Filing Chapter 7 Bankruptcy Pro Se

Overview: what Chapter 7 does

Chapter 7 bankruptcy -- sometimes called "liquidation bankruptcy" -- eliminates most unsecured debts (credit cards, medical bills, personal loans) in exchange for surrendering non-exempt assets. In practice, about 96% of Chapter 7 cases are "no-asset" cases, meaning the filer keeps everything because all assets are covered by exemptions.

Under 11 U.S.C. § 727, the court grants a discharge that permanently wipes out qualifying debts. The entire process typically takes 3-4 months from filing to discharge.

Step 1: determine eligibility

Before filing Chapter 7, you must pass the means test under 11 U.S.C. § 707(b). The means test compares your income to the median income for a household of your size in your state.

• If your income is below the state median: you automatically qualify
• If your income is above the state median: you must complete the full means test calculation, which deducts certain expenses. If disposable income is low enough, you still qualify.

Calculate using Official Form 122A-1 and, if needed, Form 122A-2. Both are free at uscourts.gov.

Step 2: complete credit counseling

Under 11 U.S.C. § 109(h), you must complete a credit counseling course from a U.S. Trustee-approved agency within 180 days before filing. The course takes 60-90 minutes and costs $15-$50. You receive a certificate that must be filed with your petition.

Full credit counseling guide →

Step 3: gather your documents

• Last 2 years of federal tax returns
• Last 6 months of pay stubs or income documentation
• Bank statements (all accounts, last 6 months)
• Vehicle titles and registration
• Mortgage statements and property deeds (if applicable)
• All bills, collection letters, and lawsuit documents
• Credit reports from all three bureaus (free at annualcreditreport.com)

Step 4: complete the official forms

The core forms include:

• Form 101: Voluntary Petition
• Schedules A/B through J: Assets, exemptions, creditors, income, expenses
• Form 106Dec: Declaration under penalty of perjury
• Form 107: Statement of Financial Affairs
• Form 122A-1/122A-2: Means test

Complete forms guide →

Step 5: file with the court

File your completed forms with the bankruptcy court clerk. Pay the $338 filing fee. If you cannot afford it, request a fee waiver (income below 150% of federal poverty line) or an installment plan.

The instant you file, the automatic stay under 11 U.S.C. § 362 takes effect -- creditors must stop all collection activity.

Step 6: attend the 341 meeting

About 20-50 days after filing, attend the 341 meeting of creditors. As a pro se filer, you attend alone. The trustee asks questions under oath about your finances. Most meetings last 5-15 minutes.

341 meeting preparation guide →

Step 7: debtor education and discharge

Complete the second required course (debtor education) from a U.S. Trustee-approved provider. File the certificate with the court. If no objections are raised, discharge is entered about 60 days after the 341 meeting.