Is Form 101 the same as Form B101?

Yes. Court checklists use both labels for the same document, the Voluntary Petition for Individuals Filing for Bankruptcy. Maryland's required-forms page lists it as "Voluntary petition (B101)" while Colorado's packet calls it "Official Form 101," and both link to the same national form. Non-individuals such as corporations and LLCs use Official Form 201 instead.

Do I have to complete credit counseling before I file?

In general, yes. One district's guidance states that before filing you must receive a briefing about credit counseling from an approved agency within 180 days before you file, that spouses filing together must each receive a briefing, and that failure to do so will almost certainly result in the case being dismissed. The briefing can be one-on-one or in a group, by telephone, or by internet.

What if I have the counseling briefing but not the certificate yet?

Some districts allow a short gap. Under one local rule, a debtor who received the required briefing but does not have the certificate when the petition is filed states that on the petition and files the certificate within 14 days. Separate provisions cover debtors who could not complete counseling despite meaningful efforts, or who are unable to due to incapacity, disability, or active military duty in a combat zone.

Can I file the petition alone and send the rest later?

Sometimes, but the rest still comes due. Districts describe a "bare bone" or "skeletal" filing with starred minimum items, and several publish 14-day deadlines for the schedules, the statement of financial affairs, and the declaration about the schedules. A local rule allows the clerk to refuse a case that does not meet minimum filing requirements, and permits the court to strike an accepted one without notice.

What if I need to change something on the petition after filing?

Petitions, lists, schedules, and statements can be amended. One district's rule requires an amendment to carry the case caption, the case number, and a title including the word "AMENDED" or "AMENDMENT," to be served on any official committee and any affected entity or creditor, and to be accompanied by a certification of service. Formats and notice duties vary by district, so check your local rule.

Is a voluntary petition different from one filed against me by creditors?

Yes, substantially. A voluntary case you file commences the case and constitutes the order for relief immediately under 11 U.S.C. § 301. An involuntary case can only be commenced under Chapter 7 or 11, is filed by creditors meeting statutory thresholds, must be served with a summons, and the order for relief is not entered on filing. You may file an answer contesting it under 11 U.S.C. § 303.

Do I sign the petition under oath?

The petition carries signature requirements, and the disclosures Congress mandated for consumers state that all information you provide with a petition and afterward must be complete, accurate, and truthful, and that it may be audited. One district treats a case opened with an unsigned petition as a nullity, dismissed without notice or hearing, and another reminds filers to sign every page that requires a signature.

Filing process & court procedure

Official Form 101: The Voluntary Petition That Starts a Bankruptcy Case

Official Form 101, the Voluntary Petition for Individuals Filing for Bankruptcy, is the document that opens a personal bankruptcy case. Under 11 U.S.C. § 301, a voluntary case is commenced by filing the petition with the bankruptcy court, and that filing itself constitutes an order for relief. The form identifies you, your district, your chapter, and your credit counseling status.

Key points

A voluntary case is commenced by filing the petition with the bankruptcy court, and the filing itself constitutes an order for relief under 11 U.S.C. § 301.
Married couples may file one petition together as a joint case under 11 U.S.C. § 302, and neither spouse can be pulled in without consent.
Form 101 rarely travels alone: districts commonly require the creditor list, Official Form 121, credit counseling documentation, and the fee or a fee application at the same time.
The Chapter 7 filing fee is $245 and the Chapter 13 filing fee is $235, each with separate administrative charges added at filing.
Everything on the petition is signed under penalty of perjury, so accuracy matters more than speed.

If you are looking at Official Form 101, you are looking at the single piece of paper that turns a decision into a case. It is nine pages of mostly factual questions: who you are, where you live, which chapter you are filing under, and whether you have done the required credit counseling briefing. This page walks through what the form does, what has to go with it, and where districts add their own requirements.

What does filing Official Form 101 actually do?

Filing the petition starts the case. The Bankruptcy Code is direct about it: a voluntary case is commenced by filing with the bankruptcy court a petition under that chapter by an entity that may be a debtor under it, and the commencement of a voluntary case constitutes an order for relief (11 U.S.C. § 301). That second half matters. In an involuntary case brought by creditors, the order for relief is not entered when the petition is filed and may require a hearing (11 U.S.C. § 303). In your own voluntary case, there is no waiting period, no approval step, and no judge deciding whether to let you in. The clerk accepts the petition, the case number is assigned, and the case exists. Everything that follows in bankruptcy, including the automatic stay and the trustee's appointment, hangs off that moment. Local rules confirm the same sequence: the minimum filing requirements to commence a voluntary case start with the petition on the current Official Form (N.D. Ind. L.B.R. B-1002-1).

