Bankruptcy basics
How to tell reliable bankruptcy information from bad advice online
Reliable bankruptcy information names its source, cites the statute or court rule behind it, and describes ranges rather than promising results. Federal law requires debt relief agencies to disclose that they help people file bankruptcy, to put fees in a written contract, and to avoid misleading statements (11 U.S.C. §§ 526, 528). Advertising that hides the word bankruptcy is a warning sign.
Key points
- Under 11 U.S.C. § 528, a debt relief agency must state in its advertising that it helps people file for bankruptcy relief under the Bankruptcy Code.
- Under 11 U.S.C. § 526, a debt relief agency may not make misleading statements about the services, benefits, or risks of filing.
- A written contract describing the services and the fees is required, and courts tell people to ask to see it before hiring anyone (11 U.S.C. § 527).
- Bankruptcy court clerk's offices publish free guidance but are prohibited from giving legal advice, so their material is accurate on process and silent on strategy.
- Non-attorney petition preparers may type your forms but are not permitted to advise you on what to put in them.
There is a lot of bankruptcy information online, and some of it is written by people who make money when you make a particular choice. The good news is that Congress wrote rules about how bankruptcy help can be advertised and sold, and those rules give you a short checklist for sorting the trustworthy from the rest. This page walks through that checklist and shows where the free official sources are.
How do the federal rules on bankruptcy advice actually work?
Congress created a category called a "debt relief agency" and attached duties to it. Section 526 tells these businesses what they may not do: they may not fail to perform a service they said they would perform, may not counsel someone to make an untrue or misleading statement in a filed document, and may not misrepresent, directly or by material omission, either the services they will provide or "the benefits and risks that may result if such person becomes a debtor" (11 U.S.C. § 526(a)). Section 528 tells them what they must do: execute a written contract explaining the services and the fees, give the client a copy, and disclose in advertising that the services concern bankruptcy relief. Section 527 requires written notices about the accuracy and completeness of the information a filer supplies. So the standard is not just "don't lie." It is affirmative disclosure, in writing, before money changes hands. When a website meets none of that, you are reading marketing rather than information.
- Written contract required, describing services and fees (11 U.S.C. § 528(a)(1))
- A copy of that executed contract goes to the client (11 U.S.C. § 528(a)(2))
- Advertising must disclose it concerns bankruptcy relief (11 U.S.C. § 528(a)(3))
- No misrepresentation of services, benefits, or risks (11 U.S.C. § 526(a)(3))
What separates a real red flag from ordinary marketing?
Marketing exaggerates; a red flag conflicts with what the statute requires. The clearest one is language engineered to avoid saying "bankruptcy." Congress anticipated it: § 528(b)(1)(B) treats phrases such as "federally supervised repayment plan" or "Federal debt restructuring help" as advertising for bankruptcy assistance when they "could lead a reasonable consumer to believe that debt counseling was being offered when in fact the services were directed to providing bankruptcy assistance with a chapter 13 plan." A site advertising help with credit defaults, foreclosure, eviction, or collection pressure must disclose that the assistance may involve bankruptcy relief and must include the statement "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code" (11 U.S.C. § 528(b)(2)). Another red flag appears in § 526(a)(4): advising someone to take on more debt while contemplating a filing. Anyone suggesting that is working against you.
| Signal | What it suggests |
|---|---|
| Names the statute or rule behind a claim | Checkable — you can read the source yourself |
| Avoids the word "bankruptcy" while describing a repayment plan | § 528(b)(1)(B) treats this as bankruptcy advertising |
| Refuses to put fees in writing before you pay | Conflicts with the written-contract duty in § 528(a)(1) |
| Promises a specific result | No source can promise what a court will do |
| Suggests taking on more debt before filing | § 526(a)(4) prohibits a debt relief agency from advising this |
What does federal law say about the disclosures you should receive?
Before an individual with primarily consumer debts commences a case, the clerk gives written notice describing chapters 7, 11, 12, and 13 along with "the general purpose, benefits, and costs of proceeding under each of those chapters" and the types of services available from credit counseling agencies (11 U.S.C. § 342(b)). That same notice states that knowingly and fraudulently concealing assets or making a false oath carries a fine, imprisonment, or both. Section 527 requires a debt relief agency to deliver that § 342(b) notice plus a separate, clear and conspicuous statement, in its own document, telling you that you may represent yourself, hire an attorney, or in some localities use a non-attorney petition preparer, and that "THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT... Ask to see the contract before you hire anyone." Information that contradicts these notices is unreliable on its face.
