California
San Francisco County, California
San Francisco County is assigned to the San Francisco Division of the Northern District of California under the court's own assignment rule. Which court a case may be filed in is decided separately, by 28 U.S.C. § 1408.
A bankruptcy case from San Francisco County, California is filed in the San Francisco Division of the Northern District of California, which covers San Francisco and San Mateo counties. The court's filing office handles the petition and all later documents. Venue itself turns on the 180 days before filing, so a recent move or a business elsewhere can change which district is correct.
Key points
- San Francisco County sits in the San Francisco Division of the Northern District of California, which also covers San Mateo County.
- Venue follows domicile, residence, principal place of business or principal assets over the greater part of the 180 days before filing (28 U.S.C. § 1408), not residence alone.
- The court states that an individual may file without an attorney, but clerk's office staff are prohibited from helping prepare the petition or schedules.
- Credit counseling must be completed within 180 days before filing, and Part 5 of the voluntary petition must be completed.
- Chapter 7 filing costs $245 plus a $78 administrative fee and a $15 trustee surcharge; Chapter 13 costs $235 plus $78.
If you live in San Francisco County and are close to filing, two sets of questions matter: where the case physically goes, and what this particular court expects from you. The federal Bankruptcy Code is identical in every county, so what is genuinely local here is the division, the Northern District's local rules and general orders, and California's own exemption and wage rules. This page covers those, and points you to the California pages for the state-law details.
Which bankruptcy court hears a case from San Francisco County?
San Francisco County, California is assigned to the San Francisco Division of the Northern District of California. The court states that it has four divisional offices and that the proper divisional office is determined by the debtor's county of residence, with San Francisco serving the counties of San Francisco and San Mateo. The other three divisions are Santa Rosa, Oakland and San Jose.
Residence is how the court routes you internally, but it is not the whole venue rule. Under 28 U.S.C. § 1408, a case may be commenced in the district where your domicile, residence, principal place of business in the United States, or principal assets in the United States were located for the 180 days immediately before filing, or for a longer portion of that period than in any other district. So a recent move into or out of San Francisco, or a business based in another district, can change the correct answer. A voluntary case begins when the petition is filed with the bankruptcy court (11 U.S.C. § 301).
- San Francisco Division: San Francisco and San Mateo counties
- Venue test: the greater part of the 180 days before filing
- Venue factors: domicile, residence, principal place of business, principal assets
What does this court require of someone filing without a lawyer?
The Northern District of California publishes a page specifically for individuals filing without an attorney, who it calls pro se debtors. It states that an individual, or married spouses filing jointly in the same case, may file without an attorney, and that doing so can be extremely difficult. It also says bankruptcy law can be complicated and that debtors should, if possible, obtain information or advice from an attorney or a legal aid service experienced in bankruptcy law.
Two limits are stated plainly. Clerk's office staff are prohibited from assisting with preparation of the voluntary petition, schedules or other documents, and deputy clerks cannot provide legal advice. And under Local Rule 9010-1(a), a corporation, partnership or any entity other than a natural person may not file in this district except through an attorney admitted to practice in the Northern District of California. The court also notes that failure to comply with the Code, the Federal Rules, the local rules, administrative procedures and general orders could result in dismissal of your case.
- Clerk's office staff cannot help prepare your petition or schedules, and cannot give legal advice
- Only a natural person may file pro se in this district (Local Rule 9010-1(a))
- Full access to CM/ECF is not available to the public; forms are not stocked at the divisional offices
What documents and certificates does the court expect up front?
The court states that bankruptcy law requires you to complete credit counseling within 180 days before you file, and that Part 5 of the voluntary petition — explaining your efforts to receive a briefing about credit counseling — must be completed. It points to the United States Trustee's list of approved agencies.
