How to Draft a Bankruptcy Petition

A bankruptcy petition is only as accurate as the information it is built from. Before anyone opens the petition software, the law firm — or the Bankruptcy Petition Specialist™ drafting on the firm's behalf — has to collect a long list of facts and documents from the client. This guide walks through the whole process of drafting a Chapter 7 or Chapter 13 bankruptcy petition: what you gather from the debtor, which forms and schedules that information feeds, and where drafts most often go wrong.

The Drafting Process at a Glance

1. Collect the client's information using a complete client intake form.
2. Collect the supporting documents that prove it: pay stubs, tax returns, statements, and court papers.
3. Confirm the chapter and eligibility. The attorney decides between Chapter 7 and Chapter 13; the drafter prepares the numbers that decision depends on.
4. Enter the data into bankruptcy petition software and draft the petition, schedules, and statements.
5. Run the calculations: the means test for Chapter 7, or the commitment period, disposable income, and repayment plan for Chapter 13.
6. Cross-check everything. Every number on every form has to agree with every other number and with the documents.
7. Attorney review, client signature, and filing. The attorney reviews the draft, the debtor reviews and signs under penalty of perjury, and the petition is filed with the court.

Steps 1 and 2 decide how smoothly the rest goes. A drafter can only be as accurate as the information they were handed, which is why the best law firms treat intake as the most important part of the job.

Step 1: What to Collect From the Client

A good client intake form asks for everything the petition will need in one pass, so nobody has to chase the client for missing details later. Here is what a thorough intake covers, section by section.

Debtor and Spouse Information

• Full legal name, spelled out: first, middle, and last
• Any other names used in the past eight years (maiden names, prior marriages, legal name changes)
• Social Security number and date of birth for each filer
• Current street address, county, how long they have lived there, and a separate mailing address if the court should use a different one
• Phone numbers and email address
• Spouse's name, Social Security number, date of birth, and address if living separately
• Whether the spouses are filing jointly, and if not, whether the spouse lives in a different household
• Addresses for the past three years, with dates
• How long the debtor has lived in the county and state, which affects where the case can be filed and which exemptions apply
• Any bankruptcy filed in the last eight years, with the dates, chapter, and case number, since a prior case can limit eligibility or a discharge
• Whether the required credit counseling course has been completed within the last 180 days
• Dependents: name, age, relationship, and whether each lives with the debtor

Income

Income is the section where drafts go wrong most often, because bankruptcy asks about it in two different ways.

• Gross income for each of the last six months, by source, for the means test: wages, tips, bonuses, overtime and commissions; business or farm income; rental income; interest, dividends, and royalties; pension and retirement income; unemployment compensation; money regularly contributed to household expenses by people who are not filing; and anything else. This is gross income before taxes, not take-home pay, and it counts even if income has recently jumped or dropped.
• Current income detail from the most recent pay stub: employer name and address, job title, length of employment, how often the debtor is paid, average gross wage, regular overtime or commissions, and every deduction (taxes, insurance, union dues, 401(k) contributions and loans, garnishments, support payments).
• Year-to-date income and gross income for each of the last two years. If the debtor has had more than one employer this year, the total from all of them.
• A second job, a home-based business, or side income (eBay, flea markets, gig work)
• Monthly Social Security, government assistance, food stamps, public assistance, pension, child support or alimony received, and any other regular income
• Whether the debtor expects income to change in the next year, and why

Social Security income is not counted as current monthly income for the means test, but the attorney still needs the amount in the file because it is reported on the schedules.

Self-employed debtors need more: a profit and loss statement for each of the last six months, the business name and EIN, gross sales, itemized expenses (payroll, taxes, inventory, rent, utilities, vehicle, insurance, and so on), and whether they filed income taxes for the years they ran the business. If they have no P&Ls, the intake form should walk them through building one month by month.

Real Estate and Mobile Homes

For each property: the names on the deed or title, the address, a description, and the lender's complete information. That means the mortgage company's name, mailing address, and account number, the date the loan was obtained, monthly payment, payoff amount, interest rate, whether taxes and insurance are included in the payment, whether any payments are past due, and what it would take to catch up. Ask about second mortgages and home equity lines, the last appraisal or a reasonable value estimate, and whether the property is in foreclosure. For a mobile home, also ask about lot rent, whether the land is owned, and whether it is permanently affixed. In every case, ask whether the client wants to keep or surrender the property.

Vehicles

Every vehicle, boat, trailer, camper, and ATV in the debtor's or spouse's name. The year, make, model, and trim, the VIN, current mileage, condition, and the names on the title. For each loan: the lender's name and address, account number, monthly payment, interest rate, payoff, months behind, the date it will be paid off, whether the vehicle is leased, and whether it secures a title loan. Writing “car” is not enough; values come from the exact vehicle and its mileage.