The petition is the commencing document, not an application for permission.
Filing it constitutes the order for relief in a voluntary case.
An unsigned petition is treated as a nullity in at least one district and dismissed without hearing (ILCB LR 1002-1).

What information does Form 101 ask you for?

The form is organized in parts, and the early questions are identification. Part 1 asks for your full name exactly as it appears on your government-issued photo identification, any other names you have used in the last 8 years including married, maiden, assumed, trade, and doing-business-as names, your Employer Identification Number if you have one, and where you live along with your county (Bankr. E.D. La. official guidance — Chapter 7 Form Packet). Question 6 asks why you are choosing this district, with a checkbox for having lived in the district longer than any other over the last 180 days before filing, and space to explain another reason (U.S. Bankr. Ct. D. Alaska, The Forms Individuals and Married Couples Need to File Bankruptcy). Later parts cover the chapter you are filing under, prior bankruptcy filings, pending cases by anyone in your household, whether you rent and face an eviction judgment, your credit counseling status, and your signature. The instruction on the form is plain: answer every question, and if more space is needed, attach a separate sheet.

Names on the petition cannot be entered in ALL CAPITALS and cannot exceed 50 characters in the court's system (Bankr. S.D. Ind. official page — Chapter 7 Voluntary Petition (Individual/ Consumer Debt)).
Some districts ask you to include an email address and a contact or cell number on page 9 (Bankr. N.D. Ill. official guidance — Required Documents Chapter 13).
Bring the photo identification named on the form to your meeting with the trustee.

Can you and your spouse file one petition together?

Yes. A joint case is commenced by filing a single petition by an individual and that individual's spouse, and that filing constitutes the order for relief just as a solo petition does (11 U.S.C. § 302). The forms handle this by using Debtor 1 and Debtor 2. When a question asks whether you own a car, the answer is yes if either spouse owns one; where the form needs the spouses separated, it asks for Debtor 1 and Debtor 2 information side by side, and the same person must be Debtor 1 across every form in the case (Bankr. E.D. La. official guidance — Chapter 13 Form Packet). Two points are worth holding onto. First, one spouse cannot take the other into bankruptcy without that spouse's knowledge or consent. Second, a joint case is generally cheaper to administer and carries a single filing fee, though the court still decides the extent to which the two estates are consolidated (11 U.S.C. § 302). Both spouses are equally responsible for supplying correct information.

In a joint case each spouse must obtain their own credit counseling certificate (ILCB LR 1002-1).
Some districts require a separate Schedule J-2 if the spouses maintain separate households (COB official page — Chapter 7 Voluntary Petition Packet).

What else has to be filed with the petition?

The petition is the front door, not the whole house. District checklists converge on a similar starting bundle for an individual case: the petition itself, the names and addresses of all creditors filed with the petition, Official Form 121 stating your Social Security number, credit counseling documentation, and either the fee or an application to pay in installments or seek a waiver (Bankr. S.D. Iowa official guidance — List of Required Forms and Fees to File for Bankruptcy). A local rule frames the same list as minimum filing requirements to commence a case, and warns that the clerk may refuse a filing that does not comply, or that the court may strike it on its own motion without notice (N.D. Ind. L.B.R. B-1002-1). The schedules, the statement of financial affairs, and the income calculations follow, commonly within 14 days in the districts that publish deadlines (Bankr. E.D. Mich. official page — Chapter 11 Filing Requirements and Time Limits [https://www.mieb.uscourts.gov/chapter-11-filing-requirements-and-time-limits]). Filing a bare petition and nothing else is possible in some districts as an emergency measure, but the rest still comes due.

Commonly required at the time of filing for an individual case
Document	Official form	Source
Voluntary Petition for Individuals Filing for Bankruptcy	101	Bankr. D. Md. official page — Required forms for Chapter 7 and Chapter 13 filings
Statement About Your Social Security Numbers	121	Bankr. S.D. Iowa official guidance — List of Required Forms and Fees to File for Bankruptcy
Names and addresses of all creditors (mailing matrix)	Local format	ILCB LR 1002-1
Certificate of credit counseling	From the agency	Bankr. N.D. Ill. official guidance — Required Documents Chapter 13
Application to pay the fee in installments	103A	COB official page — Chapter 13 Voluntary Petition Packet
Application to have the Chapter 7 fee waived	103B	COB official page — Chapter 7 Voluntary Petition Packet

What does it cost to file the petition?

