Filing Process and Court Procedure in Consumer Bankruptcy

What does the filing process cover?

This part of the site covers everything procedural about a consumer bankruptcy case: where it is filed, what documents open it, what it costs, what courses are required, and who is allowed to help you prepare it.

Bankruptcy is federal. Cases are filed in the bankruptcy court, and federal courts have exclusive jurisdiction, so a bankruptcy case cannot be filed in a state court (Bankr. D. Md. official page). A case normally begins when the debtor files a petition, and the debtor also files statements listing assets, income, liabilities, and every creditor and what is owed.

What this section does not cover is whether filing is the right move for you, or which chapter fits. That question is decided by income, property, and debt type, and it lives on the pathway guides. Here the question is narrower and more practical: mechanically, how does a case get started and move forward?

• Where a case is filed and which court has it
• The petition, schedules, and supporting documents
• Filing fees, installments, and fee waiver applications
• The credit counseling briefing before filing and the debtor education course after
• Filing with an attorney, filing without one, or using a petition preparer

How do you know which of these procedural topics applies to you?

Start with where you are in the process, not with the chapter you think you want.

If you are still deciding, the topics that matter are what to gather and what to track, because almost every later step depends on records you may not have yet. Courts ask for proof of income for the past six months, payment advices from the 60 days before filing, bank statements, retirement account statements, tax records, and a list of every creditor with an address (Bankr. N.D. Ill. official page).

If you have decided and are preparing to file, the relevant topics are the required courses, the forms, and the fees. If you are facing something immediate, such as a garnishment or a sale date, the emergency filing guide addresses what a bare-bones filing does and does not solve.

If money is the obstacle, look at fee installments, fee waivers, legal aid, and pro bono options before assuming filing is out of reach.

What do all these filing paths have in common?

Every consumer case, whichever chapter and whoever prepares it, shares the same procedural spine.

A voluntary case is commenced by filing a petition with the bankruptcy court, and that filing constitutes the order for relief (11 U.S.C. § 301). Before the case begins, the clerk must give an individual whose debts are primarily consumer debts a written notice describing the chapters, their general purpose, benefits and costs, and the services available from credit counseling agencies (11 U.S.C. § 342). The filing of the petition automatically stays debt collection, so while the stay is in effect creditors generally cannot bring or continue lawsuits, make wage garnishments, or make collection calls (Bankr. D. Md. official page).

Every filer also signs under penalty of perjury. Knowingly and fraudulently concealing assets or making a false oath carries fine, imprisonment, or both, and all information supplied is subject to examination by the Attorney General (11 U.S.C. § 342).

• A petition filed with the federal bankruptcy court opens the case
• The clerk's § 342(b) notice comes before the case is commenced
• A trustee is assigned by the Office of the United States Trustee
• Complete, accurate, truthful disclosure is required, and auditable

Where do these filing paths differ most?

The differences that matter most are cost, who prepares the paperwork, and how much the court can help you.

Fees differ by chapter. The Chapter 7 filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)) and the Chapter 13 filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)). Each carries a $78 administrative fee, and Chapter 7 also carries a $15 trustee payment. A Chapter 7 filer may apply to have the fee waived; that statutory waiver does not extend to Chapter 13, though installments are available.

Representation differs too. You can represent yourself, hire an attorney, or in some localities get help from a bankruptcy petition preparer who is not an attorney, and the law requires a written contract specifying what will be done and what it costs (11 U.S.C. § 527). Districts also differ on mechanics: some offer pro se online self-representation tools, others require in-person or mailed filing.

Where should you start?

Start by finding your court, then work out what you already have and what is missing.

Districts vary in how you file and what help exists locally. Some run a pro se help desk; some publish a step-by-step guide for filing without a lawyer; some accept petitions only in person, by mail, or through after-hours drop boxes (Bankr. M.D. Fla. official publication). Court staff cannot fill the gap: clerk's office employees are not attorneys and are prohibited by law from offering legal advice, and you should not contact the judge in your case directly (Bankr. W.D. La. official page).

Courts are also blunt that self-filing is hard. One district warns that a case dismissed for failure to file a required document, such as a credit counseling certificate, may cost the filer the right to file again or protections in a later case (Bankr. W.D. La. official page).

