Do I have to send the form to my creditors?

Yes. Official Form 108 states you must send copies to the creditors and lessors you list on the form. Some districts add a step: in the Eastern District of North Carolina, the debtor must serve the secured creditor and file a certificate of service with the clerk within seven days of filing the statement (E.D.N.C. LBR 1007-3). Check your district's local rules.

What happens if I do not file it, or do not do what I said?

Both carry district-level consequences. In the Eastern District of Virginia, the clerk monitors filing and issues a notice requiring the statement, a motion to extend, or attendance at a hearing to explain why the case should not be dismissed. In the Eastern District of North Carolina, failure to perform a stated intention can support an ex parte order lifting the stay and ordering turnover of the property.

Can I change my mind after filing the form?

Official Form 108 carries a checkbox for an amended filing, so the form contemplates being amended. Whether an amendment resolves a problem depends on timing and on your district's local rules, and on whether a creditor has already acted. This is a good question for a bankruptcy attorney in your district, particularly if the deadline has passed.

Does the discharge stop a lender from taking the collateral?

No. A discharge releases you from personal liability for dischargeable debts, but it does not prevent secured creditors from seizing collateral if payments are not kept up, and a valid lien such as a mortgage that was not eliminated in the case may still be enforced against the property afterward (U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide).

How much does it cost to file Chapter 7?

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. That is separate from anything redemption or a reaffirmed debt would cost you. Fee waivers and installments are handled through the court and are conditional.

Does the statement of intention apply to leased property too?

Yes. Official Form 108 must be completed if creditors have claims secured by your property or if you have leased personal property and the lease has not expired. The form includes a separate part for unexpired personal property leases, and copies go to the lessors you list as well as to the secured creditors.

Vehicles & secured debt

The Chapter 7 Statement of Intention for Secured Property

The statement of intention is Official Form 108, filed by Chapter 7 debtors who have property securing a debt or an unexpired personal property lease. For each secured creditor you say whether you intend to surrender the property, retain and redeem it, retain and reaffirm the debt, or retain it on some other explained basis. It is generally due within 30 days after the petition or by the meeting of creditors, whichever is earlier.

Key points

Official Form 108 lists each creditor with a claim secured by your property and states what you intend to do about that property.
The form is generally due within 30 days after the petition is filed or by the date set for the meeting of creditors, whichever comes first, unless the court extends the time for cause.
The four choices on the form are surrender, retain and redeem, retain and enter into a reaffirmation agreement, and retain on an explained basis.
Copies must go to the creditors and lessors you list, and some districts require a certificate of service filed with the court.
Redemption under 11 U.S.C. § 722 requires paying the allowed secured claim in full at the time of redemption, which usually means cash up front.

If you are filing Chapter 7 with a car loan, a mortgage, or a rent-to-own contract, the court needs to know what you plan to do about that property. The statement of intention is where you say it. This page explains what the form asks, when it is due, what each of the four choices means, and where local rules add steps.

How does the statement of intention actually work?

The statement of intention is Official Form 108, titled Statement of Intention for Individuals Filing Under Chapter 7. You must fill it out if creditors have claims secured by your property, or if you have leased personal property and the lease has not expired (Bankr. M.D. La. filing packet — Ch7_Vol_Petition_ Package-2026.pdf).

For each creditor you already listed in Part 1 of Schedule D, you identify the creditor, describe the collateral, and check one box: surrender the property; retain the property and redeem it; retain the property and enter into a reaffirmation agreement; or retain the property and explain what you intend instead. You also indicate whether you claimed that property as exempt on Schedule C.

The form is a declaration of intent, not a court order and not a transfer of anything. It tells the trustee and the secured creditor where you stand, and it starts the practical conversation about the collateral. If two married people file together, both are equally responsible for the information and both must sign and date the form.

Surrender the property.
Retain the property and redeem it.
Retain the property and enter into a reaffirmation agreement.
Retain the property and explain.