Two kinds of charges arrive together. The statutory filing fee for a Chapter 7 individual or joint case is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), and for Chapter 13 it is $235 (28 U.S.C. § 1930(a)(1)(B)). On top of that, courts collect an administrative fee of $78 in both Chapter 7 and Chapter 13 cases, plus a Chapter 7 trustee surcharge of $15 (Bankruptcy Court Miscellaneous Fee Schedule, Item 8; Bankruptcy Court Miscellaneous Fee Schedule, Item 9). That is why district checklists and docket text often show a single combined number rather than the statutory figure alone. If paying the full amount at filing is not realistic, an individual may file a signed application for court approval to pay in installments using Official Form 103A, and a Chapter 7 filer may apply for a waiver using Official Form 103B (Bankr. S.D. Iowa official guidance — List of Required Forms and Fees to File for Bankruptcy). The statutory Chapter 7 waiver does not extend to Chapter 13.

Fees collected when an individual petition is filed
Charge	Chapter 7	Chapter 13
Statutory filing fee	$245	$235
Administrative fee	$78	$78
Trustee surcharge	$15	Not listed

Where do local rules change how the petition is filed?

The form is national; the counter is local. Districts differ on how the petition reaches the court and what must accompany it. One district requires petitions to be filed by electronic means, with paper filing reserved for pro se debtors and attorneys who have not completed CM/ECF training (P.R. LBR 1002-1). Another requires a copy of the front and back of a photo ID to open the case, and asks that the mailing matrix be typed in a specific format (Bankr. N.D. Ill. official guidance — Required Documents Chapter 13; Bankr. D. Md. official page — Required forms for Chapter 7 and Chapter 13 filings). Several districts warn that a case filed without the mailing matrix, or without a motion to extend time for cause, may be dismissed without notice or hearing (ILCB LR 1002-1). Deadlines for the follow-on documents also vary. Check your own court's filing requirements page before you file, and see the state hub and the court finder for where your district and division sit.

Electronic versus paper filing rules vary by district and by whether you are represented.
Mailing matrix format is a local requirement and a common reason filings are rejected.
Social Security numbers are redacted everywhere except on Official Form 121 (Bankr. S.D. Ind. official page — Chapter 13 Voluntary Petition (Individual/ Consumer Debt)).

What happens after the clerk accepts the petition?

In an electronically filed case, the docketing sequence ends with a screen confirming the case has been opened. The filer verifies the final docket text, submits, and a Notice of Electronic Filing displays with the document number; copies go by email to everyone in the case set up for electronic notice (Bankr. S.D. Ind. official page — Chapter 7 Voluntary Petition (Individual/ Consumer Debt)). A separate Notice of Bankruptcy Case Filing screen shows the assigned case number along with the charges due (Bankr. S.D. Ga. official guidance — Click here to view the CM/ECF Attorney User Manual). From there the case moves into administration: the trustee's meeting, the remaining schedules and statements, and in Chapter 13 the plan. If required documents never arrive, dismissal is a real risk. A case is often dismissed when the debtor fails to do something required, such as appearing at the creditors' meeting or answering the trustee's questions honestly, and dismissal by itself does not free a debtor from any debt (U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide).

What should you ask a lawyer about the petition?

The petition looks like a form, and most of it is. The risk sits in the judgment calls behind the boxes: which chapter to check, which district is correct, how to describe prior filings, and whether anything in your last several years of financial life needs to be disclosed in a particular way. Everything you file is required to be complete, accurate, and truthful, all assets and liabilities must be completely and accurately disclosed, and the information you provide may be audited, with failure to provide it risking dismissal or other sanction including a criminal sanction (11 U.S.C. § 527). That is the language Congress required be given to consumers in writing, and it is a fair summary of the stakes. If you use a non-attorney petition preparer, that person must sign the document, print their name and address, and give you written notice that they are not an attorney and may not give legal advice (11 U.S.C. § 110).

Which chapter fits my situation, and what changes if I check the other box?
Is this the right district given where I have lived over the last 180 days?
Do any prior or pending cases affect what I can file now?
Have I disclosed every name, address, and asset the form is asking about?
What happens in my district if a required document is late?