Personal Property and Household Goods

Bankruptcy requires everything the debtor owns to be disclosed, from the coffee pot to the house. A good intake lists household goods, electronics, jewelry, tools, firearms, collectibles, art, and pets, each with a realistic “yard sale” value. It should also capture items being bought on installment or rented to own, items pledged as collateral for a loan, work tools and business inventory, and any property held by a repairman, storage company, or pawnbroker.

Bank Accounts, Retirement, and Other Assets

• Every checking, savings, and online account (including PayPal and similar apps): institution, address, account numbers, balances, and names on the account
• Accounts closed in the last two years, with the date and balance
• Safe deposit boxes and special-purpose accounts
• 401(k), pension, IRA, and other retirement accounts with the current value
• Life insurance: company, cash value, face value, and beneficiary
• Stocks, bonds, mutual funds, certificates of deposit, and cryptocurrency
• Rent and utility deposits being held
• Timeshares, other real estate interests, and vehicles the debtor holds that are titled to someone else

Money the Debtor Expects or Is Owed

The petition has to disclose anything that is likely to become the debtor's property soon, so the intake should ask about each of these directly:

• An expected inheritance, life insurance proceeds, or insurance claim
• A pending or anticipated personal injury claim, and the attorney handling it
• Interest in a trust
• Back wages, commissions, or vacation pay owed by an employer
• Alimony, child support, or a judgment owed to the debtor, even if collecting is unlikely
• A pending property settlement with a former spouse
• Any money anyone owes the debtor for any reason
• The most recent tax refund: amount, when it was received, and what it was spent on

Debts: The Creditor List

This is the section the court relies on to notify every creditor, and an omitted creditor may mean an undischarged debt. For every debt, the intake should capture:

• The creditor's complete name (no abbreviations) and full mailing address
• The account number and the total amount owed
• The month and year the debt was incurred, and for credit cards the last month a purchase was made on the account
• What the debt is for: medical, credit card, loan, or other
• Who is responsible for it: spouse 1, spouse 2, both, or a co-signer
• Whether it has been sent to a collection agency or law firm, and that party's name and address

Clients should list every debt, including loans from relatives, medical bills, student loans, past-due utilities from previous addresses, tax debts, court-ordered fines, and back child support. If they do not know a creditor's address, a three-bureau credit report is the best place to find it.

Monthly Budget

Average monthly amounts (not yearly) for housing, utilities, food, clothing, laundry, medical costs not covered by insurance, transportation, recreation, insurance of every kind, child care, school and tuition, student loan repayment, support payments, and anything else the client actually pays. A budget that does not match the pay stubs and bank statements is a red flag for the trustee, so the drafter should compare them.

Statement of Financial Affairs Questions

The Statement of Financial Affairs is a sworn history of the debtor's recent financial life, and the trustee will ask the same questions at the meeting of creditors. A complete intake answers every one with a clear yes or no, and fills in detail for every yes:

• Past and present marriages, and previous addresses
• Lawsuits, foreclosures, garnishments, repossessions, judgments, and property returned to creditors within the last two years, with the court, case number, parties, and status
• Payments to creditors beyond ordinary monthly payments, including payments to relatives or friends owed money
• Gifts and transfers of property to anyone, and the value and date of each
• Losses from fire, theft, or gambling
• Other attorneys or debt counseling services consulted, and what was paid
• Property held by someone else for the debtor
• Co-owned property, hazardous-materials notices, and anything held for another person
• Business interests, bookkeepers, accountants, and records for anyone self-employed or involved in a business

The last page of a good intake form is a signature page, where the debtor states that the information is true and complete.

Step 2: Collect the Supporting Documents

The intake form is the debtor's account of their finances. The documents are how the drafter and attorney verify it. Most firms give the client a checklist at the first consultation; here is what a thorough one asks for, though trustees and districts vary.

Identification and Required Paperwork

• Driver's license or state ID, and the Social Security card, for each filer
• The fully completed Client Intake Form. A half-finished form just means a second round of phone calls.
• Credit counseling certificate(s). Every individual filer must complete a credit counseling course from a provider approved by the U.S. Trustee Program within 180 days before filing, and the certificate has to be in the file.

