Your Rights and Responsibilities as a Bankruptcy Filer

What does the law actually require you to do as a filer?

Your core duties sit in 11 U.S.C. § 521. You must file a list of creditors and, unless the court orders otherwise, a schedule of assets and liabilities, a schedule of current income and current expenditures, and a statement of your financial affairs. You must also file copies of all payment advices or other evidence of payment you received from any employer within the 60 days before you filed, a statement of monthly net income itemized to show how it was calculated, and a statement disclosing any reasonably anticipated increase in income or expenditures over the 12 months after filing. Beyond paperwork, § 521(a)(3) requires you to cooperate with the trustee as necessary to let the trustee perform the trustee's duties. Court guidance puts the same point bluntly: read § 521 and your district's local rules so you know all of your duties as a debtor (U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide).

• A list of creditors, with addresses
• Schedules of assets, liabilities, income and expenditures
• A statement of financial affairs
• Pay records from any employer covering the 60 days before filing
• A statement of monthly net income showing the calculation
• A statement of any reasonably anticipated change in income or expenses over the next 12 months

What do you get in return? How the automatic stay works

The filing itself does the work. Under 11 U.S.C. § 362(a), a petition operates as a stay of the commencement or continuation of most actions against you that arose before the case, the enforcement of a pre-petition judgment, acts to obtain or control property of the estate, acts to create or enforce liens, any act to collect a pre-petition claim, and the setoff of pre-petition debts. One district court describes the practical effect this way: as long as the stay remains in effect, creditors cannot bring or continue lawsuits, make wage garnishments, or even make telephone calls demanding payment (Bankr. D. Md. official page — Legal Overview). In a Chapter 13 case, 11 U.S.C. § 1301 adds a codebtor stay that generally bars a creditor from chasing an individual who is liable with you on a consumer debt, subject to the exceptions in that section.

What changes the answer for your case?

Several things narrow or expand both sides. The stay is not absolute: 11 U.S.C. § 362(b) excludes criminal proceedings against you and most domestic-relations matters, including establishing paternity, establishing or modifying a domestic support obligation, custody and visitation, and dissolution of a marriage except where it seeks to divide property of the estate. Prior filings matter too. One court's guidance explains that if you filed within the past year and that case was dismissed, the stay may protect you only for 30 days after the new case is filed, and that if two or more cases were dismissed in the prior year the stay does not go into effect at all unless the court orders it after a hearing (U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter). Timing matters as well: that same guidance notes a foreclosure sale completed before you file is a different situation from one still pending.

• Whether you have a prior case dismissed within the last year, or two within the last year
• Whether the creditor action is criminal or domestic-relations in nature
• Whether the debt is secured, and whether you want to keep the collateral
• Whether the case is under Chapter 7 or Chapter 13, which changes the deadlines and the codebtor stay

What happens if you do not disclose an asset?

This is the question people are most afraid to ask, and the answer in the official notices is direct. If you knowingly and fraudulently conceal assets or make a false oath or statement under penalty of perjury, either orally or in writing, in connection with a bankruptcy case, you may be fined, imprisoned, or both (11 U.S.C. § 342(b); Bankr. E.D. La. official guidance — Chapter 13 Form Packet). All information you supply is subject to examination by the Attorney General acting through the Office of the U.S. Trustee and other Department of Justice offices. There is a quieter consequence too. Exemptions are not automatic: to exempt property you must list it on Schedule C, and court instructions warn that if you do not list the property, the trustee may sell it and pay the proceeds to your creditors (U.S. Bankr. Ct. D. Ariz., Instructions for Completing the Bankruptcy Petition). Omitting an asset can forfeit the very protection you were hoping for.

• Fine, imprisonment, or both, for knowing and fraudulent concealment or a false oath
• Examination of everything you filed by the U.S. Trustee and other DOJ offices
• Loss of an exemption you never claimed, because unlisted property is not exempt
• Dismissal of the case, which ends the stay and lets collection resume

Where do state and local rules change things?

