To file a bankruptcy petition, you compile a detailed picture of your debts, income, assets, and expenses; complete a required credit counseling course within the previous 180 days; fill out Official Form 101 along with its supporting schedules; and submit the package to the federal bankruptcy court for your district with the filing fee. The moment the clerk accepts your petition, your case is open and the automatic stay against creditors takes effect. The steps below walk through how to file a bankruptcy petition from preparation through the first court milestones.
Gather Your Financial Information First
The petition is only as good as the records behind it. Before you open a single form, pull together a complete list of every creditor you owe, with names, addresses, and current balances. That means secured debts like your mortgage and car loan as well as unsecured debts like credit cards, medical bills, and personal loans.
You also need your income for the six calendar months before you file. The Bankruptcy Code defines “current monthly income” as your average gross monthly income over that period, including regular contributions to household expenses from people who live with you. Social Security income is excluded.1United States Courts. Chapter 7 – Bankruptcy Basics This number drives the means test for Chapter 7 eligibility, so accuracy matters.
Then inventory everything you own: real estate, vehicles, bank accounts, household goods, investments, and any potential legal claims. Add a breakdown of your monthly living expenses, plus the information you will need for the Statement of Financial Affairs, which discloses recent activity such as payments to creditors, property transfers, lawsuits, and closed accounts.
Complete the Pre-Filing Credit Counseling Course
You cannot file until you have completed a credit counseling course from a nonprofit agency approved by the U.S. Department of Justice. The session must take place within 180 days before your filing date.2Office of the Law Revision Counsel. 11 U.S. Code 109 – Who May Be a Debtor Skip it or let the certificate expire and the court will dismiss your case.3U.S. Department of Justice. Credit Counseling and Debtor Education Information Limited exceptions exist for active-duty military in combat zones and people with documented incapacity.
Decide on Your Chapter and Run the Means Test
Most consumer filers choose between Chapter 7 (liquidation) and Chapter 13 (a three-to-five-year repayment plan). If you want Chapter 7, you have to pass the means test first.
The test compares your current monthly income to the median income for a household of your size in your state. Below the median, you pass automatically. Above it, you move to a second calculation that subtracts allowed living expenses from your income to find your monthly disposable income. Too much disposable income and you cannot use Chapter 7, though Chapter 13 may still be available. You complete this analysis on Official Form 122A-1.
Fill Out the Petition and Schedules
The Administrative Office of the U.S. Courts publishes the Official Forms every filer must use. The core document is Official Form 101, the Voluntary Petition for Individuals Filing for Bankruptcy, which collects your identifying information, the chapter you are filing under, and summary case details.4United States Courts. Voluntary Petition for Individuals Filing for Bankruptcy
The real substance lives in Schedules A through J. You transfer the financial data you gathered into these forms, each covering a different category:
- Schedule A/B: all property you own or have an interest in
- Schedule C: property you claim as exempt from creditors
- Schedule D: creditors who hold secured claims like mortgages or car liens
- Schedule E/F: creditors with priority and general unsecured claims
- Schedule I: your current income
- Schedule J: your current expenses
Your full Social Security number goes on Official Form 121, which is filed separately and kept off the public docket; every other document shows only the last four digits.5United States Bankruptcy Court. Official Form 121 Statement About Your Social Security Numbers
If you are filing under Chapter 13, you also submit a proposed repayment plan with your petition or within 14 days after filing.6United States Courts. Chapter 13 – Bankruptcy Basics The plan explains how you will repay some or all of your debts over three to five years, and the court must approve it before payments begin.
You sign everything under penalty of perjury. False statements on bankruptcy forms are a federal crime under 18 U.S.C. § 152, carrying fines and up to five years in prison.7Office of the Law Revision Counsel. 18 USC 152 – Concealment of Assets; False Oaths and Claims; Bribery Trustees are trained to spot inconsistencies, and an omitted creditor can mean that debt survives your discharge.
Pay the Filing Fee (or Apply to Defer or Waive It)
The court filing fee is $338 for Chapter 7 and $313 for Chapter 13. These totals include the statutory filing fee under 28 U.S.C. § 1930 and an administrative fee set by the Judicial Conference.8Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees9United States Courts. Bankruptcy Court Miscellaneous Fee Schedule
If paying all at once is not possible, you can apply to pay in installments. The court allows a maximum of four installments over 120 days, with a possible extension to 180 days for good cause.10Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee In Chapter 7 cases only, you can apply for a full fee waiver if your household income is below 150 percent of the federal poverty line.8Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees Chapter 13 filers have no fee waiver option.