- All information filed must be complete, accurate, and truthful (11 U.S.C. § 527(a)(2)(A))
- All assets and liabilities must be completely and accurately disclosed (11 U.S.C. § 527(a)(2)(B))
- Information you provide may be audited, and failure to provide it may lead to dismissal or sanction (11 U.S.C. § 527(a)(2)(D))
Where do state and local rules change what you read?
The Bankruptcy Code is federal, and federal courts have exclusive jurisdiction over bankruptcy cases, so a case cannot be filed in state court (Bankr. D. Md., Legal Overview). But two layers vary underneath it. First, exemptions — what property you can protect — run on state law in most places, which is why a figure quoted on a national site may not be the figure that applies where you live. Your state hub page is where those published amounts belong. Second, each district publishes local rules and procedures, and clerk's offices differ on practical points: the Western District of Kentucky states that pro se individuals cannot be issued electronic filing privileges and all documents must be filed by mail or in person at the Louisville office. An article that never mentions which district or state it describes is a weak source for anything local.
- Exemption amounts are set by state law — check your state page, not a national average
- Local rules and filing procedures are published by each district's court
- Some districts run a pro se help desk or advice clinic (Bankr. N.D. Ill.; Bankr. D. Minn.)
What does evaluating a source look like in practice?
Take a common claim: "filing costs a few hundred dollars." The checkable version separates the components. The Chapter 7 filing fee is $245 under 28 U.S.C. § 1930(a)(1)(A), (f)(1), plus a $78 administrative fee and a $15 trustee surcharge under the Bankruptcy Court Miscellaneous Fee Schedule. The Chapter 13 filing fee is $235 under 28 U.S.C. § 1930(a)(1)(B), plus the same $78 administrative fee. A source that names each component and its authority can be verified in minutes. A source that gives one round number cannot. Note also that district pages may show different totals or effective dates than a national figure — the Northern District of Illinois eSR Chapter 7 checklist lists $338.00 while its Chapter 13 checklist lists $313.00. That kind of discrepancy is normal, and it is exactly why a date and a citation matter more than a confident tone.
| Component | Amount | Authority |
|---|---|---|
| Chapter 7 filing fee | $245 | 28 U.S.C. § 1930(a)(1)(A), (f)(1) |
| Chapter 7 administrative fee | $78 | Misc. Fee Schedule, Item 8 |
| Chapter 7 trustee surcharge | $15 | Misc. Fee Schedule, Item 9 |
| Chapter 13 filing fee | $235 | 28 U.S.C. § 1930(a)(1)(B) |
| Chapter 13 administrative fee | $78 | Misc. Fee Schedule, Item 8 |
What documents and information does a reliable source point you toward?
A trustworthy guide tells you what the process will actually demand of you, because the paperwork is where cases succeed or fail. Court checklists converge on the same list: a certificate showing you received a credit counseling briefing from an approved agency within 180 days before filing; your Social Security number or ITIN; names and addresses of every creditor; a list of everything you own with its location and current value; co-debtors and co-signers; proof of income for the past six months; payment advices from any employer within 60 days before the petition; retirement and pension statements for the past twelve months; and bank statements for the past six months (Bankr. N.D. Ill. eSR checklists). The Eastern District of Michigan adds that required documents go to the trustee at least 7 days before the meeting of creditors, and that failing to provide them may result in dismissal. A source that skips the documents is skipping the hard part.
- Credit counseling certificate from an approved agency (within 180 days before filing)
- Six months of income proof and bank statements; two years of tax returns in some districts
- A complete list of property, creditors, leases, and co-signers
- A free annual credit report helps complete the forms (www.annualcreditreport.com)
What should you ask a lawyer once you have done the reading?