For an emergency filing, the court lists the minimum documents to begin an individual case: the voluntary petition, the Statement About Your Social Security Number, the Certificate of Credit Counseling, and the List of Creditors. Official Form 121 must be submitted at filing and must contain the full Social Security number; that form is not available to the public. Redacting personal identifiers is described as your responsibility, and the clerk's office will not review documents for compliance or redact them for you.
The Director's Form 2000 summarizes the required forms and fees. If a petition preparer prepares your documents, you must disclose that preparer on the petition and file Form 119.
- Credit counseling within 180 days before filing, plus Part 5 of the petition
- Emergency minimum: petition, Statement About Your Social Security Number, Certificate of Credit Counseling, List of Creditors
- Use only a minor's initials, the last four digits of account numbers, and the year of a date of birth
How does the meeting of creditors work in this district?
The meeting of creditors is federal. Under 11 U.S.C. § 341, the United States trustee convenes and presides at a meeting of creditors within a reasonable time after the order for relief, and the court may not preside at or attend it. In a Chapter 7 case the trustee must orally examine the debtor before the meeting concludes, to confirm you are aware of the consequences of seeking a discharge, including effects on credit history, your ability to file under a different chapter, the effect of a discharge, and the effect of reaffirming a debt.
What is local is the paperwork timing around it. Amended General Order 32 directs that payment advices are not filed with the court: a debtor satisfies 11 U.S.C. § 521(a)(1)(B)(iv) by providing them directly to the trustee at least seven days before the first date set for the § 341 meeting, using the court's Statement Re Payment Advices form. The court also states you must submit the previous year's tax returns to the case trustee not later than seven days before that first date, and that failure may result in dismissal.
- Pay stubs go to the trustee, not the court (Amended General Order 32)
- Payment advices and prior-year tax returns: at least seven days before the first § 341 date
- If pay stubs are unavailable, a certification explaining why may be provided instead
What local rules and orders change the process here?
Several Northern District items shape a consumer case. General Order 35 states that the court adopted a Local Form Chapter 13 plan that shall be used in all Chapter 13 cases filed on or after December 1, 2017, and all cases converted to Chapter 13 on or after that date. That order also keeps the existing divisional guidelines for payment of Chapter 13 attorney's fees in effect, and provides that the San Francisco fee guidelines also apply to such Chapter 13 cases heard in Santa Rosa and McKinleyville.
The court publishes district-wide Guidelines for Payment of Attorney's Fees in Chapter 13 Cases, effective for cases filed on or after November 1, 2023. Those guidelines set presumptively reasonable fee amounts that can be approved without a detailed fee application, provided counsel has filed an executed copy of the Rights and Responsibilities of Chapter 13 Debtors and Their Attorneys and no unresolved objection has been raised.
Local Rule 2002-2 applies to you directly: a pro se party whose address changes while appearing must promptly file and serve a Notice of Change of Address in all open cases.
- Mandatory Local Form Chapter 13 plan (General Order 35)
- District-wide Chapter 13 fee guidelines effective for cases filed on or after 11/01/2023
- Pro se address changes: BLR 2002-2 requires prompt filing and service
What does it cost to file, and can the fee be waived?
The federal fees are the same in every district. A Chapter 7 individual or joint case carries a $245 filing fee (28 U.S.C. § 1930(a)(1)(A), (f)(1)), plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8, effective December 1, 2023) and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Item 9). A Chapter 13 case carries a $235 filing fee (28 U.S.C. § 1930(a)(1)(B)) plus the same $78 administrative fee.
How you pay is local. The court states that debtors may not pay by cash, personal check, credit or debit card; the only acceptable forms are money orders and cashier's checks made payable to "Clerk, U.S. Bankruptcy Court," in the exact amount, and the clerk's office does not make change.
On relief from the fee, the court states that in a Chapter 7 case voluntarily filed by an individual, if income is less than 150% of the federal poverty level for the debtor's family size and the debtor is unable to pay in installments, the court may waive payment. An individual filing under any chapter who cannot pay the full fee at filing may apply to pay in installments.
| Item | Chapter 7 | Chapter 13 |
|---|---|---|
| Statutory filing fee | $245 | $235 |
| Administrative fee | $78 | $78 |
| Trustee surcharge | $15 | Not applicable |
Which California questions should you settle before filing?
