Bankruptcy Petition - Chapter 7

CHAPTER 7 FILING-PREPARATION WORKBOOK — ALABAMA

This workbook is an intake and quality-control aid for an individual debtor. It is not a bankruptcy petition, Schedule C, creditor matrix, declaration, or local court form. Prepare and file fresh copies of the current Official Bankruptcy Forms and every form required by the selected court.

1. Case Identification

Confirm the proper district and division, current filing fee, filing method, signature procedure, creditor-list format, and local requirements before filing. Do not caption a filing merely as the “District of Alabama.”

2. Pre-Filing Eligibility and Timing Review

☐ Confirm that each proposed debtor is eligible for Chapter 7 under 11 U.S.C. § 109(a) and (b).

☐ Confirm that each individual received the briefing required by 11 U.S.C. § 109(h) during the 180-day period ending on the filing date, or identify and document the exact statutory exception or temporary-certification route.

☐ Review all prior bankruptcy cases, dismissals, discharge dates, pending collection matters, domestic-support obligations, leases, secured debts, and anticipated transfers with bankruptcy counsel.

☐ Determine which exemption law applies under the domicile rules in 11 U.S.C. § 522(b)(3)(A). Alabama exemptions do not automatically apply merely because the case will be filed in Alabama.

☐ Download a fresh set of national and local forms immediately before filing. Do not rely on saved forms or the formatting in this workbook.

3. National Filing-Package Checklist

Use the current edition of each applicable Official Bankruptcy Form:

☐ Official Form 101 — Voluntary Petition for Individuals Filing for Bankruptcy.

☐ Official Forms 106 Summary, 106A/B through 106J or 106J-2 as applicable, and 106Dec.

☐ Official Form 107 — Statement of Financial Affairs for Individuals Filing for Bankruptcy.

☐ Official Form 108 — Statement of Intention for Individuals Filing Under Chapter 7.

☐ Official Form 121 — Statement About Your Social Security Numbers, submitted with the petition as Fed. R. Bankr. P. 1007(f) and the selected court's procedure require.

☐ Official Form 122A-1 and, when required, Official Form 122A-2.

☐ List of names and addresses for every entity included or to be included on Schedules D, E/F, G, and H, in the selected court's required format.

☐ Credit-counseling certificate and any repayment plan required by 11 U.S.C. § 521(b), or the correct statutory certification or exception request.

☐ Payment advices or other evidence of payment received from each employer during the 60 days before filing, unless the court orders otherwise.

☐ Filing fee, current installment application, or current Chapter 7 fee-waiver application, as applicable.

Fed. R. Bankr. P. 1007(a) requires the creditor-name-and-address list with a voluntary petition. Rule 1007(c) generally requires the documents identified in Rule 1007(b)(1) and (b)(4) with the petition or within 14 days after filing, but separate rules apply to credit-counseling documents and other items. A “14-day filing” plan must be reviewed against the current rule and local requirements; it is not a blanket extension.

4. Information Collection

People, Income, and Expenses

Property and Transactions

Debts and Contracts

5. Alabama Exemption Review — Schedule C Preparation

Alabama has opted out of the federal exemptions listed in 11 U.S.C. § 522(d). If Alabama law applies under § 522(b)(3), Ala. Code § 6-10-11 permits the debtor to use Alabama exemptions and applicable federal nonbankruptcy exemptions, not § 522(d).

For a bankruptcy petition filed on or after June 1, 2026:

• The standard adjusted homestead exemption is $18,800 per qualifying owner. Ala. Code §§ 6-10-2 and 6-10-12; Alabama State Treasurer's July 1, 2023 adjustment, applicable to exemptions claimed on or after April 1, 2024.
• A resident who is 62 or older or an individual with a disability as defined and documented under Ala. Code § 6-10-2 may claim the statute's $56,400 homestead amount. Act 2026-203 (HB 96), effective June 1, 2026.
• The adjusted general personal-property exemption is $9,400, excluding wages, plus the separately described apparel, family pictures, and family books. Ala. Code §§ 6-10-6 and 6-10-12.
• Joint ownership does not itself create a single doubled exemption; § 6-10-2 permits each joint owner to claim separately to the same extent and value as an unmarried individual.

