A Chapter 13 petition is a package, not a single form. To open a case you file the voluntary petition, a full set of financial schedules, the means-test forms, a statement of financial affairs, a proposed repayment plan, a credit counseling certificate, and the supporting records that back up your numbers. The Chapter 13 forms and documents below are the ones the court expects to see either with the petition or within the short deadlines that follow it.
The Voluntary Petition and Financial Schedules
The package opens with the Voluntary Petition for Individuals Filing for Bankruptcy, Official Form 101.1United States Courts. Voluntary Petition for Individuals Filing for Bankruptcy It identifies you, establishes which court has jurisdiction, and gives initial estimates of your total assets and liabilities. Filing it is what triggers the automatic stay that stops most lawsuits, wage garnishments, foreclosure proceedings, and collection calls.2Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
The petition is filed alongside a set of schedules that break your finances into categories:
- Schedule A/B lists every asset you own or have an interest in, from real estate and vehicles to bank accounts, household goods, and investments.3United States Courts. Schedule A/B – Property (Individuals)
- Schedule C identifies which assets you claim as exempt under federal or state law. Retirement protections are claimed here: 401(k)s, pensions, and other employer-sponsored plans have unlimited federal protection, and traditional and Roth IRAs are exempt up to a combined $1,711,975 per person.4Office of the Law Revision Counsel. 11 USC 522 – Exemptions
- Schedule D covers debts tied to collateral, such as a mortgage or car loan.
- Schedule E/F lists priority debts like recent taxes and domestic support obligations, along with general unsecured debts like credit cards and medical bills.5Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1007 – Lists, Schedules, Statements, and Other Documents; Time to File
- Schedules I and J show your monthly income and living expenses. The difference between them is what the court looks at when deciding whether your proposed plan is feasible.
Income Testing Forms
You also complete the Statement of Your Current Monthly Income and Calculation of Commitment Period, Form 122C-1.6United States Department of Justice. Means Testing It averages all income you received during the six months before filing, whether or not taxable.7Legal Information Institute. 11 USC 101(10A) – Current Monthly Income Definition The result determines how long your plan must run. If your annualized income falls below your state’s median for a household of your size, the minimum plan length is three years; at or above the median, the minimum is five years, and no plan runs longer than that.8Office of the Law Revision Counsel. 11 USC 1325 – Confirmation of Plan
Above-median filers also complete Form 122C-2, which uses IRS expense standards to calculate disposable income. That disposable income figure sets the floor for what your plan must pay unsecured creditors each month. Below-median filers skip Form 122C-2.
Statement of Financial Affairs
Form 107, the Statement of Financial Affairs for Individuals Filing for Bankruptcy, is a detailed history of your financial life in the years before filing.9United States Courts. Statement of Financial Affairs for Individuals Filing for Bankruptcy It asks for income sources in the current and two prior calendar years, payments to creditors in the months before filing, property transfers, lawsuits, garnishments, and gifts.10United States Courts. Official Form 107 – Statement of Financial Affairs for Individuals Filing for Bankruptcy Trustees read this form closely for signs of preferential payments or hidden assets, so completeness matters here as much as anywhere in the package.
The Chapter 13 Repayment Plan
The repayment plan is the centerpiece of the case. You file it on Official Form 113 either with the petition or within 14 days afterward.11Legal Information Institute. Rule 3015 – Chapter 12 or 13, Time to File a Plan Courts rarely extend that deadline, and missing it can result in dismissal.
The plan has to address several mandatory elements under the Bankruptcy Code:12Office of the Law Revision Counsel. 11 USC 1322 – Contents of Plan
- Priority claims, including domestic support obligations and most recent tax debts, must be paid in full unless the creditor agrees otherwise.
- For each secured debt, the plan states whether you will keep current on payments and cure any arrearage, modify the loan where allowed, or surrender the collateral.
- The plan states what percentage unsecured creditors will receive. Above-median debtors must commit all projected disposable income for the applicable commitment period.
- The plan specifies the monthly payment amount and whether it comes through payroll deduction or direct payment to the trustee.
Form 113 also asks you to disclose whether the plan limits a secured claim to collateral value, avoids any judicial liens, or contains nonstandard provisions. The trustee typically takes a commission of roughly 7 to 10 percent on plan payments as administrative overhead, so build that into your payment math.
