Individuals who are considering filing bankruptcy should understand the basics of bankruptcy before filing, including the credit counseling requirement, and understand which forms and information are required.
Understand the Basics
The Federal Judiciary provides information about the basics of bankruptcy and what you need to know if you are filing without an attorney. It is recommended that a person considering filing without an attorney review these resources, because the Court—both within Judges’ chambers and in the Clerk’s Office—is prohibited from providing legal advice (e.g., whether to file, what chapter to file under, or the meaning of a particular statute or rule).
Finding an Attorney: An attorney can give you legal advice about what can happen as a result of filing bankruptcy and explain your options. If you do file bankruptcy, an attorney will prepare the necessary documents and help you navigate the legal process. If you are interested in filing bankruptcy and want the assistance of an attorney, there are several resources that may assist in finding counsel. Based on your residence, you may consider contacting the local bar association for a list of bankruptcy practitioners. Further, if you are a low-income individual, you may be able to obtain assistance from a Legal Aid or similar non-profit group.
Obtain Credit Counseling
Prior to filing, each individual debtor in bankruptcy is required to complete a credit counseling course, and the certificate from that course must be filed within the case. The Office of the United States Trustee maintains a list of approved credit counseling agencies.
Subject to certain rare exceptions, the credit counseling must be completed within 180 days before filing bankruptcy. There are consequences for failure to complete the credit counseling course before you file: your case may be dismissed without refund of any filing fee paid, and you will not receive a discharge of your debts.
Prepare The Required Forms
Filing a bankruptcy petition involves the submission of certain standard forms. The Federal Judiciary provides a checklist of Official Forms required for each chapter of bankruptcy, and Official Forms can be located on uscourts.gov. Guidance for completing the "Means Test" is maintained by the Office of the United States Trustee.
Alternatively, Official Forms may be prepared electronically through the Court’s Electronic Self Representation portal. Electronic Self-Representation, or eSR, is an online tool available to help individuals prepare a chapter 7 or chapter 13 bankruptcy petition package when they have decided to file bankruptcy without an attorney. eSR asks the user a series of questions and uses the data entered to automatically fill out official forms. After each section is completed, the forms are available for viewing by the user and submission to the Court electronically. More information about the eSR process can be found here.
Whether you decide to complete the Official Forms manually or utilize the eSR program, the Court requires the submission of the following additional documents in individual cases:
- Statement of Related Cases (LBR Form 1015-2)
- A list of your creditors’ names and addresses
- Verification of the List of Creditors (LBR Form 1007-2)
- Chapter 13 Plan (if filing under chapter 13)
The Clerk’s Office cannot help you complete these forms, tell you whether you should file for bankruptcy or what chapter to file, or advise as to the legal consequences of filing under specific chapters.
Non-Attorney Petition Preparers: If you file bankruptcy without an attorney, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They cannot give you legal advice, explain answers to legal questions, or assist you in bankruptcy court. A petition preparer must sign all documents they prepare for you; print their name, address and social security number on the documents; and provide you with a copy of all documents. They cannot sign documents on your behalf or receive payment for court fees. You are required to disclose if you receive assistance from a bankruptcy petition preparer.
Bankruptcy Rule 1006(a) requires every petition to be accompanied by the filing fee required by law.
However, an individual debtor who files under chapter 7 and meets certain eligibility requirements may apply for a fee waiver by filing an Application for Waiver of Chapter 7 Filing Fee. An individual debtor may alternatively file an Application to Pay Filing Fee in Installments, dividing the filing fee into as many as 4 installments.