Three state-law questions do most of the work in a California case, and they are decided by California statutes rather than by anything the Northern District does.
First, which exemption list applies. California offers two sets, and the alternative bankruptcy-only set at Cal. Civ. Proc. Code § 703.140(b) is available only if you choose it; its amounts, such as $8,625 in aggregate motor-vehicle interest (Cal. Civ. Proc. Code § 703.140(b)(2); Form EJ-156, effective April 1, 2025), do not apply if you use the Article 3 set instead. Second, the homestead. The Article 4 homestead at Cal. Civ. Proc. Code § 704.730 uses a formula tied to the prior year's countywide median single-family-home sale price, within an adjusted floor and ceiling, so the figure is county-specific and we do not assert a single statewide amount. Third, wage and benefit protection.
We cover each of these in detail on the California pages rather than restating them here.
- Which list: Article 3 (§ 704 series) or the alternative bankruptcy set at § 703.140(b)
- Homestead: a county-median formula under Cal. Civ. Proc. Code § 704.730, not a flat statewide number
- Wage protection and garnishment limits, which operate before and during a case
Where can a San Francisco County resident get help?
The court itself points outward for substantive help. Its pro se page states that debtors should, if possible, obtain information or advice from an attorney or a legal aid service experienced in bankruptcy law, and its FAQ says that for information about attorney referral programs you should contact a local bar association. It also directs filers to a web page developed by the Bankruptcy Judges Advisory Group for individuals thinking about filing without an attorney, with links and videos covering Bankruptcy Basics, credit counseling, legal services, foreclosures and petition preparers. The court lists Pro Se/Pro Bono Services among its quick links.
On this site, Arthur, the Bankruptcy.law AI Navigator, can walk through your situation and build a roadmap you can keep. He explains and organises; he does not give legal advice or decide your case. If you want to speak to a bankruptcy firm, you can ask for an introduction to a firm serving your area, and we will tell you what we can and cannot do before anything is sent.
- The court's own page: contact a local bar association about attorney referral programs
- Approved credit counseling agencies are listed by the Office of the United States Trustee
- Documents and full case information are publicly viewable through PACER
Frequently asked questions
- Do I file in San Francisco if I just moved here?
- Not necessarily. Venue under 28 U.S.C. § 1408 looks at where your domicile, residence, principal place of business or principal assets sat for the 180 days before filing, or for a longer portion of that period than any other district. A very recent move can leave the correct district elsewhere. The division within the Northern District, by contrast, is set by county of residence.
- Can I pay the filing fee with a credit card at the counter?
- No. The court states that debtors may not pay fees by cash, personal check, credit or debit card. The only acceptable forms are money orders and cashier's checks made payable to "Clerk, U.S. Bankruptcy Court," in the exact amount of the required payment, and the clerk's office does not make change. Fee waiver and installment applications are separate procedures.
- Where do my pay stubs go?
- To the trustee, not the court. Amended General Order 32 directs that payment advices are not filed with the court, and that a debtor satisfies the § 521(a)(1)(B)(iv) requirement by providing them directly to the trustee at least seven days before the first date set for the § 341 meeting. If they are unavailable, a certification explaining why, with an estimate and other evidence, may be provided instead.
- Will a judge be at my meeting of creditors?
- No. Under 11 U.S.C. § 341, the United States trustee convenes and presides at the meeting, and the court may not preside at or attend it. In a Chapter 7 case the trustee must orally examine you before the meeting concludes about the consequences of seeking a discharge, your ability to file under a different chapter, and the effect of reaffirming a debt.
- Is there a required Chapter 13 plan form in this district?