When is the form due, and what changes that deadline?

The instructions printed on Official Form 108 state that you must file it with the court within 30 days after you file your bankruptcy petition or by the date set for the meeting of creditors, whichever is earlier, unless the court extends the time for cause (Bankr. E.D. Mich. official guidance — A Guide for Pro Se Filers). Two things follow. First, an early meeting of creditors can pull the deadline in well short of 30 days. Second, the deadline can move, but only by court order, and only for cause.

Fed. R. Bankr. P. 1007 governs the timing of lists, schedules, statements and other documents in a bankruptcy case, and it provides for motions to extend the time to file. Some districts add their own extension procedure. In the Eastern District of Virginia, for example, a first motion to extend the time for filing a statement of intention has its own local track under E.D. Va. LBR 1007-3.

Do not assume a filing date until you check the notice your court issues in your case.

What sets the filing deadline
Trigger	Effect on the deadline
Petition filed	30 days from the petition date, per the Form 108 instructions
Meeting of creditors set earlier than day 30	The earlier meeting date controls
Motion to extend, granted for cause	The court sets a new date
Local rule with its own extension procedure	Follow the district's rule, e.g. E.D. Va. LBR 1007-3

What does federal law say about surrender, redemption, and reaffirmation?

Each box on the form connects to a different part of the Bankruptcy Code, and they carry different consequences.

Redemption is defined by 11 U.S.C. § 722. An individual debtor may redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if the property is exempt or has been abandoned, by paying the lienholder the amount of the allowed secured claim in full at the time of redemption. The Middle District of Alabama's pro se guide puts the practical point plainly: redemption means paying the current value of the property, and it takes cash up front.

How much that allowed secured claim is turns on 11 U.S.C. § 506. For an individual in Chapter 7 or 13, personal property securing an allowed claim is valued at replacement value as of the petition date, without deducting costs of sale, and for household goods that means the price a retail merchant would charge for property of that kind and condition.

Reaffirmation is governed by 11 U.S.C. § 524, which sets out extensive required disclosures.

Redemption: 11 U.S.C. § 722, paid in full at the time of redemption.
Valuation of the secured claim: 11 U.S.C. § 506, replacement value for personal property.
Reaffirmation: 11 U.S.C. § 524, with mandatory disclosures and, for unrepresented debtors, a court hearing.

What does reaffirming actually commit you to?

A reaffirmation agreement is a contract with a creditor by which a debtor becomes legally obligated to pay all or a portion of an otherwise dischargeable debt (U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide). It must be filed before the discharge is entered. A debtor entering into one without legal representation will need to attend a hearing before a judge to determine whether the agreement will be valid, and that guide states that debtors are strongly advised to consult legal counsel before agreeing to reaffirm a debt.

11 U.S.C. § 524 requires the agreement to carry specific disclosures, including a payment schedule and this warning: "Reaffirming a debt is a serious financial decision. The law requires you to take certain steps to make sure the decision is in your best interest. If these steps are not completed, the reaffirmation agreement is not effective, even though you have signed it."

The practical trade is real. A reaffirmed debt survives the discharge, so the protection the discharge would have given you on that debt is given up.

The agreement must be filed before the discharge is entered.
Unrepresented debtors generally attend a hearing for the judge to decide whether the agreement is valid.
A reaffirmed debt is one you remain personally obligated to pay after the case.

Where do state or local rules change what you have to do?

The form and the deadline are federal, but districts add steps, and those steps have teeth.

In the Eastern District of North Carolina, a Chapter 7 debtor required to file a statement of intention must serve a copy on the creditor whose claim is secured by the property, and must file a certificate of service with the clerk within seven days of filing the statement. That same rule provides that if the debtor fails to perform the stated intention, the court may, on motion of the affected creditor, enter an ex parte order lifting the stay of 11 U.S.C. § 362(a) and order turnover of the property (E.D.N.C. LBR 1007-3).

