How to File Bankruptcy: Complete Step by Step Guide
Filing bankruptcy requires completing credit counseling, gathering financial documents, preparing petition forms, filing with the court, attending a 341 meeting, and completing debtor education. The entire process takes 3-4 months for Chapter 7 and 3-5 years for Chapter 13. This guide walks through each step.
| Filing Step | Timeline | Cost |
|---|---|---|
| Credit counseling | 1-2 hours | $25-50 |
| Document gathering | 1-2 weeks | Free |
| Form completion | 1-2 weeks | Free or attorney fees |
| Court filing | Same day | $338 Chapter 7 or $313 Chapter 13 |
| 341 meeting | 30-45 days after filing | Free |
| Debtor education | 2 hours | $25-50 |
Step 1: Complete Credit Counseling
Federal law requires completing an approved credit counseling course within 180 days before filing bankruptcy. The course takes 60-90 minutes and can be done online, by phone, or in person. You receive a certificate upon completion that must be filed with your petition.
The Department of Justice maintains a list of approved credit counseling agencies at justice.gov. Costs range from $25 to $50, though fee waivers exist for those who cannot afford payment. Keep your certificate as you cannot file without it.
Step 2: Gather Required Documents
Bankruptcy requires extensive documentation of your financial situation. You need tax returns for the past two years, pay stubs covering six months, bank statements for all accounts, vehicle titles, mortgage statements, and a complete list of every debt you owe.
Gather statements for credit cards, medical bills, personal loans, and any other obligations. You need creditor names, addresses, account numbers, and current balances. Missing creditors may not have their debts discharged.
Additional Documents Needed
Collect documentation for any property you own including real estate deeds, vehicle registrations, retirement account statements, and life insurance policies with cash value. Provide proof of any income including wages, self-employment, Social Security, and child support received.
Step 3: Complete Bankruptcy Forms
Bankruptcy petitions require completing numerous official forms. The main forms include Schedule A/B for property, Schedule C for exemptions, Schedule D for secured debts, Schedule E/F for priority and unsecured debts, Schedule I for income, and Schedule J for expenses.
The means test form determines Chapter 7 eligibility by comparing your income to state median levels. Statement of Financial Affairs asks about transactions, lawsuits, and financial history over the past several years.
Forms are available free at uscourts.gov. Accuracy matters enormously. Errors or omissions can result in case dismissal or denial of discharge. Many people hire attorneys specifically to ensure forms are completed correctly.
Step 4: File Your Petition
File your completed petition with the bankruptcy court serving your district. Filing can be done electronically through an attorney or in person at the courthouse. The filing fee is $338 for Chapter 7 and $313 for Chapter 13 as of 2026.
The automatic stay takes effect immediately upon filing. Creditors must stop all collection activity including calls, letters, lawsuits, garnishments, and foreclosures. The court assigns a trustee to your case and schedules your 341 meeting.
Step 5: Attend 341 Meeting of Creditors
The 341 meeting occurs 30-45 days after filing. The trustee asks questions under oath about your petition, assets, debts, and financial situation. Creditors may attend and ask questions though most do not appear. Meetings typically last 5-10 minutes for straightforward cases.
Bring government-issued photo ID and proof of Social Security number. Answer questions honestly. The trustee verifies information in your petition and determines if assets exist to distribute to creditors.
After the 341 meeting, complete the required debtor education course. Once completed and filed with the court, Chapter 7 discharge typically comes within 60 days. Chapter 13 discharge comes after completing your 3-5 year repayment plan.
"The bankruptcy process seems intimidating but follows a predictable path. Preparation and honesty are the keys to a successful filing." — Jeffy Goetz, Bankruptcy Attorney
FAQ
Can I file bankruptcy without a lawyer?
Yes, filing pro se is legal. However, mistakes can result in case dismissal, loss of exemptions, or failure to discharge debts. Most bankruptcy courts recommend attorney representation for this reason.
How long does it take to file bankruptcy?
Preparing documents takes 2-4 weeks. After filing, Chapter 7 completes in 3-4 months. Chapter 13 requires 3-5 years of plan payments before discharge.
What documents do I need to file bankruptcy?
Tax returns for 2 years, pay stubs for 6 months, bank statements, vehicle titles, mortgage statements, and complete list of all debts with creditor contact information.
Can I file bankruptcy online?
Petitions must be filed with the federal bankruptcy court. Attorneys can file electronically. Pro se filers typically file in person at the courthouse clerk's office.
What happens after I file bankruptcy?
Automatic stay stops all collections immediately. You attend 341 meeting in 30-45 days. Complete debtor education. Chapter 7 discharge comes about 60 days after the meeting.
Can I keep my car if I file bankruptcy?
Usually yes. State exemptions protect vehicle equity up to specified amounts. If you owe more than the car is worth, you can reaffirm the loan and continue making payments.
Updated 2026-01-28