Income

• Credit reports from all three bureaus (Equifax, Experian, and TransUnion). Free reports are available once a year at annualcreditreport.com, and they catch creditors the client forgot.
• Pay stubs for the last six months, if employed. The law requires stubs for the 60 days before filing, but the means test looks at six months of income, so the drafter needs all six.
• Self-employed income: the last six months of bank statements, or profit and loss statements showing the self-employment income
• Bank statements for the last six months, showing deposits
• Other income: Social Security and pension deposits, unemployment benefits, disability, child support or alimony, and any other regular income, with award letters or benefit statements
• Income tax returns for the past two years, with W-2s and 1099s

Expenses and Debts

• Monthly billing statements for the past six months: utilities, cell phone, internet, and any other recurring bills. These support the budget on Schedule J.
• Leases and contracts: vehicle leases, rent-to-own agreements, and any other contracts
• Judgments, liens, garnishments, foreclosures, or lawsuits filed within the past two years, including any summons, complaint, or notice the client received
• Student loans: the most recent statement from each
• Everything else a creditor sent: credit card and medical statements, collection letters, and tax notices from the IRS or the state

Assets

• Titles for every vehicle: cars, trucks, campers, boats, four-wheelers, motorcycles, motorhomes, and trailers, along with the loan statements
• Mortgage and deed for all real property. The recorded documents can usually be obtained from the county recorder's office where the property is located.
• Property valuation. A full appraisal by a licensed appraiser is accurate but expensive. A broker's price opinion, based on recent sales of comparable homes, costs far less. Many trustees will also accept the county's tax-assessed value, which appears on the property tax bill and is often available online. Check which your trustee prefers before spending money.
• Retirement accounts: statements for IRAs, 401(k)s, and pensions
• Stocks, bonds, and savings: certificates, credit union and passbook savings, and statements for any investments or cryptocurrency
• Trust accounts: the most recent statement from each

Other Documents

• Insurance policies of every kind: life, disability, homeowner's, renter's, and vehicle, including any riders that insure specific personal property
• Separation agreements, divorce decrees, and support orders filed within the past year
• Security agreements, financing statements, and personal property leases
• Future interests, such as documents showing an interest in an estate or a will
• Prior addresses for the past three years (a background check can fill gaps)
• Prior bankruptcy filings within the past eight years
• Veteran status: any documents relating to disabled-veteran status, which can affect whether the means test applies

When something is missing, the drafter's job is to say so early and specifically. Our articles on what to do when pay stubs are missing and requesting more detail from incomplete intake forms cover how.

Step 3: Confirm the Chapter and Eligibility

Chapter 7 is a liquidation: most unsecured debts are discharged, and the trustee may sell non-exempt property. Debtors with primarily consumer debts must pass the means test, which compares the last six full months of income against the state median for the household size. Chapter 13 is a three-to-five-year repayment plan that lets the debtor keep property and catch up on secured debts such as a mortgage or car loan, based on their disposable income.

Choosing the chapter is the attorney's decision, because it is legal advice. What the drafter provides is the clean income data, the asset and debt picture, and the means test calculation that decision rests on. For more, see Chapter 7 vs. Chapter 13 Bankruptcy and Is It a Chapter 7 or a Chapter 13?

Step 4: The Forms and Schedules You'll Draft

Bankruptcy petitions use the Official Forms published by the federal courts. The numbered forms are the same across districts for most of the package, though forms are revised from time to time, so always work from the current versions in your petition software or on the U.S. Courts website. Some districts also require local forms.

Forms for Both Chapters

• Official Form 101: Voluntary Petition for Individuals Filing for Bankruptcy. It identifies the debtor and the chapter being filed under.
• Official Form 121: Statement About Your Social Security Numbers. It goes to the court but is not part of the public record.
• Schedule A/B (Form 106A/B): Property. Real estate, vehicles, household goods, accounts, retirement, claims, and everything else owned.
• Schedule C (Form 106C): The Property You Claim as Exempt. The exemptions that protect assets, based on state or federal law.
• Schedule D (Form 106D): Creditors Who Have Claims Secured by Property. Mortgages, car loans, and liens.
• Schedule E/F (Form 106E/F): Creditors Who Have Unsecured Claims. Priority debts such as taxes and support, then credit cards, medical bills, and everything else.
• Schedule G (Form 106G): Executory Contracts and Unexpired Leases. Cell phone contracts, vehicle leases, and apartment leases.
• Schedule H (Form 106H): Your Codebtors.
• Schedule I (Form 106I): Your Income.
• Schedule J (Form 106J): Your Expenses.
• Summary and Declaration (Forms 106Sum and 106Dec): The totals, and the debtor's sworn declaration that the schedules are true.
• Official Form 107: Statement of Financial Affairs for Individuals. Income history, payments, transfers, lawsuits, closed accounts, and business interests.

