Chapter 7 Forms and Filing Checklist

What forms does an individual actually file for Chapter 7?

The federal core is set by 11 U.S.C. § 521, which requires a debtor to 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, a statement of financial affairs, copies of all payment advices received from an employer within 60 days before filing, a statement of monthly net income showing how it was calculated, and a statement disclosing any reasonably anticipated increase in income or expenditures over the following 12 months. Court checklists translate that into numbered official forms. The District of Minnesota's Chapter 7 individual requirements list, for example, runs from the Voluntary Petition (Form 101) through Schedules A/B, C, D, E/F, G, H, I and J, the Declaration About an Individual Debtor's Schedules (Form 106Dec), the Statement of Financial Affairs (Form 107), the Statement of Intention (Form 108), and the Form 122A income and means-test series.

What is Official Form 122A, and do you have to file all three parts?

Form 122A is the income and means-test series for Chapter 7. District checklists treat the first part, the Chapter 7 Statement of Your Current Monthly Income (Form 122A-1), as required for individual debtors, and the other two as conditional. The Western District of Michigan's Chapter 7 checklist lists Form 122A-1Supp, the statement of exemption from the presumption of abuse, and Form 122A-2, the means test calculation, each marked "if applicable." The Montana pro se checklist lists the same three. The underlying test lives in 11 U.S.C. § 707(b), which directs a court to presume abuse where current monthly income reduced by the amounts determined under the statute, multiplied by 60, is not less than the lesser of 25 percent of nonpriority unsecured claims or $6,000, whichever is greater, or $10,000. Which of the three parts applies depends on your figures and your debts. Several courts publish separate instructions for completing them.

• Form 122A-1: current monthly income, generally filed by individual Chapter 7 debtors
• Form 122A-1Supp: statement of exemption from the presumption of abuse, filed where an exemption applies
• Form 122A-2: the full means test calculation, filed where the exemption does not apply

What does federal law require you to file, and when?

11 U.S.C. § 521(a)(1) requires the list of creditors and, absent a court order otherwise, the schedules, the statement of financial affairs with a § 342(b) certificate where applicable, the payment advices from the 60 days before filing, the monthly net income statement, and the anticipated-change statement. Section 521(a)(2) adds a distinct deadline for secured property: within 30 days after the petition is filed or by the date of the meeting of creditors, whichever is earlier, an individual debtor must file a statement of intention to retain or surrender property securing a debt and, where applicable, whether the property is claimed exempt, will be redeemed, or the debt reaffirmed. That intention must then be performed within 30 days after the first date set for the § 341(a) meeting, subject to any extension the court fixes for cause. Missing these has consequences: § 707(a)(3) allows dismissal for failure to file the § 521(a)(1) information within fifteen days, on a motion by the United States trustee.

• List of creditors: filed with the petition under § 521(a)(1)(A)
• Schedules, statement of financial affairs, pay stubs, net income statement: § 521(a)(1)(B)
• Statement of intention: within 30 days of filing or by the creditors' meeting, whichever is earlier (§ 521(a)(2)(A))
• Performing that intention: within 30 days after the first date set for the § 341(a) meeting (§ 521(a)(2)(B))

Where do local court rules change the list?

The official forms are the floor. Districts routinely add their own required documents, and a packet that is complete in one district can be rejected in another. The Northern District of Florida's Local Rule 1007-1 requires the creditor list in the format specified by the Clerk, a credit counseling certificate or one of the statutory substitutes, a statement of no employment income where the debtor had no pay advices in the 60 days before filing, and a statement of Social Security number, all filed at the same time as but separately from the petition. The Eastern District of Washington's Local Rule 1007-1 requires an individual debtor to file a Declaration Regarding Payments on Local Form 1007-1 with the petition or within 14 days, and directs that any item not otherwise filled out carry the entry "none" or "not applicable." Michigan and Montana checklists add local forms such as a verification of mailing matrix, an asset protection report, or a domestic support obligation statement. Check your own district's page before you assemble the packet.

• Creditor mailing matrix in the Clerk's required format, often with a separate verification form
• Local declarations about payments, compensation, or domestic support obligations
• District-specific cover sheets and, in some courts, an asset protection report

What does a real court's filing checklist look like in practice?

