provide the courts with the name and address of co-debtors that are responsible for any debts that you have included in your bankruptcy filing.
- Schedule I – Current Income of Individual Debtor(s): You must include ALL forms of income for both yourself and your spouse (if applicable). You will be asked to provide employer information and proof of income.
- Schedule J – Current Expenditures of Individual Debtor(s): This form will include a list of all your household expenses such as mortgage, utilities, groceries, insurance, and even clothing or haircuts.
- Statement Of Financial Affairs ( B7): To complete this form, you will need your financial information from the last 3 years. You will be asked to provide a summary of your financial history for certain periods of time (which varies depending on the question) and give details about such things as your income, wage garnishments, repossessions, monetary gifts, pending lawsuits, previous addresses, etc.
How to File for Chapter 7 Bankruptcy
We did find this book, available in book or e-book format; it offers step-by-step guidance on completing the required paperwork to file and discharge a Chapter 7 bankruptcy so you can do it yourself.
- Statement of Current Monthly Income and Means Test Calculation (Form B 22A): This form is for those filing Chapter 7 bankruptcy only. You will be asked a series of question regarding your financial situation to determine if you are eligible for a Chapter 7 filing.
- Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (Form B 22C): This form is used for those filing under Chapter 13 to determine your amount of disposable income and set up a repayment plan.
- Debtor’s Statement Of Intention (Form B8): This form will let the court know what you intend to do with the secured properties listed in your bankruptcy. You will need to provide the creditors name, a description of the property securing debt, and an indication of whether you plan to surrender the property, claim the property as exempt, or reaffirm the property (continue making payments so you can keep it).
Talk With An Attorney
While it is possible to complete the bankruptcy forms and file on your own, it is advisable that you talk with an lawyer who is familiar with bankruptcy law. Some of the bankruptcy forms can be detailed and complicated, and it would be very helpful to seek the advice of someone who specializes in filing bankruptcy petitions. You can find a reputable attorney in your area to prepare the bankruptcy forms in accordance with the laws in your state.
Or you can check with your local bar association for a list of attorneys that practice in your area and who also specialize in filing bankruptcy petitions. Check your local yellow pages under either “Lawyers” or “Attorneys” as they frequently have listings by type of practice as well. A large number of attorneys will offer a free one-time consultation so that you can discuss the possibility of bankruptcy without obligation.
You can check with the American Bar Association Attorney Referral Service to locate an attorney in your area.
Also, ask your local bankruptcy attorney if they will review the bankruptcy forms you complete for accuracy and completeness and what they would charge you for that compared to doing all the bankruptcy forms themselves. Not to say they would do it, but you could get lucky.
Learn more:
Click here to read the Federal Laws & get free bankruptcy forms.
Do you need to consult an attorney when you want to file for personal bankruptcy?
The pros and cons of filing bankruptcy.
Go to the Bankruptcy Facts article list.
Top of Free Bankruptcy Forms