How to File Bankruptcy, Step by Step

Filing for bankruptcy is a fixed sequence of federal steps, and the order is not optional. Counseling comes before the petition. The fee comes with the petition. The trustee's meeting comes after. The second course comes before discharge. Most of the trouble people run into is not the law itself; it is doing a step out of order or leaving something off a form signed under penalty of perjury. Here is the whole sequence, and what "filing online" really means.

Key points

• The forms are free from the U.S. Courts. Anyone charging for the forms themselves is charging for something free.
• "Online" means preparing the forms on a computer. The case is still filed in a federal bankruptcy court; there is no consumer website that files it for you.
• The petition triggers the automatic stay the moment it is filed. Everything after that runs on court deadlines.
• Both counseling courses must come from a DOJ-approved provider. A certificate from anyone else does not count.
• The schedules are signed under penalty of perjury. Leaving out an asset, an income source, or a recent transfer is the mistake that costs people their discharge.
• Chapter 7 typically takes about four to six months from filing to discharge. Chapter 13 takes three to five years because the discharge comes after the plan.

Step 0: Confirm the chapter and the court

Before any form, two facts. First, which chapter: do I qualify for Chapter 7 covers the means-test screen; Chapter 7 vs. Chapter 13 covers the fork. Second, which court: bankruptcy is federal, and the case is filed in the district that serves the county where the filer lives. The federal court finder identifies it. That district's website lists its local rules and any local forms it requires in addition to the national ones. Many courts require local forms, and the U.S. Courts specifically advise checking the court's website before filing anything.

The sequence

1. 1. Credit counseling briefing (within 180 days before filing)

   A briefing from a provider approved by the U.S. Trustee Program (or the bankruptcy administrator in Alabama and North Carolina). Available online, by phone, or in person, usually about an hour. The provider issues a certificate that is filed with the petition. Under 11 U.S.C. §109(h), a case filed without it is generally dismissed, with only a narrow exigent-circumstances deferral. Use the DOJ approved provider list; published estimates put the cost at about $0 to $50, and approved providers must serve people regardless of ability to pay.

2. 2. Gather documents

   The forms ask for every creditor with an address and balance, every income source, every asset, and monthly expenses in detail. The trustee will also want the most recent tax return and pay records from the 60 days before filing. The bankruptcy document checklist is the working list.

3. 3. Complete the official forms

   Individuals use the 100-series forms from the U.S. Courts bankruptcy forms page: the voluntary petition, the schedules of assets and liabilities (A/B through J), the statement of financial affairs, the statement of intention for secured debts, the creditor mailing list, and the means-test forms (122A for Chapter 7, 122C for Chapter 13). The means-test forms pull their median-income and expense figures from the U.S. Trustee's means-testing page for the date of filing.

4. 4. File the petition and pay the fee

   Attorneys file electronically through the court's CM/ECF system. Filers without a lawyer generally file paper at the clerk's office or by mail; some districts offer an electronic self-representation tool for Chapter 7, listed on the district's website. The fee is $338 for Chapter 7 and $313 for Chapter 13 under the federal fee schedule. Individuals may ask to pay in up to four installments within 120 days, and Chapter 7 filers with income under 150 percent of the poverty line who cannot pay in installments may apply for a waiver under 28 U.S.C. §1930(f). The automatic stay begins the moment the petition is accepted.

5. 5. The trustee is appointed and notices go out

   The court assigns a case trustee and mails notice of the case to every creditor on the mailing list. This is why the creditor list has to be complete: a creditor who is not on it is not told about the stay or the discharge.

6. 6. Attend the 341 meeting of creditors

   Held 21 to 40 days after filing in Chapter 7 (21 to 50 in Chapter 13), often by phone or video. The trustee puts the filer under oath and asks about the schedules; creditors may attend but usually do not. Judges are barred from attending. Bring government ID, proof of Social Security number, and the documents the trustee's notice requests. Preparation is on the 341 meeting and the 341 meeting prep checklist.

7. 7. Complete the debtor education course

   The second required course, from an approved provider, taken after filing. In Chapter 7 the certificate is due within 60 days after the first date set for the 341 meeting; the court will not enter a discharge without it. In Chapter 13 it is due before the last plan payment.

8. 8. Discharge

   In Chapter 7, the discharge order is typically entered 60 to 90 days after the first date set for the 341 meeting, unless someone objects. In Chapter 13, it comes after all plan payments are completed. The discharge releases personal liability for most debts; some debts survive it. See the bankruptcy discharge and debts not discharged.

Can I file bankruptcy online?

What Chapter 13 adds to the sequence

Chapter 13 follows the same spine with three additions. A proposed repayment plan is due with the petition or within 14 days. Plan payments to the trustee must begin within 30 days of filing, before the plan is even confirmed. And a confirmation hearing is held no later than 45 days after the 341 meeting, where the judge decides whether the plan is feasible and meets the Code's tests. Details are on Chapter 13, explained.

Documents checklist

Common mistakes to avoid

• ✕Filing before completing the counseling briefing. The case is generally dismissed and the fee is not refunded.
• ✕Leaving a creditor off the mailing list. That creditor is not notified of the stay or the discharge.
• ✕Guessing at asset values or omitting an account. The schedules are signed under penalty of perjury and the trustee compares them to bank records.
• ✕Missing the 14-day deadline for schedules after a skeleton filing, or the 60-day debtor-education deadline after the 341 meeting.
• ✕Using an unapproved counseling provider found through an ad.
• ✕Paying a non-attorney petition preparer to “handle the case.” Under 11 U.S.C. §110 they may only type answers into forms.

Frequently asked questions

What are the steps to file for bankruptcy?

Credit counseling from an approved provider within 180 days before filing; completing the free official forms; filing them with the bankruptcy court for your district and paying the fee or applying for installments or a waiver; attending the 341 meeting of creditors 21 to 40 days later; completing a debtor education course; and receiving the discharge, which in Chapter 7 typically comes 60 to 90 days after the 341 meeting.

Can I file for bankruptcy online?

Preparation can be done online, and some districts offer an electronic self-representation tool for Chapter 7 filers, but the case is filed in a federal bankruptcy court, not on a website. Attorneys file through CM/ECF; most pro se filers file paper at the clerk's office or by mail. The nonprofit Upsolve prepares Chapter 7 forms free for eligible users, who then file them themselves.

How long does it take to file bankruptcy and get a discharge?

Preparing a Chapter 7 case usually takes a few weeks of gathering documents. After filing, the 341 meeting is 21 to 40 days out and the discharge typically follows 60 to 90 days after that, so roughly four to six months in total. Chapter 13 takes three to five years because the discharge comes after the plan is paid.

How much does it cost to file for bankruptcy?

The court fee is $338 for Chapter 7 and $313 for Chapter 13 under the federal fee schedule in force since December 1, 2023. Add roughly $0 to $50 per course for the two required counseling courses, and an attorney fee if a lawyer is hired. Installments and, in Chapter 7, a full fee waiver are available to those who qualify. See the full cost breakdown for published attorney-fee estimates.

Do I have to go to court to file bankruptcy?

Usually the only required appearance is the 341 meeting of creditors, which is run by the trustee, not a judge, and is often held by phone or video. Chapter 13 filers may also have a confirmation hearing. A judge becomes involved only if a creditor objects or a motion is filed.

What happens if I make a mistake on my bankruptcy forms?

Honest errors can be fixed by filing amended schedules, for which the court charges a small fee. Omissions that look intentional, such as an undisclosed asset or transfer, can lead to a denied discharge or, in serious cases, a referral for bankruptcy fraud. When in doubt, disclose and explain.

When to talk to a professional