A bankruptcy case is commenced by the filing of a petition. You must also file a statement of your assets and liabilities, and schedules listing your creditors. If you choose to file a bankruptcy petition without the assistance of an attorney, you can obtain the required forms at most stationery stores or at http://www.uscourts.gov/bkforms/index.html.
There is a range of filing fees for bankruptcy cases, depending on the chapter of the bankruptcy code under which you file. Chapter 7, by far the most common form filed by individuals, involves an almost complete liquidation of the assets of the debtor, as well as a discharge of most debts. You must pay a fee of $274 to file a case under Chapter 7, which includes a $220 filing fee, a $39 miscellaneous fee, and a $15 trustee fee. For additional information on the different chapters of the bankruptcy code, please visit the Federal Judiciary's section on Bankruptcy Basics.
Federal courts have jurisdiction over all bankruptcy cases. Bankruptcy cases cannot be filed in state court. Bankruptcy cases are handled only on a federal level through one of the U.S. Bankruptcy Courts. Each of the 94 federal judicial districts handles bankruptcy cases. For further information about bankruptcies, or a bankruptcy case, you will need to contact the bankruptcy court that will handle the bankruptcy.
Bankruptcy case information can also be found online through the Public Access to Court Electronic Records (PACER) system at http://pacer.psc.uscourts.gov. Please note there is a user fee for accessing information through the PACER system.
If you have questions about filing for bankruptcy, we recommend consulting with a licensed attorney who specializes in bankruptcy law. For information on obtaining legal advice, please click here.
Bankruptcy – How to File
