Quick Answer
A voluntary petition is the document you file to start your bankruptcy case. It includes your name, address, Social Security number, the chapter you're filing under, and basic financial information. Filing the petition triggers the automatic stay protection in bankruptcy, which immediately stops most creditor actions.
The automatic stay is a court order that takes effect immediately when you file bankruptcy. It stops most collection actions, lawsuits, foreclosures, repossessions, wage garnishments, and creditor harassment. It remains in effect until the case is closed or the debt is discharged.
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 protection in bankruptcy, 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 bankruptcy means test guide 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. For a complete walkthrough of the filing process, see step-by-step bankruptcy filing guide.
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