Act 2026-203 makes the exemption law in effect on the bankruptcy petition date controlling for bankruptcy exemption amounts. The Treasurer publishes triennial adjustments under § 6-10-12. Verify the operative amount again on the proposed filing date.

Do not add a standalone “wildcard,” tools-of-trade, life-insurance, wage, retirement, or benefit row without identifying and verifying the law that applies to that asset and debtor. The § 6-10-6 personal-property exemption may be allocated among eligible personal property, but it is not an extra exemption added on top of a separate wildcard.

Schedule C Working Table

Transfer the final decisions to current Official Form 106C. Do not file this table as Schedule C.

6. Statement of Intention

If the schedules include debts secured by estate property, 11 U.S.C. § 521(a)(2) generally requires the statement of intention no later than 30 days after the petition or the date set for the § 341 meeting, whichever is earlier. The debtor generally must perform the stated intention within 30 days after the first date set for that meeting, subject to the statute and any court-allowed extension.

Do not promise reaffirmation, redemption, surrender, or continued payment in this workbook. Use Official Form 108 and obtain advice about the consequences of each election.

7. Trustee and Section 341 Preparation

Under Fed. R. Bankr. P. 4002 and 11 U.S.C. § 521:

☐ Bring government-issued photo identification and evidence of the debtor's Social Security number to the § 341 meeting, or the written statement permitted by Rule 4002(b)(1).

☐ Make current-income evidence available to the trustee.

☐ Unless instructed otherwise by the trustee or Bankruptcy Administrator, make available a statement for each depository or investment account covering the petition date.

☐ If required by 11 U.S.C. § 707(b)(2)(A) or (B), make documents supporting claimed monthly expenses available.

☐ At least seven days before the first date set for the § 341 meeting, provide the trustee the federal income-tax return, return transcript, or permitted written statement described in Rule 4002(b)(3) for the most recent tax year ending before the case for which a return was filed.

☐ Cooperate with the trustee and surrender estate property and recorded information as required by 11 U.S.C. § 521(a)(3) and (4).

The trustee or selected district may issue lawful case-specific instructions for additional documents. Follow the actual current written instructions; do not substitute an invented fixed list such as “two returns” or “six months of pay advices.”

8. Signature, Accuracy, and Filing Controls

☐ Reconcile names, addresses, account balances, values, creditor amounts, and ownership across all forms.

☐ Confirm every asset, debt, codebtor, lease, transfer, lawsuit, refund, and contingent interest identified during intake appears on the proper Official Form.

☐ Redact protected identifiers as required by the current forms, rules, and local filing procedure.

☐ Obtain every required debtor, joint debtor, attorney, and preparer signature. Do not add a notary block unless a current form or applicable rule requires one.

☐ Review every filing under Fed. R. Bankr. P. 9011 before presentation to the court.

☐ After filing, record the case number, trustee, § 341 meeting, deadlines, deficiency notices, and required debtor-education deadline.

9. Final Quality-Control Checklist

☐ Correct district and division selected.

☐ Current Official Forms used without recreating their declarations in this workbook.

☐ Creditor list matches Schedules D, E/F, G, and H.

☐ Exemption law and amounts rechecked for the actual petition date and domicile history.

☐ No unsupported local-rule certificate, wage-deduction order, trustee covenant, arbitration clause, indemnity, jury waiver, or contract boilerplate added.

☐ Filing fee treatment and every national, local, and case-specific deadline confirmed.

Sources and References

• Office of the Law Revision Counsel, current preliminary U.S. Code text for 11 U.S.C. § 109, § 521, and § 522.
• U.S. Government Publishing Office, Fed. R. Bankr. P. 1007 and 4002; U.S. Courts, current Federal Rules of Bankruptcy Procedure.
• U.S. Courts, forms for individual debtors and means-test forms.
• Alabama Legislature, Code of Alabama, including §§ 6-10-1, 6-10-2, 6-10-6, 6-10-11, and 6-10-12; HB 96 enrolled (Act 2026-203, effective June 1, 2026).
• Alabama State Treasurer, Consumer Price Index Law and published exemption adjustments.