Submit the Petition to the Bankruptcy Court
Attorneys and other legal professionals file electronically through the Case Management/Electronic Case Files (CM/ECF) system. If you file without an attorney, electronic access is not automatic. Most courts require pro se filers to submit paper documents at the clerk’s office, though some districts allow electronic filing by court order or local rule.11Office of the Law Revision Counsel. Federal Rules of Bankruptcy Procedure Part V – Courts and Clerks
Emergency Skeleton Petitions
If you need the automatic stay immediately, say to stop a foreclosure sale scheduled for tomorrow, you can file a bare-bones petition with only your basic information and a list of creditors. The protection kicks in right away, but you must file the remaining schedules and documents within 14 days or the court may close your case.12Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1007 – Lists, Schedules, Statements, and Other Documents; Time to File Missing the deadline wastes your filing fee and forces you to start over.
What Happens the Moment You File
Filing triggers the automatic stay under 11 U.S.C. § 362. The stay halts nearly all collection activity against you, including lawsuits, wage garnishment, debt collector calls, foreclosure proceedings, and repossession attempts.13Office of the Law Revision Counsel. 11 U.S. Code 362 – Automatic Stay It also freezes judgments already entered against you and blocks new liens on your property. The stay does not stop criminal proceedings, domestic support enforcement, most tax audits, or administrative actions against professional licenses. If you had a case dismissed within the past year, the stay may last only 30 days or not take effect at all.
The clerk assigns a case number and sends notice to every creditor you listed. The United States Trustee Program then appoints a private trustee to administer your case, review your filings, and verify your assets.14U.S. Department of Justice. Private Trustee Information
The 341 Meeting of Creditors
Your first court milestone is the Meeting of Creditors, known as the 341 meeting after the Bankruptcy Code section that requires it.15Office of the Law Revision Counsel. 11 USC 341 – Meetings of Creditors and Equity Security Holders In Chapter 7 cases the meeting takes place between 21 and 40 days after filing; Chapter 13 allows up to 50 days.16Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 2003 – Meeting of Creditors or Equity Security Holders You appear under oath and answer questions from the trustee and any creditors who show up. When the paperwork is in order, most meetings run 5 to 10 minutes. Missing it or refusing to cooperate gives the trustee grounds to seek dismissal.
At least seven days before the meeting, you must give the trustee a copy of your most recent federal tax return.17Office of the Law Revision Counsel. 11 U.S. Code 521 – Debtor’s Duties Fail to produce it and the Code requires the court to dismiss the case unless the failure was beyond your control. Have pay stubs and other income proof ready as well.
Finish the Debtor Education Course
A second course is required after you file. You must complete a debtor education course (sometimes called a financial management course) from an approved provider. In Chapter 7, you file Official Form 423 with the certificate of completion no later than 45 days after the date your 341 meeting was first scheduled. In Chapter 13, the deadline is the date you make your final plan payment.18United States Courts. Credit Counseling and Debtor Education Courses Miss the Chapter 7 deadline and the court may close your case without issuing a discharge, which then costs another filing fee and a motion to reopen.
The discharge order wiping out your personal liability for qualifying debts typically arrives about four months after filing in a Chapter 7 case.19United States Courts. Discharge in Bankruptcy – Bankruptcy Basics In Chapter 13, it comes after you complete the repayment plan.
What Filing Actually Costs
The filing fee is just one line on the bill. Expect the following for a typical consumer case:
- Court filing fee: $338 for Chapter 7 or $313 for Chapter 13.8Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees
- Credit counseling and debtor education: typically $10 to $50 per course, so $20 to $100 for both. Approved providers must offer reduced fees or waivers for people who cannot pay.
- Attorney fees: roughly $600 to $3,000 for a standard consumer Chapter 7, varying by region and complexity. Chapter 13 fees run higher because of the multi-year plan and additional court appearances.
Filing pro se is legal and saves the largest expense, but the learning curve is steep. Errors on schedules, missed deadlines, and improperly claimed exemptions can cost you property you could have protected, or dismiss the case entirely. For most filers, the attorney fee pays for itself in avoided mistakes.