The Bankruptcy Code is federal and bankruptcy cases can only be filed in federal bankruptcy court, which has exclusive jurisdiction (Bankr. D. Md. official page — Legal Overview). Your duties under § 521 and the stay under § 362 read the same in every state. What varies is exemptions and local procedure. Under 11 U.S.C. § 522, exemptions run through federal law and the law of your state of domicile, and states may by statute decide whether the federal exemption list is available as an alternative. Local practice differs too: districts publish their own local rules, filing locations, fee payment methods, and pro se guides, and some publish a Chapter 13 rights-and-responsibilities document setting out what is expected of debtors and their attorneys (Bankr. S.D. Ill. official page — Rights & Responsibilities of Chapter 13 Debtors & Their Attorneys). We keep exemption amounts and district details on the state and court pages rather than restating them here.

• Exemption amounts and whether your state allows the federal list (11 U.S.C. § 522)
• Local rules, filing locations and accepted forms of payment
• District-specific pro se guidance and Chapter 13 practice documents

What does this look like in practice, from filing day onward?

You file the petition and the stay attaches. Creditors receive notice from the clerk that a petition has been filed (Bankr. D. Md. official page — Legal Overview). You are then expected to attend the meeting of creditors, which one district describes as held 21 to 60 days after filing, where you are under oath while the trustee and any creditors ask questions (Bankr. W.D. Ky. official guidance — Guide to Filing Bankruptcy without an Attorney). If you have secured debts, § 521(a)(2) gives you a defined window to file a statement of intention and then to perform it. Court guidance also notes practical duties that are easy to overlook: keep making payments on property you want to keep, maintain insurance on a home or car, and notify the court of any change of address so you receive your notices (U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter; Bankr. E.D. La. official guidance — Chapter 13 Form Packet).

• File the petition, schedules, statements and creditor list
• Attend the meeting of creditors and answer the trustee's questions under oath
• File and then perform your statement of intention on secured property
• Keep insurance and secured-debt payments current if you want to keep the collateral
• Tell the court immediately if your mailing address changes

What documents and information are involved, and what does it cost?

You will gather more paperwork than you expect. Along with the § 521 schedules and statements, court packets ask for the voluntary petition, a statement about your Social Security number, a creditor matrix in the format the district requires, and a verification of that matrix (Bankr. D. Mass. official page — FAQs for Debtors). Fees are set nationally. A Chapter 7 case carries a $245 filing fee (28 U.S.C. § 1930(a)(1)(A), (f)(1)), a $78 administrative fee, and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Items 8 and 9). A Chapter 13 case carries a $235 filing fee (28 U.S.C. § 1930(a)(1)(B)) plus the same $78 administrative fee. Districts publish their own instructions for paying electronically, in person, by mail, or by application to pay in installments. Keep copies of everything you file, including any discharge or dismissal order.

What should you ask a lawyer?

Clerk's offices are explicit that they cannot help. Court guidance states that the bankruptcy clerk's staff is prohibited from giving legal advice, which includes instruction on how to complete the forms, and that if you are acting as your own attorney you are responsible for the rest (Bankr. D. Mass. official page — FAQs for Debtors). That makes a lawyer's role concrete rather than abstract. Some moments carry particular weight. A reaffirmation agreement makes you legally obligated again on a debt that might otherwise be discharged, and one court's guidance says debtors entering into one without representation will need to attend a hearing before a judge, and that you are strongly advised to consult legal counsel before agreeing (U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide). Bring your questions in writing.

• Which chapter fits my income, my property and my goal of keeping or surrendering it?
• Are any of my assets at risk given my state's exemptions?
• Should I reaffirm this car or mortgage debt, or is there a better option?
• Do I have any debts that are unlikely to be discharged under 11 U.S.C. § 523?
• Does a prior dismissed case affect how long my stay lasts?

Frequently asked questions

Do I have to list every creditor, even a relative I owe money to?