District checklists commonly sort the packet by deadline rather than by form number, which is the more useful way to think about it. The Eastern District of Michigan's Chapter 7 required documents checklist opens the case with three things: the Voluntary Petition (Form 101), the filing fee or an application to waive or pay in installments, and the certificate of credit counseling. It then places the Statement About Your Social Security Numbers (Form 121), the bankruptcy petition cover sheet, and the list of creditors within 7 days of the petition; the schedules, summary, declaration, statement of financial affairs and Form 122A within 14 days; the Statement of Intention within 30 days of filing or the date of the meeting of creditors; and the certification about a financial management course within 60 days after the first date set for the meeting of creditors. That same page warns that the court may dismiss the case if any of those items are late.

What documents and information do you need to gather first?

The forms are only as good as the records behind them, and most of the work is collection, not typing. The Northern District of Illinois eSR checklist asks filers to have on hand a Social Security number or ITIN, names and addresses of every creditor, a list of leases and rental agreements, a list of everything you own with its location and current market value, names and addresses of co-debtors or co-signers, proof of all income for the past six months, copies of all payment advices received from an employer within the 60 days before filing, retirement and pension statements for the past twelve months, bank statements for the past six months including accounts closed within the last year, information on any pending lawsuits, and tax returns. The Middle District of Louisiana's checklist adds current monthly expenses, recent bills or statements for each debt, and prior bankruptcy case numbers and filing dates. A free annual credit report is commonly suggested as a way to catch creditors you would otherwise miss.

• Six months of income proof and bank statements; twelve months of retirement account statements
• Pay stubs from the 60 days before filing, which § 521(a)(1)(B)(iv) requires you to file
• Every creditor's name and address, including collection agencies and co-signed debts
• Two years of tax returns and any prior bankruptcy case numbers and filing dates

What does the Chapter 7 filing fee actually consist of?

Chapter 7 carries a statutory filing fee of $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), collected alongside 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, effective December 1, 2023). District checklists show the same components combined into a single figure at the counter. Where paying at once is not possible, courts commonly accept Official Form 103A, an application to pay the filing fee in installments, or Official Form 103B, an application to have the Chapter 7 filing fee waived; Form 2000 notes that the debtor must be an individual and must file a signed application for court approval. Chapter 13 is priced differently: a $235 statutory filing fee (28 U.S.C. § 1930(a)(1)(B)) plus a $78 administrative fee, with installments available but no equivalent statutory waiver.

What should you ask a lawyer about your forms?

Court staff cannot help you here, and they say so plainly. The Northern District of Illinois notes that Clerk's Office employees are not attorneys and cannot give any legal advice; the District of New Hampshire's pro se guide says bankruptcy law is complicated and recommends seeking the advice of an attorney; the Western District of Michigan's checklist says hiring a competent attorney is strongly recommended. The questions worth bringing to a consultation are the ones the forms force you to answer under penalty of perjury. Note also that 11 U.S.C. § 527 requires a debt relief agency to tell an assisted person in writing that all information provided must be complete, accurate and truthful, that all assets and liabilities must be completely and accurately disclosed with replacement value stated where requested, and that the information may be audited, with failure to provide it possibly resulting in dismissal or other sanction, including a criminal sanction.

• Which Form 122A parts apply to my income, and how is current monthly income calculated in my case?
• What should my Statement of Intention say about my car or house, and what does performing that intention require?
• How should I value property on Schedule A/B, and which exemptions should I claim on Schedule C?
• Do any of my debts raise the § 523 discharge exceptions, and does anything on Schedule E/F fall under § 507 priority?
• Does a prior bankruptcy case in the last eight years affect what I can do now?

Frequently asked questions

Do I have to file every schedule even if one does not apply to me?

Yes, and district guidance is explicit about it. The Montana pro se checklist states that all of Schedules A/B through J must be included with your filing even if you have no information to put on a schedule. Colorado's packet directs individual and joint debtors to note "NONE" on any inapplicable schedule and file it with the other documents, and E.D. Washington's Local Rule 1007-1 requires "none" or "not applicable" entries.

What is the credit counseling certificate, and when do I need it?

It is a certificate from an approved agency showing you received a pre-filing briefing. Court checklists commonly place it in the "before you file" section and state it must be completed within 180 days before your case is filed. N.D. Florida's Local Rule 1007-1 also recognizes alternatives: a statement that the briefing was received without the certificate yet in hand, a certification under § 109(h)(3), or a motion for waiver under § 109(h)(4).

What happens if I file the petition but not the rest of the forms?