Building a roadmap first tells you which of these steps your situation actually reaches.

Does state law change any of this?

The procedure itself is federal and does not change materially from state to state. The petition, the schedules, the Official Forms, the § 342(b) notice, and the automatic stay come from the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure, which apply nationwide.

Two things do vary. First, local rules and local forms differ by district, along with practical mechanics such as whether pro se filers can use an electronic self-representation tool or must file over the counter. Districts publish their own local rules, and filers are expected to comply with them alongside the Code and the federal rules (Bankr. W.D. La. official page).

Second, exemptions, which decide what property you keep, are largely a matter of state law and are not part of this section. Median income figures used in the Chapter 7 income comparison are also state-specific. Both live on the state hub pages rather than here, so the figures are published in one place and stay current.

What happens after the petition is filed?

Filing starts a sequence run by the court and a trustee rather than by you.

All Chapter 7 and Chapter 13 cases are assigned a trustee by the Office of the United States Trustee (Bankr. E.D. Mich. official guidance). Creditors receive notice from the clerk of court that a petition has been filed (Bankr. D. Md. official page). There is a meeting of creditors, sometimes called the § 341 meeting, that filers are expected to attend and answer questions honestly at.

If something required is missing, the court issues a deficiency notice identifying the document, describing the problem, and explaining how to cure it (Bankr. D. Md. official guidance). Failing to do what is required, such as attending the creditors' meeting or producing records the trustee requests, is a common reason a case is dismissed, and dismissal by itself does not free a debtor from any debt (U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide).

Frequently asked questions

When does a bankruptcy case officially begin?

It begins when the voluntary petition is filed with the bankruptcy court, because that filing itself constitutes the order for relief (11 U.S.C. § 301). There is no separate hearing or approval step to start the case. The petition must be filed by an entity that may be a debtor under the chapter chosen.

How much does it cost to file?

The Chapter 7 filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)) and the Chapter 13 filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)). A $78 administrative fee applies to each, and Chapter 7 adds a $15 trustee payment. Courts commonly allow payment in installments, and Chapter 7 filers may apply for a conditional waiver. Attorney fees are separate.

Can the court clerk tell me which chapter to file?

No. Clerk's office employees are not attorneys and are prohibited by law from offering legal advice, and you should not contact the judge in your case directly (Bankr. W.D. La. official page). Clerks can explain procedure and point you to forms and local rules. Several districts run a pro se help desk for questions that go beyond procedure.

Do I have to take a course before filing?

Yes in most cases. Districts describe a required credit counseling briefing from an approved agency within the 180 days before filing, with the certificate filed with the petition (Bankr. E.D. Mich. official guidance). There are exceptions and temporary waivers, which the voluntary petition addresses directly. A separate debtor education course comes after filing.

Can I file bankruptcy without a lawyer?

Individuals may represent themselves in bankruptcy court, though courts describe doing it successfully as extremely difficult and strongly recommend hiring competent counsel (Bankr. W.D. La. official page). Corporations and partnerships must have an attorney. Some localities also allow a non-attorney bankruptcy petition preparer to help, under a written contract stating the cost (11 U.S.C. § 527).

What happens if I leave a document out?

The court issues a deficiency notice identifying the deficient document, describing the problem, and explaining how to cure it (Bankr. D. Md. official guidance). Curing it promptly matters, because a case dismissed for failure to file a required document can cost a filer the right to file again or protections in a later case (Bankr. W.D. La. official page).

Does filing stop a wage garnishment?

Filing the petition automatically stays debt collection, and while the stay is in effect creditors generally cannot bring or continue lawsuits, make wage garnishments, or even make telephone calls demanding payment (Bankr. D. Md. official page). The stay has exceptions and limits, including shorter or no stay for some repeat filers under 11 U.S.C. § 362.