Frequently asked questions

Is Form 101 the same as Form B101?: Yes. Court checklists use both labels for the same document, the Voluntary Petition for Individuals Filing for Bankruptcy. Maryland's required-forms page lists it as "Voluntary petition (B101)" while Colorado's packet calls it "Official Form 101," and both link to the same national form. Non-individuals such as corporations and LLCs use Official Form 201 instead.
Do I have to complete credit counseling before I file?: In general, yes. One district's guidance states that before filing you must receive a briefing about credit counseling from an approved agency within 180 days before you file, that spouses filing together must each receive a briefing, and that failure to do so will almost certainly result in the case being dismissed. The briefing can be one-on-one or in a group, by telephone, or by internet.
What if I have the counseling briefing but not the certificate yet?: Some districts allow a short gap. Under one local rule, a debtor who received the required briefing but does not have the certificate when the petition is filed states that on the petition and files the certificate within 14 days. Separate provisions cover debtors who could not complete counseling despite meaningful efforts, or who are unable to due to incapacity, disability, or active military duty in a combat zone.
Can I file the petition alone and send the rest later?: Sometimes, but the rest still comes due. Districts describe a "bare bone" or "skeletal" filing with starred minimum items, and several publish 14-day deadlines for the schedules, the statement of financial affairs, and the declaration about the schedules. A local rule allows the clerk to refuse a case that does not meet minimum filing requirements, and permits the court to strike an accepted one without notice.
What if I need to change something on the petition after filing?: Petitions, lists, schedules, and statements can be amended. One district's rule requires an amendment to carry the case caption, the case number, and a title including the word "AMENDED" or "AMENDMENT," to be served on any official committee and any affected entity or creditor, and to be accompanied by a certification of service. Formats and notice duties vary by district, so check your local rule.
Is a voluntary petition different from one filed against me by creditors?: Yes, substantially. A voluntary case you file commences the case and constitutes the order for relief immediately under 11 U.S.C. § 301. An involuntary case can only be commenced under Chapter 7 or 11, is filed by creditors meeting statutory thresholds, must be served with a summons, and the order for relief is not entered on filing. You may file an answer contesting it under 11 U.S.C. § 303.
Do I sign the petition under oath?: The petition carries signature requirements, and the disclosures Congress mandated for consumers state that all information you provide with a petition and afterward must be complete, accurate, and truthful, and that it may be audited. One district treats a case opened with an unsigned petition as a nullity, dismissed without notice or hearing, and another reminds filers to sign every page that requires a signature.

Sources

11 U.S.C. § 301 — Voluntary cases
11 U.S.C. § 302 — Joint cases · official source
11 U.S.C. § 303 — Involuntary cases
11 U.S.C. § 527 — Disclosures · official source
11 U.S.C. § 110 — Penalty for persons who negligently or fraudulently prepare bankruptcy petitions · 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
N.D. Ind. L.B.R. B-1002-1 — Minimum Filing Requirements to Commence a Case
ILCB LR 1002-1 — Commencement of Voluntary Case
P.R. LBR 1002-1 — Petition – General
M.D. Pa. LBR 1009-1 — Amendments to Voluntary Petitions, Lists, Schedules, and Statements
Bankr. S.D. Iowa official guidance — List of Required Forms and Fees to File for Bankruptcy
Bankr. E.D. La. official guidance — Chapter 7 Form Packet
Bankr. E.D. La. official guidance — Chapter 13 Form Packet
U.S. Bankr. Ct. D. Alaska, The Forms Individuals and Married Couples Need to File Bankruptcy
Bankr. N.D. Ill. official guidance — Required Documents Chapter 13
COB official page — Chapter 7 Voluntary Petition Packet
COB official page — Chapter 13 Voluntary Petition Packet
Bankr. D. Md. official page — Required forms for Chapter 7 and Chapter 13 filings
Bankr. S.D. Ind. official page — Chapter 7 Voluntary Petition (Individual/ Consumer Debt)
Bankr. S.D. Ind. official page — Chapter 13 Voluntary Petition (Individual/ Consumer Debt)
Bankr. E.D. Mich. official page — Chapter 11 Filing Requirements and Time Limits [https://www.mieb.uscourts.gov/chapter-11-filing-requirements-and-time-limits]
Bankr. S.D. Ga. official guidance — Click here to view the CM/ECF Attorney User Manual
U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide

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

Last reviewed July 27, 2026 · Sources verified July 27, 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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