In the Eastern District of Virginia, the clerk monitors whether a statement of intention was filed and issues a notice requiring the debtor to file it or move to extend, or to attend a hearing to explain why the case should not be dismissed (E.D. Va. LBR 1007-3). In the Southern District of California, a trustee need not obtain the debtor's compliance if the trustee claims no interest in the listed property (S.D. Cal. LBR 1007-6).

State law is mostly relevant here through exemptions, which live on the state pages.

Service on the secured creditor, plus a certificate of service, may be required locally.
Failure to perform a stated intention can support stay relief and turnover in some districts.
A missing statement can trigger a clerk's notice and a dismissal hearing in some districts.

What does this look like in practice for a car or a house?

Take a car worth less than what you owe. Surrender means you give the collateral back and stop paying. Redemption under 11 U.S.C. § 722 means paying the allowed secured claim in full at the time of redemption, valued at replacement value under 11 U.S.C. § 506, which for most people means finding a lump sum or a redemption lender. Reaffirmation means signing a new contract under 11 U.S.C. § 524 and keeping the payments and the personal liability.

Surrendering also has procedural knock-on effects. In Hawaii, a creditor moving for stay relief does not have to attach an account statement if the debtor has indicated in the Chapter 7 statement of intention that the property will be surrendered (D. Haw. official local-rule publication — Local Bankruptcy Rules). In the Eastern District of Kentucky, a request to waive the stay under FRBP 4001(a)(4) can be granted where the request confirms that the debtor's statement of intention sets out an intent to surrender the property (KYEB LBR 4001-4).

What you write on the form is read and relied on.

Surrender: give the collateral back; the secured debt against you is dealt with in the case.
Redeem: pay the allowed secured claim in full at redemption, generally in cash.
Reaffirm: keep the property and remain personally liable under a new agreement.

What documents and information do you need to complete it?

Start with Schedule D. Official Form 108 asks you to work from the creditors you listed in Part 1 of Schedule D: Creditors Who Have Claims Secured by Property (Official Form 106D), and to fill in the creditor's name and a description of the property securing the debt.

You will also need Schedule C, because the form asks whether you claimed each item of property as exempt. Exemptions are not automatic; to exempt property you must list it on Schedule C, and if you do not list it, the trustee may sell it (Bankr. S.D. Iowa official guidance — Instructions - Bankruptcy Forms for Individuals).

Accuracy matters beyond this one form. 11 U.S.C. § 527 requires that debtors be told that all assets and liabilities must be completely and accurately disclosed, and that the replacement value of each asset as defined in section 506 must be stated where requested after reasonable inquiry.

Budget for filing costs alongside the paperwork: the Chapter 7 filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), plus a $78 administrative fee and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Items 8 and 9).

Schedule D (Official Form 106D) — the secured creditors you are describing.
Schedule C — whether each item is claimed exempt.
Loan or lease documents identifying the collateral and the creditor.
Addresses for every creditor and lessor listed, since you must send them copies.

What should you ask a lawyer about your statement of intention?

This form looks short and is not. Three of the four boxes commit you to something with a cost, and the local consequences of getting it wrong vary by district. These are the questions worth putting to a bankruptcy attorney in your district before you file.

Ask what the allowed secured claim on your car would be under 11 U.S.C. § 506, and whether redemption under 11 U.S.C. § 722 is realistic for you. Ask what your district requires after filing — service on the secured creditor, a certificate of service, a deadline the clerk monitors. Ask what happens locally if you state an intention and then do not carry it out, given rules like E.D.N.C. LBR 1007-3 that allow ex parte stay relief and turnover on a creditor's motion.

On reaffirmation, 11 U.S.C. § 524 itself directs that if you have questions about reaffirming a debt or what the law requires, you consult the attorney who helped negotiate the agreement, and if you have none, the judge will explain the effect at the hearing.