- Yes. General Order 35 states that the Northern District of California adopted a Local Form Chapter 13 plan that shall be used in all Chapter 13 cases filed on or after December 1, 2017, and all bankruptcy cases converted to Chapter 13 on or after that date. The order also keeps the divisional attorney fee guidelines in effect for those cases.
- Can my small business file without a lawyer here?
- Not as an entity. Under Local Rule 9010-1(a), a corporation, partnership, or any entity other than a natural person may not file a bankruptcy case in the Northern District of California except through an attorney admitted to practice in the United States District Court for the Northern District of California. An individual, or married spouses filing jointly, may file without an attorney.
Sources
- U.S. Bankruptcy Court, N.D. Cal. — "Where do I file my bankruptcy petition and other documents?" (San Francisco Division: San Francisco and San Mateo)
- 28 U.S.C. § 1408
- 11 U.S.C. § 301
- 11 U.S.C. § 341 · official source
- 11 U.S.C. § 521 · official source
- CANB official page — Filing a Bankruptcy Case for an Individual Without an Attorney | United States Bankruptcy Court
- CANB official page — Filing without an Attorney | United States Bankruptcy Court
- CANB General Order 32
- CANB General Order 35
- CANB official material — Guidelines for Payment of Attorney's Fees in Chapter 13 Cases
- CANB official material — Statement Re Payment Advices
- N.D. Cal. BLR 2002-2
- CANB official page — Locations Map | United States Bankruptcy Court
- Bankruptcy Court Miscellaneous Fee Schedule, Item 8
- Bankruptcy Court Miscellaneous Fee Schedule, Item 9
- 28 U.S.C. § 1930(a)(1)(A), (f)(1) · official source
- 28 U.S.C. § 1930(a)(1)(B) · official source
- Cal. Civ. Proc. Code § 703.140(b)(2); Form EJ-156
- Cal. Civ. Proc. Code § 704.730
By Antonio G. Jimenez, Esq. · Florida Bar No. 21022
Sources verified October 9, 2026 · How we verify
Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.
Related
The court San Francisco County is assigned to
San Francisco Division, Northern District of California (canb)
Bankruptcy venue is governed by 28 U.S.C. § 1408, not by county alone. It can rest on domicile, residence, a principal place of business, or principal assets in the United States, measured over the 180 days before filing — so a recent move can change which district is available. Confirm venue before filing.
U.S. Bankruptcy Court, N.D. Cal. — "Where do I file my bankruptcy petition and other documents?" (San Francisco Division: San Francisco and San Mateo)
The Northern District of California in detail →Court source →
What it costs to file here
- Chapter 7 — total court charges at filing
- $338
- Chapter 13 — total court charges at filing
- $313
28 U.S.C. § 1930(a)(1)(B); Bankruptcy Court Miscellaneous Fee Schedule, Item 8
Court charges only. What a lawyer charges is separate and varies by district and by case. Estimate the full cost →
California median income
The means test compares household income to the published median for the same household size. Being above it is not a bar to filing. Compare your household →
What California law protects
This state has opted out of the federal exemption list for debtors whose applicable exemption law is this state's law. Which state's law applies is set by 11 U.S.C. § 522(b)(3)(A) from where the filer was domiciled before filing, not from where they live today — and § 522(b)(3) still allows the federal list where that domicile rule would otherwise leave a debtor with no exemptions at all.
Homestead
- Set by a test other than a dollar capCalifornia Article 4 homestead — annual county-median formula
- $36,750California § 703.140(b)(1) residence interest
More than one amount is current here — which applies depends on facts a lawyer would confirm.
Vehicle
- $8,625California § 703.140(b)(2) motor vehicles
Wildcard
- Set by a test other than a dollar capCalifornia § 703.140(b)(5) wildcard
Bankruptcy lawyers serving San Francisco County
No firm currently participates in San Francisco County. Tell Arthur what is happening and ask to be connected — the request reaches a person either way, and nothing is shared until you say so.
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