Sources

• 11 U.S.C. § 301 — Voluntary cases
• 11 U.S.C. § 342 — Notice · official source
• 11 U.S.C. § 527 — Disclosures · official source
• 11 U.S.C. § 362 — Automatic stay · official source
• 28 U.S.C. § 1930(a)(1)(A), (f)(1) — Bankruptcy filing fees, Chapter 7
• 28 U.S.C. § 1930(a)(1)(B) — Bankruptcy filing fees, Chapter 13
• Bankruptcy Court Miscellaneous Fee Schedule, Item 8 — Administrative fee collected at filing
• Bankruptcy Court Miscellaneous Fee Schedule, Item 9 — Chapter 7 trustee payment under 11 U.S.C. § 330(b)(2)
• Bankr. D. Md. official page — Legal Overview
• Bankr. W.D. La. official page — Don't Have an Attorney
• Bankr. E.D. Mich. official guidance — Overview of the Bankruptcy Process
• Bankr. N.D. Ill. official page — eSR Chapter 13 Checklist
• Bankr. M.D. Fla. official publication — General Information
• U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide
• Bankr. D. Md. official guidance — General Information: Understanding Bankruptcy Glossary of Bankruptcy Terms Glossary of Legal Terms Resources Your Legal Rights Instruction Sheet -- Landlord & Tenant under § 362(b)(22) and (l) Can't afford a lawyer? Court Fees & Costs Forms Filing an Adversary Complaint How to Create a Matrix Examples of Pleading Captions (Templates) Bankruptcy Petition Preparers What is Legal Advice? Attending Hearings Meeting of Creditors Virtual Hearings Access Information and Resources — FAQs What is a certificate of service and who should I serve? View the certificate of service instructions . Am I a debtor? A debtor is person who has filed a petition for relief under the Bankruptcy Code. A creditor is one to whom the debtor owes money or who claims to be owed money by the debtor.​​​ How much is the filing fee and how can I pay my fees? Visit the filing fees page for instructions to pay electronically, in person, or by mail. Where can I file? You can file in person at the Clerk's Office, by mail, and through the after-hours drop boxes located in the Baltimore and Greenbelt courthouses; for more information click here . Pro se individuals can submit a Chapter 7 petition for filing through the Electronic Self-Representation (eSR) online tool, which you can access here . When will I get my discharge? We cannot predict when you personally will get a discharge; in a typical chapter 7 case, it could be four to six months after filing the bankruptcy paperwork. How can I get a copy of my discharge? If you need copies of your bankruptcy records, you can visit the Clerk's Office to view and print copies. The cost is $0.10 per page if you print them yourself, or $0.50 per page if we print them for you. You can also access documents online by visiting https://pacer.login.uscourts.gov . You will need to setup an account to view documents online. I got a deficiency notice. What should I do? The Court issues deficiency notices to alert you of problems with documents you have filed. Each deficiency notice will identify the DOCUMENT that is deficient, and describe the PROBLEM with the document. Then, the deficiency notice will explain how to CURE, or correct, the problem. Why is a bankruptcy case on my credit report? The Court does not report information to the credit bureaus, is not responsible for verifying or validating information from consumers' credit files, and does not respond to individual requests regarding credit reports. Bankruptcy filings are publicly available records. For more information, see this Credit Reporting Information . Where can I get the forms for filing? Forms can be printed in our office, or you can print your own . Can I add creditors to my bankruptcy after filing? Yes, there is a $32 fee. See LBR 1007-1, 1007-3 and 1009-1 for filing requirements (See the Local Rules ). Do I have an EIN (Employer Identification Number)? An EIN, or Employer Identification Number is a federal tax identification number that is used to identify a business entity. Not everyone has an EIN. You can learn more about who needs an EIN on this IRS Webpage . Question #4 on the Voluntary Petition for Individuals includes a place for debtors to report whether the individual who is filing for bankruptcy has an EIN. To help clarify some confusion about Question #4, individual debtors should NOT include the EIN for their employer in response to this question (for example: if an individual debtor works for ABC Company, that debtor should NOT include the EIN for ABC Company in response to Question #4). If you have any uncertainty as to how to respond to Question #4, you are advised to consult with competent legal counsel.

Related

• Build your personalised roadmap
• Find your local bankruptcy court
• Bankruptcy tools and screeners
• The automatic stay
• Is bankruptcy right for me?
• Exemptions: what they protect