Chapter 7 Bankruptcy Filing Checklist

Court: United States Bankruptcy Court for the [________________________________]

Case Number: [________________________________] (assigned after filing)

Debtor(s): [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Pre-Filing Requirements

Credit Counseling Requirement (11 U.S.C. § 109(h))

☐ Credit counseling completed within 180 days before filing
☐ Course taken from U.S. Trustee-approved provider
☐ Certificate of completion obtained
☐ Certificate date: [__/__/____]
☐ Provider name: [________________________________]

Exceptions to Credit Counseling

☐ Exigent circumstances certification filed (temporary waiver)
☐ Debtor incapacitated
☐ Debtor on active military duty
☐ No approved provider available within reasonable distance

II. Eligibility Requirements

Chapter 7 Eligibility

☐ Debtor is individual, partnership, or corporation
☐ Debtor has not received Chapter 7 discharge within past 8 years
☐ Debtor has not received Chapter 13 discharge within past 6 years
☐ No prior case dismissed within 180 days for certain reasons

Means Test (Individual Debtors)

☐ Current Monthly Income (CMI) calculated
☐ CMI compared to state median income
☐ If CMI is BELOW state median: Presumption of abuse does not arise
☐ If CMI is ABOVE state median: Complete full means test
☐ Means test result: ☐ Not Abusive ☐ Presumption of Abuse

State Median Income (Current Figures)

☐ State: [________________________________]
☐ Household size: [____]
☐ State median for household size: $[________________]
☐ Debtor's CMI: $[________________]

III. Required Forms at Filing

Core Petition Documents

☐ Voluntary Petition for Individuals (Official Form 101)
☐ All pages completed
☐ Signed by debtor(s)
☐ Signed by attorney

☐ Statement About Your Social Security Numbers (Official Form 121)
☐ Full SSN provided
☐ Submitted separately (not part of public record)

☐ Credit Counseling Certificate
☐ Original certificate attached

Schedules (Official Forms)

☐ Schedule A/B: Property (Official Form 106A/B)
☐ All real property listed
☐ All personal property listed
☐ Current values provided

☐ Schedule C: Property Claimed as Exempt (Official Form 106C)
☐ Federal exemptions OR state exemptions selected
☐ Exemption law: ☐ 11 U.S.C. § 522(b)(2) ☐ State law
☐ All exemptions properly claimed

☐ Schedule D: Creditors Who Hold Claims Secured by Property (Official Form 106D)
☐ All secured creditors listed
☐ Collateral described
☐ Claim amounts stated

☐ Schedule E/F: Creditors Who Have Unsecured Claims (Official Form 106E/F)
☐ Priority creditors listed (Part 1)
☐ Nonpriority creditors listed (Part 2)
☐ All creditors included

☐ Schedule G: Executory Contracts and Unexpired Leases (Official Form 106G)
☐ All contracts listed
☐ All leases listed

☐ Schedule H: Codebtors (Official Form 106H)
☐ All codebtors listed

☐ Schedule I: Your Income (Official Form 106I)
☐ Current income information
☐ Spouse income (if applicable, even if not filing jointly)

☐ Schedule J: Your Expenses (Official Form 106J)
☐ All monthly expenses listed
☐ Net monthly income calculated

Statements

☐ Statement of Financial Affairs (Official Form 107)
☐ All 28 parts completed
☐ Income history (2 years)
☐ Payments to creditors
☐ Lawsuits, garnishments, attachments
☐ Property transfers

☐ Statement of Intention (Official Form 108)
☐ Required for individual Chapter 7
☐ Intentions for secured property stated:
☐ Surrender
☐ Retain and redeem
☐ Reaffirm
☐ Retain (if applicable under state law)

Means Test Forms

☐ Chapter 7 Statement of Your Current Monthly Income (Official Form 122A-1)
☐ Income for 6 months prior to filing calculated
☐ Comparison to median income

☐ Statement of Exemption from Presumption of Abuse (Official Form 122A-1Supp)
☐ If claiming exemption (disability, veteran, non-consumer debts)

☐ Chapter 7 Means Test Calculation (Official Form 122A-2)
☐ Required only if income above median
☐ Allowable expenses calculated
☐ Disposable income determined

Additional Required Documents

☐ Creditor Address Matrix/Mailing Matrix
☐ All creditor names and addresses
☐ Proper format per court requirements

☐ Declaration Concerning Debtor's Schedules (Official Form 106Dec)
☐ Signed under penalty of perjury
☐ Dated

IV. Documents Required Within 14 Days of Filing

☐ Any schedules not filed with petition
☐ Any statements not filed with petition
☐ Pay stubs/Income evidence - 60 days before filing
☐ Statement of intention (if not filed with petition)

