How to File for Bankruptcy, Step by Step

Filing for bankruptcy is a defined federal process, and you complete it in the same basic order everywhere: take a credit counseling course, pick the right chapter, fill out a standard set of forms, file them and pay the fee, attend one short meeting with a trustee, and receive your discharge. The rules come from the U.S. Bankruptcy Code, so the core steps are the same in every state, even though a few details vary by court district.

Before You File: Gather Your Financial Records

Almost every mistake in a bankruptcy case traces back to incomplete records, so start by collecting your paperwork. You will need your last two years of tax returns, roughly six months of pay stubs or other proof of income, recent bank statements, and a full list of what you owe: credit cards, medical bills, personal loans, your mortgage and car loan, and anything sent to collections. Pull a copy of your credit report to make sure no creditor gets left off.

You also need a picture of what you own. That means real estate, vehicles, bank balances, retirement accounts, and valuable personal property. The forms ask you to list everything, and under 11 U.S.C. § 521 accurate disclosure is a legal duty, not a suggestion. Leaving out an asset or a creditor can delay your case or put your discharge at risk, so gather it all up front rather than filing twice.

Complete Credit Counseling

Before you can file, federal law requires you to complete a credit counseling course from an agency approved by the U.S. Trustee Program. This requirement sits in the eligibility rules of 11 U.S.C. § 109, and it applies to nearly every individual filer. The session usually takes an hour or two, can be done online or by phone, and ends with a certificate you file with your case.

Timing matters. You generally must finish the course within the 180 days before you file, so do not take it too early. The counseling reviews your budget and any alternatives to bankruptcy, but completing it does not obligate you to file or to follow the agency's plan. This is a separate step from the debtor education course you take later, before your discharge.

Choose the Right Chapter

Most individuals file under one of two chapters. Chapter 7 wipes out qualifying unsecured debt in a few months but requires passing a means test and risks any property an exemption does not protect. Chapter 13 keeps all your property and reorganizes what you owe into a three-to-five-year repayment plan, which can also stop a foreclosure and let you catch up on mortgage arrears.

The right choice turns on your income, your assets, and what you are trying to protect. If deciding between the two is your real question, work through Chapter 13 bankruptcy versus Chapter 7 before you file, since the chapter you pick shapes every form and deadline that follows. Whichever route you take, many people also weigh the value of a bankruptcy lawyer for a Chapter 7 filing against filing on their own, especially when a house, a business, or non-exempt assets are involved.

How Much Money You Need to File

The unavoidable cost is the court filing fee, set nationally by the U.S. Courts.

For a consumer case that usually means $338 for Chapter 7 or $313 for Chapter 13. If you cannot pay all at once, the court can let you pay the fee in installments, and Chapter 7 filers under a set income threshold can ask the court to waive it entirely. Credit counseling and debtor education add small separate charges, and if you hire a lawyer, attorney fees are separate again and vary by location and case complexity. For a fuller breakdown, see how much it costs to file bankruptcy.

Fill Out and File Your Bankruptcy Forms

The heart of a bankruptcy case is a packet of official forms published by the U.S. Courts. Everyone starts with the Voluntary Petition, Form B101, which opens the case. From there you complete a set of schedules that turn your records into sworn lists:

• Schedule A/B (B106A/B) — all your real and personal property
• Schedule C (B106C) — the property you claim as exempt
• Schedules D and E/F (B106D, B106E/F) — your secured and unsecured creditors
• Schedules I and J (B106I, B106J) — your income and monthly expenses
• Statement of Financial Affairs (B107) — your recent financial history

Chapter 7 filers add the means test forms, B122A-1 and, if income is above the state median, B122A-2, plus a Statement of Intention (B108) for secured property such as a car. Chapter 13 filers instead complete B122C-1 and B122C-2 and propose a repayment plan on Form B113. You file the completed packet at the bankruptcy court for the district where you live. In the districts we track, electronic filing through the court's CM/ECF system is the norm, so many petitions are submitted online, often through an attorney. A full index of the paperwork lives on our bankruptcy forms page.

Attend the 341 Meeting of Creditors

After you file, the court schedules a meeting of creditors under 11 U.S.C. § 341. In the federal districts we track, it is typically held about 30 days after filing. Despite the name, creditors rarely show up. You meet with the trustee assigned to your case, who verifies your identity and asks questions under oath about your forms, your property, and your finances. Most consumer meetings last only a few minutes.

Formats have shifted in recent years, and many districts now run these meetings as a hybrid of in-person and remote sessions, so check the notice for whether yours is by video, by phone, or in a hearing room. Come prepared with your photo ID and Social Security card, since the trustee must confirm both. For what to bring and what the trustee typically asks, see our guide to the 341(a) meeting of creditors.

Getting Your Discharge

The discharge is the finish line: a court order that legally erases your personal liability for the debts bankruptcy can wipe out. In a Chapter 7 case the court enters it under 11 U.S.C. § 727, usually a couple of months after the 341 meeting, once the objection window has passed and nothing is outstanding. In Chapter 13 the discharge comes at the end, after you complete your repayment plan.

One task stands between the meeting and the order: the debtor education course. It is a second, separate class from the credit counseling you took before filing, and the court will not enter your discharge until you file the certificate showing you finished it. Once the discharge is entered, the covered debts are gone and creditors cannot try to collect them. If you are still weighing whether to begin at all, our explainer on what filing for bankruptcy is covers the basics before you commit to the process.