What is the replacement value of my collateral, and what would redemption cost?
Does my district require service and a certificate of service, and by when?
What are the local consequences if I state an intention and cannot perform it?
Is reaffirming this particular debt something I can afford on my post-filing budget?

Frequently asked questions

What is Official Form 108?: Official Form 108 is the Statement of Intention for Individuals Filing Under Chapter 7. You fill it out if creditors have claims secured by your property, or if you have leased personal property and the lease has not expired. For each secured creditor you describe the collateral, check what you intend to do with it, and say whether you claimed it as exempt on Schedule C.
When is the Chapter 7 statement of intention due?: The instructions on Official Form 108 state it must be filed within 30 days after the bankruptcy petition is filed, or by the date set for the meeting of creditors, whichever is earlier, unless the court extends the time for cause. Because an early creditors' meeting can shorten that window, read the notice your court issues in your case rather than assuming a full 30 days.
Do I have to send the form to my creditors?: Yes. Official Form 108 states you must send copies to the creditors and lessors you list on the form. Some districts add a step: in the Eastern District of North Carolina, the debtor must serve the secured creditor and file a certificate of service with the clerk within seven days of filing the statement (E.D.N.C. LBR 1007-3). Check your district's local rules.
What happens if I do not file it, or do not do what I said?: Both carry district-level consequences. In the Eastern District of Virginia, the clerk monitors filing and issues a notice requiring the statement, a motion to extend, or attendance at a hearing to explain why the case should not be dismissed. In the Eastern District of North Carolina, failure to perform a stated intention can support an ex parte order lifting the stay and ordering turnover of the property.
Can I change my mind after filing the form?: Official Form 108 carries a checkbox for an amended filing, so the form contemplates being amended. Whether an amendment resolves a problem depends on timing and on your district's local rules, and on whether a creditor has already acted. This is a good question for a bankruptcy attorney in your district, particularly if the deadline has passed.
Does the discharge stop a lender from taking the collateral?: No. A discharge releases you from personal liability for dischargeable debts, but it does not prevent secured creditors from seizing collateral if payments are not kept up, and a valid lien such as a mortgage that was not eliminated in the case may still be enforced against the property afterward (U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide).
How much does it cost to file Chapter 7?: 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. That is separate from anything redemption or a reaffirmed debt would cost you. Fee waivers and installments are handled through the court and are conditional.
Does the statement of intention apply to leased property too?: Yes. Official Form 108 must be completed if creditors have claims secured by your property or if you have leased personal property and the lease has not expired. The form includes a separate part for unexpired personal property leases, and copies go to the lessors you list as well as to the secured creditors.

Sources

11 U.S.C. § 722 — Redemption · official source
11 U.S.C. § 506 — Determination of secured status · official source
11 U.S.C. § 524 — Effect of discharge — reaffirmation disclosures · official source
11 U.S.C. § 527 — Disclosures · official source
11 U.S.C. § 362 — Automatic stay · official source
Fed. R. Bankr. P. 1007 — Lists, Schedules, Statements, and Other Documents; Time to File · official source
Bankr. M.D. La. filing packet — Ch7_Vol_Petition_ Package-2026.pdf — Official Form 108, Statement of Intention for Individuals Filing Under Chapter 7
Bankr. E.D. Mich. official guidance — A Guide for Pro Se Filers
E.D.N.C. LBR 1007-3 — Statement of Intention
E.D. Va. LBR 1007-3 — Statement of Intention
S.D. Cal. LBR 1007-6 — Consumer Debts Secured by Property of the Estate
KYEB LBR 4001-4 — Automatic Stay — Waiver Of
D. Haw. official local-rule publication — Local Bankruptcy Rules
U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide
Bankr. S.D. Iowa official guidance — Instructions - Bankruptcy Forms for Individuals
28 U.S.C. § 1930(a)(1)(A), (f)(1)
Bankruptcy Court Miscellaneous Fee Schedule, Item 8
Bankruptcy Court Miscellaneous Fee Schedule, Item 9

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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