The case can be dismissed. Under 11 U.S.C. § 707(a)(3), a court may dismiss a Chapter 7 case for failure of the debtor in a voluntary case to file the information required by § 521(a)(1) within fifteen days of the petition, or such additional time as the court allows, but only on a motion by the United States trustee. Individual district checklists carry similar warnings about late documents.

Is there a separate certificate required after I file?

Yes. Court checklists list a financial management course certification as a post-filing item, separate from the pre-filing credit counseling certificate. The Eastern District of Michigan places the Certification About a Financial Management Course as due within 60 days after the first date set for the meeting of creditors. Maryland's required-forms list includes a personal financial management certificate from a certified counseling agency for both chapters.

What is the mailing matrix, and why is it separate from Schedule E/F?

The mailing matrix is the list of creditor names and addresses the court uses to send notices, and it is usually formatted to the Clerk's exact specification. Maryland requires it to be typed in the required format with a separate Verification of Matrix. Montana's checklist asks for names and mailing addresses only, with no account numbers and no duplicate addresses. Several districts publish a matrix-maker tool.

Do the same forms apply if I am married and filing jointly?

The form set is largely the same, but the information doubles. The Northern District of Illinois checklist states that if you are married and filing jointly, the listed information is required for each spouse. Colorado's packet also lists Schedule J-2, for the separate household expenses of Debtor 2, to be used only if Debtor 1 and Debtor 2 maintain separate households.

Can I use the same checklist for Chapter 13?

No. The overlap is large but the income forms and the plan differ. Chapter 13 checklists replace the Form 122A series with Form 122C-1, the Chapter 13 Statement of Your Current Monthly Income, and Form 122C-2, the Chapter 13 Calculation of Your Disposable Income, and add a Chapter 13 plan. Under 11 U.S.C. § 1321, the debtor shall file a plan; many districts require their own local plan form.

Where do I get the official forms?

Court checklists point filers to the federal judiciary's bankruptcy forms page at uscourts.gov, and note that local forms live on the individual district's own forms page. The District of New Hampshire adds that forms can also be purchased from its Clerk's Office for $8.00, and cautions that all official and local bankruptcy forms are subject to change, so use the most current version.

Sources

• 11 U.S.C. § 521 — Debtor's duties · official source
• 11 U.S.C. § 707 — Dismissal of a case or conversion to a case under chapter 11 or 13 · official source
• 11 U.S.C. § 527 — Disclosures · official source
• 11 U.S.C. § 342 — Notice · official source
• 11 U.S.C. § 523 — Exceptions to discharge · official source
• 11 U.S.C. § 507 — Priorities · official source
• 11 U.S.C. § 1321 — Filing of plan
• 28 U.S.C. § 1930(a)(1)(A), (f)(1) — Chapter 7 statutory filing fee
• 28 U.S.C. § 1930(a)(1)(B) — Chapter 13 statutory filing fee
• Bankruptcy Court Miscellaneous Fee Schedule, Item 8 — Administrative fee
• Bankruptcy Court Miscellaneous Fee Schedule, Item 9 — Chapter 7 trustee surcharge
• Bankr. E.D. Mich. official guidance — Chapter 7 Checklist.pdf
• Bankr. E.D. Mich. official page — Chapter 7 Filing Requirements and Time Limits [https://www.mieb.uscourts.gov/chapter-7-filing-requirements-and-time-limits]
• Bankr. W.D. Mich. official guidance — Chapter 7 Filing Checklist
• Bankr. W.D. Mich. official guidance — Filing Checklists (for Individuals)
• Bankr. D. Minn. official guidance — Chapter 7 Individual Filing Requirements
• Chapter 7 Pro Se Filer Document Checklist — Bankr. D. Mont.
• COB official page — Chapter 7 Voluntary Petition Packet
• COB official page — Chapter 13 Voluntary Petition Packet
• Bankr. N.D. Ill. official page — eSR Chapter 7 Checklist
• Bankr. M.D. La. official guidance — Chapter 7 Petition Checklist
• Bankr. D. Md. official page — Required forms for Chapter 7 and Chapter 13 filings
• N.D. Fla. LBR 1007-1
• E.D. Wash. LBR 1007-1
• Bankr. S.D. Iowa official guidance — List of Required Forms and Fees to File for Bankruptcy
• Chapter 7 Pro Se Short Guide — Bankr. D.N.H.
• Bankr. N.D. Iowa official page — Chapter 7 Filing Requirements

Related

• Build your personalised roadmap
• Find your local bankruptcy court
• Chapter 7
• The means test, explained
• Exemptions: what they protect
• Which debts get discharged