Is a statement of intention filed in a Chapter 13 case?

The requirement in 11 U.S.C. § 521(a)(2) is framed around a petition filed under chapter 7, and Official Form 108 is titled Statement of Intention for Individuals Filing Under Chapter 7. Other chapters have their own provisions for handling secured claims. Which forms a district expects in a given chapter is worth confirming with your local court's filing packet.

What happens if the statement is not filed on time?

That depends on the district. Section 521(a)(2)(A) allows the court, for cause and within the period, to fix additional time. In the Eastern District of Virginia the clerk issues a notice giving the debtor a choice between filing the statement or a motion to extend, and attending a hearing on why the case should not be dismissed (E.D. Va. LBR 1007-3).

Does checking "retain the property" mean the lender cannot take it?

No. The statement records what you intend to do; it does not change the creditor's lien. A discharge does not prevent a secured creditor from seizing collateral if payments are not kept up, and a valid lien that was not eliminated in the case may still be enforceable afterward (U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide).

Do exemption rules on the related schedule differ by state?

Yes. Under 11 U.S.C. § 522(b) an individual debtor may exempt property from the estate using either the federal list in subsection (d) or applicable federal, state, and local law — but only where the state whose law applies has not withdrawn the federal option. Because the answer turns on your state, check your state exemptions page rather than a national figure.

Glossary

Statement of Intention: What It Means in a Chapter 7 Case

A statement of intention is the form an individual debtor in a chapter 7 case files under 11 U.S.C. § 521(a)(2) to say what they intend to do with property of the estate that secures a debt — surrender it, redeem it, reaffirm the debt, or retain it and explain — and whether unexpired personal property leases will be assumed. It is filed on Official Form 108.

Key points

It is a chapter 7 requirement under 11 U.S.C. § 521(a)(2), not a form every individual bankruptcy debtor files.
Its subject is property of the estate that secures a debt, plus unexpired personal property leases — not real estate leases.
Section 521(a)(2) sets two deadlines: one to file the statement, and a second to carry the stated intention out.
Saying you will retain property does not remove a valid lien; a mortgage or car loan survives and stays enforceable.
Which exemptions you can claim on the related schedule depends on your state, so check your state page.

If you have just been handed a form called a Statement of Intention, it is asking one thing: what do you want to happen to the property that secures your debts. It is a chapter 7 form, it carries a short deadline, and it is far easier to answer once you know what the boxes actually mean.

What does a statement of intention say?

A statement of intention is a short filing in which an individual chapter 7 debtor tells the court, the trustee, and secured creditors what they plan to do with collateral. 11 U.S.C. § 521(a)(2) requires it when the debtor's schedule of assets and liabilities includes debts secured by property of the estate. Official Form 108 collects two things: each creditor holding a claim secured by your property, and each unexpired personal property lease. For every item of collateral the form offers four choices — surrender the property; retain it and redeem it; retain it and enter into a reaffirmation agreement; or retain it and explain. It asks separately whether you claimed that property as exempt on Schedule C. For leases it asks only whether the lease will be assumed, and it directs filers not to list real estate leases (U.S. Bankr. Ct. D. Alaska, The Forms Individuals and Married Couples Need to File Bankruptcy).

Why does it matter in a bankruptcy case?

This is where a case stops being paperwork and starts being about things you can touch — the car, the furniture, the house. Section 521(a)(2)(A) sets the filing deadline at 30 days after the petition is filed or on or before the date of the meeting of creditors, whichever is earlier, unless the court, for cause, fixes additional time within that period. Section 521(a)(2)(B) then sets a second deadline: performing the stated intention within 30 days after the first date set for the meeting of creditors, again subject to an extension for cause. Courts watch for it. In the Eastern District of Virginia the clerk monitors the filing and, if it is missing, issues a notice requiring the debtor either to file it or a motion to extend, or to attend a hearing to explain why the case should not be dismissed (E.D. Va. LBR 1007-3).

How does it work in practice?

The form is commonly filed with the chapter 7 petition and copies are sent to the creditors and lessors listed on it; in a joint case both spouses sign, and both are equally responsible for the information (Bankr. M.D. La. filing packet — Ch7_Vol_Petition_ Package-2026.pdf). If it arrives after the petition, the clerk dockets it as its own event (Bankr. M.D. Fla. Procedure Manual — Schedules Statements Plan Received After Filing). Each named choice has separate machinery behind it. Redemption under 11 U.S.C. § 722 lets an individual debtor pay the holder of the lien the amount of the allowed secured claim in full at the time of redemption, for tangible personal property intended primarily for personal, family, or household use securing a dischargeable consumer debt, where that property is exempt or has been abandoned. Reaffirmation is a new written agreement to repay a debt, subject to the disclosure and approval requirements of 11 U.S.C. § 524.

What do people get wrong about it?

Three things, mostly. First, the form is titled for individuals filing under chapter 7, and § 521(a)(2) is written for a petition under chapter 7 — other chapters have their own provisions, so a statement of intention is not a universal individual filing. Second, checking a box does not defeat a lien. Claiming property as exempt protects an interest in it; it does not erase a security interest, and a creditor holding a valid lien that was not eliminated in the case may still have the right to enforce it (U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide). Third, local practice varies. In the Southern District of California a trustee need not obtain compliance with § 521(a)(2)(B) where the trustee claims no interest in the listed property (S.D. Cal. LBR 1007-6), and the Northern District of Florida removed a local requirement that the statement spell out how intentions would be accomplished (N.D. Fla. LBR 1007-3).

Frequently asked questions

Is a statement of intention filed in a Chapter 13 case?: The requirement in 11 U.S.C. § 521(a)(2) is framed around a petition filed under chapter 7, and Official Form 108 is titled Statement of Intention for Individuals Filing Under Chapter 7. Other chapters have their own provisions for handling secured claims. Which forms a district expects in a given chapter is worth confirming with your local court's filing packet.
What happens if the statement is not filed on time?: That depends on the district. Section 521(a)(2)(A) allows the court, for cause and within the period, to fix additional time. In the Eastern District of Virginia the clerk issues a notice giving the debtor a choice between filing the statement or a motion to extend, and attending a hearing on why the case should not be dismissed (E.D. Va. LBR 1007-3).
Does checking "retain the property" mean the lender cannot take it?: No. The statement records what you intend to do; it does not change the creditor's lien. A discharge does not prevent a secured creditor from seizing collateral if payments are not kept up, and a valid lien that was not eliminated in the case may still be enforceable afterward (U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide).
Do exemption rules on the related schedule differ by state?: Yes. Under 11 U.S.C. § 522(b) an individual debtor may exempt property from the estate using either the federal list in subsection (d) or applicable federal, state, and local law — but only where the state whose law applies has not withdrawn the federal option. Because the answer turns on your state, check your state exemptions page rather than a national figure.

Sources

11 U.S.C. § 521 — Debtor's duties · official source
11 U.S.C. § 722 — Redemption · official source
11 U.S.C. § 524 — Effect of discharge · official source
11 U.S.C. § 522 — Exemptions · official source
E.D. Va. LBR 1007-3 — Statement of Intention
S.D. Cal. LBR 1007-6 — Consumer Debts Secured by Property of the Estate
N.D. Fla. LBR 1007-3
U.S. Bankr. Ct. D. Alaska, The Forms Individuals and Married Couples Need to File Bankruptcy
Bankr. M.D. La. filing packet — Ch7_Vol_Petition_ Package-2026.pdf
Bankr. M.D. Fla. Procedure Manual — Schedules Statements Plan Received After Filing
U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Sources verified July 28, 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.