Warning: Because bankruptcy can have serious long-term financial and legal consequences, including loss of your property, individuals considering bankruptcy should hire an attorney and carefully consider all of your options before you file. Only an attorney can give you legal advice about what can happen as a result of filing for bankruptcy and what your options are. If you do file for bankruptcy, an attorney can help you fill out the forms properly and protect you, your family, your home, and your possessions.
Although the law allows you to represent yourself in bankruptcy Court, you should understand that many people find it difficult to represent themselves successfully. The rules are technical, and a mistake or inaction may harm you. If you file without an attorney, you are still responsible for knowing and following all of the legal requirements.
You should not file for bankruptcy if you are not eligible to file or if you do not intend to file the necessary documents.
Bankruptcy fraud is a serious crime; you could be fined and imprisoned if you commit fraud in your bankruptcy case. Making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to $250,000, or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.
Once you've prepared the necessary forms, you may submit your petition in person, by mail, or electronically.
Submitting the Petition
Gather Photo Identification
Individual debtors who are filing bankruptcy without an attorney must provide a copy of photo identification at the time of filing (this includes petitions filed in the mail). If the petition is a joint petition, copies of photo identification for both debtors must be provided. Only the following forms of photo ID will be accepted:
- A state driver’s license;
- A U.S. Passport;
- An ID card issued by a federal, state, or local government entity; or
- Military identification, a resident alien card, or a student identification card.
The ID must be current, legible, and include a photograph. If someone other than the debtor presents the petition for filing in the clerk’s office, they must provide a copy of the photo identification for each debtor as well as a copy of photo identification for themselves.
For more information, including for how to address a situation when ID isn’t available, please see Local Bankruptcy Rule 1002-1(b).
Submit In Person
Petitions may be submitted at the Clerk’s Office locations in Cincinnati, Columbus, and Dayton during business hours, Monday through Friday, 9 a.m. to 4 p.m. Directions to these courthouses, parking information, and policies relating to the entry of our courthouses can be located on the court locations page.
Submit Electronically
Official Forms that are prepared electronically through the Court’s Electronic Self Representation portal must be submitted using the portal, but the case is not considered filed upon submission. More information about the eSR process can be found here.
Submit In the Mail
All petitions may be submitted in the mail to the following addresses.
| Cincinnati | 221 East Fourth Street Atrium Two Suite 800 Cincinnati, Ohio 45202 |
| Columbus | 170 North High Street Columbus, Ohio 43215 |
| Dayton | 120 West Third Street Dayton, Ohio 45402 |
Pay the Filing Fee or File Corresponding Application
If you do not seek to waive the fee (an option only available in chapter 7) or pay it in installments, you must pay the case filing fee at case opening. This can be done via online payment, certified check, or money order. More information on submitting payment is available here.
Immediate Effect of Filing
Once your case is filed, it will be assigned a case number. That case number will need to be used on all forms and documents filed in your case. The case will also be assigned a Judge, who may have specific policies and procedures you must adhere to. Your case will also be assigned to a trustee. Trustees are not employees of the Court and are appointed by the Office of the United States Trustee. Information about the trustees can be found here.
Finally, when your case is filed, the Clerk of Court will issue a notice that contains important information, dates, and deadlines. Among those dates will be the date of your § 341 Meeting of Creditors. Be sure to read this notice carefully when it arrives.
The bankruptcy filing may protect you from collection activity. If contacted by a creditor after filing, a debtor should advise the creditor of the case filing, the location of the filing, and the case number.