Online reading is for orientation. A lawyer is for the parts that turn on your specific facts, and the Colorado bankruptcy court publishes a list of exactly those situations: tax debts, student loans, liens on your property, equity in property you own, business ownership, a profit-sharing arrangement, a pension plan, an asset you do not want to lose, wage garnishment, prior filings, use of another name or Social Security number, eviction or foreclosure, questions about which debts get discharged, and Chapter 13 cases generally. That court also states plainly that non-attorney petition preparers should not give legal advice and may not tell you how to address any of those situations. Courts routinely recommend consulting counsel because bankruptcy has long-term financial and legal consequences (Bankr. D. Minn.). If you cannot afford one, several districts list legal aid organizations and bar referral services.
- Which of my debts are likely to survive a discharge, and why?
- Given my property and my state's exemptions, what is at risk?
- Have I ever filed before, and how does that affect timing?
- What will you charge, what does that cover, and can I see the written contract?
Frequently asked questions
- Is bankruptcy information online reliable?
- It varies enormously, and the reliable material shares three traits: it names its source, it cites the statute or rule behind each claim, and it describes what commonly happens rather than promising a result. Federal court websites and the Bankruptcy Code itself are the strongest sources. Anything selling a service has statutory disclosure duties under 11 U.S.C. §§ 526 to 528 — check whether it meets them.
- What are the biggest red flags with debt relief companies?
- Advertising that describes a repayment plan without saying "bankruptcy" is the clearest one; § 528(b)(1)(B) specifically names phrases like "federally supervised repayment plan" as bankruptcy advertising. Others: refusing to put services and fees in a written contract before you pay, promising a particular outcome, and advising you to take on more debt in contemplation of filing, which § 526(a)(4) prohibits.
- Can the bankruptcy court clerk tell me whether the advice I read is correct?
- No. Clerk's office staff are prohibited from giving legal advice or assisting with form preparation, and several courts say so directly on their websites and in their pro se guides. They can point you to forms, fee schedules, local rules, and legal-services lists. Some districts, including the Northern District of Illinois, run a pro se help desk for questions the clerk cannot answer.
- Are non-attorney petition preparers a legitimate source of guidance?
- They are recognized in the statute — § 527(b) tells you that in some localities you can get help from a bankruptcy petition preparer who is not an attorney — but their role is limited to preparation, not advice. The Colorado bankruptcy court states that petition preparers should not give legal advice and may not tell you how to handle issues like liens, prior filings, or Chapter 13 cases.
- Why do different websites list different bankruptcy filing fees?
- Because the total is assembled from separate components that change on different dates, and some sites quote only one piece. The Chapter 7 filing fee is $245, with a $78 administrative fee and a $15 trustee surcharge added on top. The Chapter 13 filing fee is $235 plus the $78 administrative fee. Always check the date attached to any figure you read.
- Does it matter that most bankruptcy pages are written nationally?
- Yes, for anything local. Exemptions generally run on state law, and each district publishes its own local rules, filing procedures, and forms. A national page can explain how a rule works; it usually cannot tell you the amount that applies where you live. Use your state page for exemption figures and your district's court site for filing procedure.
Sources
- 11 U.S.C. § 526 — Restrictions on debt relief agencies · official source
- 11 U.S.C. § 527 — Disclosures · official source
- 11 U.S.C. § 528 — Requirements for debt relief agencies · official source
- 11 U.S.C. § 342 — Notice · official source
- 28 U.S.C. § 1930(a)(1)(A), (f)(1) — Chapter 7 filing fee
- 28 U.S.C. § 1930(a)(1)(B) — Chapter 13 filing fee
- Bankruptcy Court Miscellaneous Fee Schedule, Item 8 — Administrative fee
- Bankruptcy Court Miscellaneous Fee Schedule, Item 9 — Chapter 7 trustee surcharge
- COB official material — Risks of paying a non-attorney
- Bankr. D. Md. official page — Legal Overview
- Bankr. N.D. Ill. official page — eSR Chapter 7 Checklist
- Bankr. N.D. Ill. official page — eSR Chapter 13 Checklist
- Bankr. D. Minn. official page — Filing Without An Attorney [https://www.mnb.uscourts.gov/filing-without-attorney-0]
- Bankr. E.D. Mich. official guidance — A Guide for Pro Se Filers
- Bankr. W.D. Ky. official guidance — Filing Without an Attorney
- Bankr. M.D. La. official guidance — Frequently Asked Questions
By Antonio G. Jimenez, Esq. · Florida Bar No. 21022
Last reviewed July 26, 2026 · Sources verified July 26, 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.
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