V. Documents Required Within 45 Days of Filing

☐ Federal tax return (most recently filed) or transcript
☐ Provide to trustee at least 7 days before 341 meeting
☐ Failure to provide = case dismissal

VI. Filing Fees

Fee Amounts (Verify Current Amounts)

☐ Chapter 7 Filing Fee: $338.00 (as of 2024)
☐ Payment method:
☐ Full payment at filing
☐ Installment application (Official Form 103A)
☐ Fee waiver application (Official Form 103B)

Installment Payment Option

☐ Application to Pay Filing Fee in Installments filed
☐ Number of installments: [____]
☐ Payment schedule established
☐ Must pay in full within 120 days (may extend to 180 days)

Fee Waiver (Individual Debtors Under Median)

☐ Income less than 150% of poverty guidelines
☐ Unable to pay fee in installments
☐ Application to Have Chapter 7 Filing Fee Waived filed
☐ Schedules I and J attached

VII. 341 Meeting of Creditors

Scheduling

☐ Meeting scheduled by court: [__/__/____]
☐ Time: [________________________________]
☐ Location: [________________________________]
☐ Must be held 21-40 days after filing

Required Documents for Trustee (7 Days Before Meeting)

☐ Photo identification (government-issued)
☐ Proof of Social Security number
☐ Most recent federal tax return
☐ Pay stubs for 60 days before filing
☐ Bank statements
☐ Vehicle titles
☐ Real estate documents

Debtor Attendance

☐ Debtor must attend in person (or virtually if permitted)
☐ Joint debtors both must attend
☐ Attorney must attend

VIII. Post-Filing Requirements

Statement of Intention (Individual Debtors)

☐ Filed within 30 days of petition (or with petition)
☐ Must perform intention within 45 days of 341 meeting

Debtor Education Course

☐ Course taken from U.S. Trustee-approved provider
☐ Completed AFTER filing
☐ Certificate of completion filed
☐ Required for discharge
☐ Must file within 60 days after 341 meeting

Reaffirmation Agreements

☐ If reaffirming secured debt:
☐ Reaffirmation agreement signed
☐ Filed with court before discharge
☐ Attorney certification or court hearing (if unrepresented)

IX. Asset/No-Asset Case

No-Asset Case

☐ Trustee determines no non-exempt assets
☐ No claims bar date set
☐ Case proceeds to discharge

Asset Case

☐ Trustee identifies non-exempt assets
☐ Claims bar date set: [__/__/____]
☐ Creditors file proofs of claim
☐ Asset distribution after liquidation

X. Automatic Stay (11 U.S.C. § 362)

Automatic Stay in Effect

☐ Filing triggers automatic stay
☐ Creditor collection stopped
☐ Lawsuits stayed
☐ Wage garnishments stopped

Prior Filings - Limited Stay

☐ Case dismissed within past year:
☐ Stay terminates in 30 days unless extended
☐ Motion to extend stay filed: ☐ Yes ☐ No
☐ Two cases dismissed within past year:
☐ No automatic stay
☐ Motion to impose stay filed: ☐ Yes ☐ No

XI. Discharge

Discharge Timing

☐ Approximately 60-90 days after 341 meeting (no-asset case)
☐ After distribution complete (asset case)

Discharge Exceptions (11 U.S.C. § 523)

☐ Student loans (unless undue hardship)
☐ Certain taxes
☐ Domestic support obligations
☐ Debts from fraud or willful injury
☐ Criminal fines and restitution
☐ Other non-dischargeable debts

Debts Discharged

☐ Credit card debt
☐ Medical bills
☐ Personal loans
☐ Utility bills
☐ Most unsecured debts

XII. Common Deadlines Summary

XIII. Quality Control Checklist

Before Filing

☐ Credit counseling certificate current (within 180 days)
☐ All assets disclosed
☐ All creditors listed
☐ Means test completed correctly
☐ Exemptions properly claimed
☐ All schedules accurate and complete
☐ All signatures obtained
☐ Filing fee or waiver application ready

After Filing

☐ Case number confirmed
☐ 341 meeting date confirmed
☐ Required documents gathered for trustee
☐ Debtor education course scheduled
☐ Client prepared for 341 meeting

XIV. Document Tracking Log

Sources and References

• U.S. Bankruptcy Court Official Forms: https://www.uscourts.gov/forms/bankruptcy-forms
• U.S. Trustee Program: https://www.justice.gov/ust
• Chapter 7 Basics: https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics
• Means Testing Information: https://www.justice.gov/ust/means-testing

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]