Help with Bankruptcy Forms: Voluntary Petition

The voluntary petition is the form that begins a bankruptcy. It is somewhat straightforward but the filer does need to pay attention to the information they enter. You may find that you need help with understanding the form. The purpose of the petition is to give the court an overview of your situation.

First Page of the Petition

Page number one is an introduction, so to speak, of your intent to the court. There are a total of three pages to fill out, each with different instructions.

• Enter your name and address of your residence. If you have a mailing address, enter it in the provided space. If you are married filing joint, enter your spouse's information in the adjacent section on the page.
• Check the box that applies to your type of debtor. For example, if you are an individual filer, check the box that says "individual."
• Move over to Chapter of Bankruptcy Code etc. Check the box of whichever bankruptcy chapter you intend to file under.
• Filing fee - check the box that is appropriate to your intentions. If you intend to pay the fee up front, pick the appropriate box.
• Statistical information.  Choose if there will or won't be money left over to pay unsecured creditors. Choose the amount of creditors, estimated assets and estimated liabilities.

Page Two of the Petition

Make sure to enter your name again at the top right hand corner before anything else.

• Enter any previously filed bankruptcy cases. If none, leave this blank.
• If there is a spouse or business partner who is currently in bankruptcy, enter the information. Otherwise do not enter anything.
• Exhibit A is for those who have to file with the Securities and Exchange Commission.
• Exhibit B applies to a lawyer who have advised you on which chapter of bankruptcy to file under.
• Exhibit C - if you own anything that can threaten public safety, check yes and attach exhibit C
• Exhibit D is part of the petition and will be included in the paperwork.
• Venue - Read the statements thoroughly and choose the statement that applies.
• Certification of Debtor Who Resides as Tenant. If you are renting an apartment, you must read the statements and check if any of them apply to your situation.

Page Three of the Petition

This is the final page of the voluntary petition. It  is only the beginning of the many bankruptcy forms you will subsequently be filling out.

• Enter your name in the upper right hand corner again
• Find the individual/joint debtor box in the upper left hand corner. Sign your name, the joint debtor will sign theirs, date and enter a contact phone number. Finally, enter the date.