Form 107 Look-Back Periods

The Statement of Financial Affairs asks about different time periods depending on the question, which is why the intake form and document checklist have to reach back as far as they do. Here are the look-backs on the current version of Form 107 (April 2025 revision), counted back from the filing date:

The form itself asks about lawsuits, garnishments, and closed accounts for the past year. Intake forms and checklists commonly ask clients for two years, because clients often misremember dates and it is far easier to narrow the list than to go back for more. The form's look-backs can change when the Official Forms are revised, so confirm them against the current version.

Chapter 7 Forms

• Official Form 108: Statement of Intention. The debtor says whether they will keep or surrender each piece of secured property, which is why the intake form asks.
• Official Forms 122A-1, 122A-1Supp, and 122A-2: The Chapter 7 Statement of Your Current Monthly Income, the exemption from the presumption of abuse, and the Means Test Calculation for debtors whose income is above the state median.

Chapter 13 Forms

• Official Forms 122C-1 and 122C-2: The Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period, and the Calculation of Your Disposable Income, which determines how long the plan runs and how much it must pay.
• The Chapter 13 Plan: Official Form 113, or the local plan form used by the district. The plan sets the monthly payment, how secured debts and arrears are handled, and what unsecured creditors receive. Drafting it takes the most skill of anything in a Chapter 13 case.

Other Documents in the Package

• The creditor matrix (mailing list), built from the creditors' complete addresses collected at intake
• The attorney's compensation disclosure (Form 2030)
• For a non-attorney petition preparer filing for a consumer, the Bankruptcy Petition Preparer's Notice, Declaration, and Signature (Form 119)
• Filing-fee installment or waiver applications, when the client qualifies

Where Each Piece of Client Information Goes

Once the intake is complete, drafting becomes a matter of putting each answer in the right place.

Where Drafts Go Wrong

Almost every delay in a bankruptcy case traces back to an intake or document gap, not to the software:

• Incomplete creditor addresses. A creditor who is not properly notified may not be bound by the discharge.
• Net pay instead of gross pay. The means test and the plan both require gross income.
• Wrong six-month window. The means test looks at the last six full months, even if the client's income has changed.
• Vague vehicles. “Car” without a year, make, model, VIN, and mileage cannot be valued.
• Unanswered Statement of Financial Affairs questions. Every question needs a yes or a no.
• Unlisted debts. Loans from family, co-signed debts, and old utility bills get forgotten.
• Numbers that do not reconcile. The budget, pay stubs, and bank statements need to tell the same story.

This is why experienced drafters spend as much time reviewing the intake as they do typing. For more on this stage, read 2 Must-Have Items Before You Draft a Bankruptcy Petition and Bankruptcy Petition Prep Work Before Initial Input.

Free Client Intake Forms and Checklist

Want the forms themselves? Our free downloads page has the intake package law firms and our students use: a fillable Client Intake Form in English and Spanish, a Law Firm Initial Questionnaire for the attorney's consultation, and a Bankruptcy Client Checklist to hand the client. Get them on our free downloads page.

Learn to Draft Petitions Professionally

Knowing what to collect is the first half of the skill. The second half is turning it into a court-ready petition: choosing exemptions, calculating the means test, balancing a Chapter 13 plan, and catching the mistakes that get petitions kicked back.

That is exactly what our training teaches. The Chapter 7 & 13 Bankruptcy Petition Mastery course covers every form, schedule, and section of both chapters in over-the-shoulder video lessons, then has you draft a complete petition from de-identified real client information in a hands-on workbook. If you only need one chapter, see Chapter 7 Mastery or Chapter 13 Mastery. Wondering whether this could become your career? Start with our work-from-home bankruptcy training overview.

Have Your Finished Petition Reviewed

Even experienced drafters miss things, and a petition that goes to the attorney with errors can mean a deficiency notice from the trustee. Our Bankruptcy Petition Review gives you a second pair of experienced eyes on your finished Chapter 7 or Chapter 13 petition before the attorney sees it. We check every form and schedule, and you get detailed written feedback. For a Chapter 7, that includes the means test math, household size, exemption completeness, and the Statement of Financial Affairs items most often left blank. For a Chapter 13, it adds plan feasibility against Schedules I and J and how secured and priority claims are treated in the plan.

It is built for legal assistants, paralegals, Virtual Bankruptcy Assistants, bankruptcy petition preparers, and Bankruptcy Petition Specialists™ who want professional feedback that sharpens every future petition, not just this one.

Finished a draft? Get your Bankruptcy Petition Review.

Related: How to Fill Out Bankruptcy Forms · How to Become a Bankruptcy Petition Preparer · Client Intake Interview Tips for Bankruptcy Attorneys and VBAs