Yes. Section 521(a)(1)(A) requires a list of creditors, and the schedules require your liabilities. Court instructions also warn that certain debts not listed in your bankruptcy papers may remain payable after discharge. Leaving someone off does not quietly protect them; it risks the treatment of that debt and the accuracy of a document you signed under penalty of perjury.

Does the automatic stay stop child support or a custody case?

Generally no. 11 U.S.C. § 362(b) excludes from the stay proceedings to establish paternity, to establish or modify a domestic support obligation, and matters concerning child custody or visitation, along with dissolution of a marriage except where it seeks to divide property of the estate. Court guidance echoes this: you are not protected by the stay from most domestic-relations proceedings, or from most criminal proceedings.

What is the statement of intention, and when is it due?

It is where you say what you plan to do with property securing a debt. Under 11 U.S.C. § 521(a)(2), a Chapter 7 filer must file it within 30 days of the petition or by the date of the meeting of creditors, whichever is earlier, and must perform that intention within 30 days after the first date set for the § 341(a) meeting, unless the court fixes additional time for cause.

Can I be forced to give my property to the trustee?

Section 521 requires you to surrender to the trustee all property of the estate and any recorded information relating to it, and to cooperate with the trustee. Property you properly claim as exempt under 11 U.S.C. § 522 is treated differently, but exemptions are not automatic. Court instructions state that if you do not list property on Schedule C, the trustee may sell it and pay the proceeds to your creditors.

What happens if my case is dismissed?

The protection ends. Court guidance explains that upon dismissal the automatic stay ends, allowing creditors to begin collecting on debts that were not discharged, and that an order of dismissal itself does not free you from any debt. Cases are often dismissed when a debtor fails to do something required, such as appearing at the creditors' meeting or producing records the trustee requests.

Is my bankruptcy going to be public?

Yes. Bankruptcy filings are publicly available records, and one court notes that documents can be accessed online through PACER. The court itself does not report information to the credit bureaus and is not responsible for verifying what appears in consumer credit files. All information you supply is also subject to examination by the Attorney General under 11 U.S.C. § 342(b).

Does filing protect someone who cosigned my loan?

In a Chapter 13 case it often does. 11 U.S.C. § 1301 generally bars a creditor from acting to collect a consumer debt from an individual who is liable on it with you or who secured it, subject to exceptions, including where that individual took on the debt in the ordinary course of business or where the case is closed, dismissed or converted. A creditor can also ask the court for relief from that stay.

Sources

• 11 U.S.C. § 521 — Debtor's duties · official source
• 11 U.S.C. § 362 — Automatic stay · official source
• 11 U.S.C. § 342 — Notice · official source
• 11 U.S.C. § 522 — Exemptions · official source
• 11 U.S.C. § 523 — Exceptions to discharge · official source
• 11 U.S.C. § 1301 — Stay of action against codebtor · official source
• 28 U.S.C. § 1930(a)(1)(A), (f)(1)
• 28 U.S.C. § 1930(a)(1)(B)
• Bankruptcy Court Miscellaneous Fee Schedule, Item 8
• Bankruptcy Court Miscellaneous Fee Schedule, Item 9
• Bankr. D. Md. official page — Legal Overview
• U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you?
• U.S. Bankr. Ct. D. Ariz., Instructions for Completing the Bankruptcy Petition, Schedules and Statements
• U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide
• Bankr. W.D. Ky. official guidance — Guide to Filing Bankruptcy without an Attorney
• Bankr. D. Mass. official page — FAQs for Debtors
• Bankr. S.D. Ill. official page — Rights & Responsibilities of Chapter 13 Debtors & Their Attorneys
• Bankr. E.D. La. official guidance — Chapter 13 Form Packet
• Bankr. N.D. Iowa official page — Filing Without an Attorney: Other Interested Parties

Related

• Build your personalised roadmap
• The automatic stay
• Exemptions: what they protect
• Which debts get discharged
• Find your local bankruptcy court
• Chapter 7