Filing a Voluntary Petition

Section 301 -- the first step in every bankruptcy case

About This Site

Every bankruptcy case begins with the filing of a voluntary petition under 11 U.S.C. Section 301 (or, rarely, an involuntary petition under Section 303). The voluntary petition is the document that creates the bankruptcy estate, triggers the automatic stay, and brings the debtor under the protection of the bankruptcy court. It is Official Form 101 for individuals and Official Form 201 for non-individuals.

This site will walk through the entire petition process: what documents are required, what information must be disclosed, what fees are involved, and what happens in the hours and days after filing. We will cover the schedules (A/B through J), the Statement of Financial Affairs, the means test form (Form 122A or 122C), and the credit counseling certificate requirement.

We will also address common filing mistakes -- bare petitions filed without schedules, incorrect venue selection, missing credit counseling certificates, and failure to list all creditors -- and explain how these errors can delay or derail a case before it really begins.

Part of the Bankruptcy Transparency Network -- a growing collection of free, open-source bankruptcy information sites built on public court data. No advertising, no lead generation, no attorney referral fees. Real information, no strings.

Check Your Bankruptcy Discharge Eligibility

Use the free screener at 1328f.com to check whether federal timing bars affect your ability to receive a bankruptcy discharge.

Explore Filing Topics

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Related Resources

The 341 Meeting -- What to expect at your meeting of creditors

The Automatic Stay -- How Section 362 stops creditor collection the moment you file

The Means Test -- Section 707(b) income test for Chapter 7 eligibility

Federal Rules Committee

This research supports Suggestion 26-BK-3 to the Advisory Committee on Bankruptcy Rules

Proposing automated Section 1328(f) discharge bar screening in federal bankruptcy courts