Credit Counseling Certificate
Every individual filer has to complete a credit counseling briefing from a nonprofit agency approved by the U.S. Trustee Program before filing.13Office of the Law Revision Counsel. 11 USC 109 – Who May Be a Debtor The briefing must have occurred within the 180 days before your petition date. Sessions completed earlier than that will not count. The briefing can be taken by phone or online, and the agency issues a certificate of completion that you file with your petition.14United States Courts. Credit Counseling and Debtor Education Courses If the agency prepared a debt repayment plan during the session, file that with the certificate.
The only exception to filing the certificate with the petition is genuinely exigent circumstances: if you requested counseling but could not get it within seven days, the court may grant a temporary exemption and give you up to 30 days, or 45 days for cause, to complete the requirement.13Office of the Law Revision Counsel. 11 USC 109 – Who May Be a Debtor This pre-filing certificate is not the same document as the post-filing debtor education certificate (Form 423) that you file later to obtain your discharge.14United States Courts. Credit Counseling and Debtor Education Courses
Supporting Documents to Gather
The schedules and forms capture what you report; the court and trustee want proof behind the numbers. Pulling these records before you start filling out forms saves significant time.
Pay stubs. Provide copies of all payment advices received from any employer within 60 days before filing.15United States Courts. Chapter 13 – Bankruptcy Basics Self-employed filers should prepare profit-and-loss statements covering the same period. If pay stubs are unavailable, some courts accept a certification explaining why, along with alternative evidence like bank deposit records.
Federal tax return. You must provide the Chapter 13 trustee with a copy of your federal income tax return or transcript for the most recent tax year ending before the case began, no later than seven days before the first scheduled meeting of creditors.16Office of the Law Revision Counsel. 11 USC 521 – Debtors Duties Any returns that come due during the case must also be filed and provided to the trustee.
Asset and liability records. Gather recent bank statements (usually two to three months), deeds or title certificates for real property and vehicles, and current loan statements for mortgages, car loans, and other secured debts. These verify the values and balances you report on Schedules A/B and D.
Creditor matrix. Most courts require a complete list of every creditor’s name, mailing address, and account number. The court uses this matrix to notify all parties about the bankruptcy filing. Pulling a current statement from every creditor is the surest way to avoid leaving someone off, which can create problems later if an omitted creditor claims its debt should survive the case.
Attorney Fee Disclosure and Signatures
If you have an attorney, they file the Disclosure of Compensation of Attorney for Debtor, Form 2030, with the court.17United States Courts. Disclosure of Compensation of Attorney for Debtor (Official Form B 2030) It details how much the attorney has already been paid and how much is left to be paid, often through the plan itself. The court reviews the disclosure to check that the fees are reasonable.
Every form and schedule in the package is signed under penalty of perjury. That signature is a legal declaration that everything you reported is true and complete to the best of your knowledge. Inaccurate or incomplete filings can lead to case dismissal, denial of discharge, or in extreme cases criminal prosecution.
Filing Fee and How to File
The petition package is filed with the U.S. Bankruptcy Court in the district where you live. The statutory filing fee is $235, and an administrative fee brings the total to $313.18Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees The fee cannot be waived in Chapter 13, but if you cannot pay it all upfront you can file an Application to Pay the Filing Fee in Installments, Form 103A. The court can split the fee into up to four payments, with the final installment due within 120 days of filing. The court may extend that deadline to 180 days for cause.19Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee
Most courts use the CM/ECF electronic filing system, and many require attorneys to file electronically. Some courts allow in-person or mail filing, particularly for people representing themselves. Check your local court’s procedures before filing day.
Emergency Skeleton Filing
If you face an imminent foreclosure sale, garnishment, or other emergency that cannot wait for a complete package, you can usually file a bare-minimum skeleton petition to trigger the automatic stay. At a minimum that typically means the voluntary petition (Form 101), a list of creditor names and addresses, the credit counseling certificate, and your Social Security number statement (Form 121). You then have 14 days to file all remaining schedules, statements, and supporting documents.5Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1007 – Lists, Schedules, Statements, and Other Documents; Time to File Missing that 14-day deadline is one of the fastest ways to get a case dismissed.