What Documents Do You Need to File Bankruptcy?

What Documents Do You Need to File Bankruptcy?

By Bankruptcy for Foreclosure.com Editorial Team | Reviewed for legal context by David McNickel 

Filing bankruptcy requires specific financial and property documents. Here is a complete list of what you need to file, organized by category, with timing guidance.

The quality of a bankruptcy filing depends significantly on the completeness and accuracy of the documents provided. Errors or omissions in bankruptcy schedules can result in case dismissal, loss of exemptions, or creditor objections that complicate the case. In foreclosure situations, where timing is often tight, having documents organized and ready speeds the filing process.

Required Official Forms

All bankruptcy filers must complete a set of official forms available for free at the U.S. Courts website. These forms include the voluntary petition (Form 101), which is the document that creates the case; the declaration concerning debtor’s schedules (Form 106 Declaration), which certifies the accuracy of the schedules; the statement of financial affairs (Form 107), which discloses financial history; and if applicable, the statement of intention for individuals filing Chapter 7 (Form 108), which states whether you intend to surrender, reaffirm, or redeem secured property.

Chapter 13 filers must also complete and file the proposed Chapter 13 plan, using either the local plan form or the national Chapter 13 plan form, depending on the court’s local rules.

Financial Documents

Income documentation is required for both chapters. This includes your last two years of federal income tax returns, your last six months of pay stubs or self-employment income records, documentation of any other income sources including rental income, Social Security, disability, or retirement distributions.

For the means test in Chapter 7, you will need to determine your average monthly gross income for the prior six months, which requires accurate income documentation. For Chapter 13, you must demonstrate that your income is sufficient to fund the proposed plan.

Bank account statements for the past three to six months for all checking, savings, and money market accounts are also required. These are used to verify income, identify regular expense patterns, and identify any recent large transactions that may be questioned by the trustee.

Property Documents

For real property, you need the current mortgage statement showing the outstanding loan balance, interest rate, and monthly payment; the deed or title to the property confirming your ownership interest; any second mortgage or home equity line of credit statements; any property tax statements; and a recent appraisal or comparable market analysis if the value of the home is in dispute.

For vehicles, you need the vehicle title and any auto loan statements showing balances.

For other significant assets such as retirement accounts, investment accounts, or business interests, documentation of value and account details is required.

All of these assets must be listed in the bankruptcy schedules with their current values.

Timelines for Gathering Documents

In a non-emergency situation, plan for two to four weeks to gather all required documents. Tax returns and bank statements may need to be requested from financial institutions or the IRS if copies are not readily available. IRS transcripts of tax returns can be ordered online through the IRS website within minutes.

In an emergency filing situation, the skeleton petition requires only basic information to create the case. The complete schedules must be filed within 14 days. During those 14 days, gather all documents as quickly as possible. Prioritize the documents that are hardest to obtain, such as tax returns, appraisals, and documentation of less common assets.

Common Mistakes to Avoid

The most common document-related errors in bankruptcy filings are omitting creditors from the creditor list (which can prevent the automatic stay from applying to those creditors and may prevent certain debts from being discharged), understating asset values to reduce what creditors receive (which is bankruptcy fraud and a federal crime), failing to list all income sources, and providing incorrect Social Security numbers or property descriptions.

Be thorough and accurate. The bankruptcy schedules are filed under penalty of perjury. If you are unsure about a value or an item, discuss it with your attorney rather than omitting it. Omissions and inaccuracies are far more problematic than a thorough disclosure of unfavorable facts.

Check more guides on filing bankruptcy to prevent foreclosure.

The information on this website is provided for general informational purposes only and does not constitute legal, tax, or financial advice. Bankruptcy for Foreclosure.com is not a law firm and is not affiliated with any attorney, real estate professional, or government agency.