What documents do I need to file bankruptcy?

You need photo ID, Social Security card, last 6 months of pay stubs, last 2 years of tax returns, last 6 months of bank statements, vehicle titles, mortgage documents, lease agreements, medical bills, credit card statements, and any lawsuit or judgment paperwork. You also need a credit counseling certificate from an approved provider.

Do I need to take a class before filing bankruptcy?

Yes. Federal law requires two courses. First, you must complete a credit counseling course from a U.S. Trustee-approved provider within 180 days before filing. Second, after filing, you must complete a financial management course (also called debtor education) before receiving your discharge. Both courses typically cost $10-50 and can be completed online.

How do I check if a bankruptcy attorney is good?

Research their track record using public court data. Every bankruptcy case is a public record on PACER. Look at their dismissal rates compared to the district average, how many of their Chapter 13 cases actually reach discharge, and whether they have patterns of filing incomplete petitions. Ask them directly about their completion rates during your consultation.

How long does it take to prepare for bankruptcy?

Most people need 2-6 weeks to gather documents, complete credit counseling, and consult with attorneys. Rushing the process often leads to problems: incomplete petitions, missed creditors, or choosing the wrong chapter. Take the time to prepare properly. Your attorney should not file until all required documents are assembled.

Submitted to the federal rules committee — This tool's data is pending before the Advisory Committee on Bankruptcy Rules as Suggestion 26-BK-3 and Suggestion 26-BK-5

This analysis is backed by 5.1 million federal bankruptcy cases. Check your eligibility or explore the data.

Before You File Bankruptcy: Complete Preparation Checklist

Everything you need to do before, during, and after filing. Check items off as you complete them. Your progress is saved in your browser.

This is a general guide, not legal advice. Every case is different. Use this checklist to organize your preparation, then review everything with a qualified bankruptcy attorney before filing. Skipping steps leads to incomplete petitions, delays, and dismissals.

Assess Your Situation

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List all debts with creditor names, amounts, and account numbers

Pull your free credit reports from AnnualCreditReport.com. Include debts that may not appear on credit reports: medical bills, personal loans, judgments, and tax debts.
Calculate total monthly income (gross and net)

Include all sources: wages, self-employment, Social Security, pensions, alimony, rental income, gig work. The court uses a 6-month average.
List all monthly expenses

Rent/mortgage, utilities, food, transportation, insurance, childcare, medical, and minimum debt payments. Review 3-6 months of bank statements so nothing is missed.
Determine if you qualify for Chapter 7 (means test)

The means test compares your income to your state's median. If you're below median, you likely qualify for Chapter 7. If above, Chapter 13 may be your path. Your attorney will run the official calculation.
Check if you have filed bankruptcy before

Federal law sets waiting periods between discharges. Filing too soon means going through the entire process without debt relief.
Use Eligibility Checker →

Required Pre-Filing Steps

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Complete credit counseling course (required within 180 days before filing)

Must be from a U.S. Trustee-approved provider. Typically costs $10-50 and takes about 1 hour online. Do not use a provider that is not on the approved list.
Obtain credit counseling certificate

Save the PDF. Your attorney must file this certificate with the court. Without it, your case can be dismissed.
Gather last 6 months of pay stubs

Required for the means test and Schedule I (income). If self-employed, gather profit-and-loss statements for the same period.
Gather last 2 years of tax returns

The trustee will request these. If you have not filed, you must file them before or shortly after your bankruptcy. Missing tax returns can cause dismissal.
Gather bank statements (last 6 months)

All accounts: checking, savings, business, PayPal, Venmo, Cash App. The trustee reviews these for undisclosed assets and unusual transfers.

Timing matters. The credit counseling certificate must be dated within 180 days before your filing date. If you complete it too early and your filing is delayed, you may need to retake it.

Find an Attorney

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Research attorney track records using public court data

Every bankruptcy case is a public record. An attorney's dismissal rate, completion rate, and filing patterns are all visible in court data. Do this research before your first consultation.
District Statistics Dashboard →
Compare attorney dismissal rates to district averages

The national Chapter 13 dismissal rate is roughly 40-60%. Some attorneys are significantly above or below. A high dismissal rate may indicate incomplete filings, poor client screening, or lack of follow-through.
Compare Discharge Bars →
Get consultations from at least 2-3 attorneys

Most bankruptcy attorneys offer free initial consultations. Compare their approaches, fees, and communication styles. Ask each one what chapter they recommend and why.
Review fee agreements carefully

Understand what is included. Ask: What is the total fee? What happens if my case is dismissed? Are there additional charges for motions, amendments, or trustee objections? Get the fee agreement in writing before paying anything.
Ask about their Chapter 13 completion rates

If filing Chapter 13, ask what percentage of their clients successfully complete their plans and receive a discharge. A good attorney should know this number. If they cannot answer, that is informative.

Documents to Gather

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Photo ID

Driver's license, state ID, or passport. You will need to show ID at your 341 Meeting of Creditors.
Social Security card

Required at the 341 Meeting. If lost, request a replacement from the SSA (allow 2-4 weeks).
Vehicle titles and registration

For every vehicle you own or are making payments on. Include loan payoff amounts. If you owe more than the vehicle is worth, note that.
Mortgage documents

Most recent mortgage statement, original loan documents, and any modification agreements. Note the current balance, monthly payment, and any arrears.
Lease agreements

Residential and vehicle leases. The court needs to know about all executory contracts (ongoing obligations).
Medical bills

Even if in collections. Medical debt is one of the most common reasons people file bankruptcy. List every provider and the amount owed.
Credit card statements

Most recent statement for every card. Include store cards and lines of credit. Note the creditor name, account number, and balance.
Lawsuit and judgment paperwork

Any pending lawsuits, garnishment orders, or court judgments against you. These are particularly important because the automatic stay stops collection actions when you file.

After Filing

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Attend 341 Meeting of Creditors

Usually scheduled 20-40 days after filing. The trustee will ask questions about your finances under oath. Bring your photo ID and Social Security card. Most meetings last 5-10 minutes.
Complete financial management course (required before discharge)

This is the second required course, taken after filing. Must be from a U.S. Trustee-approved provider. If you do not complete it, the court will close your case without a discharge.
Make all plan payments on time (Chapter 13)

Chapter 13 plans last 3-5 years. Missing payments is the number one reason cases get dismissed. Set up automatic payments if possible. Contact your attorney immediately if you cannot make a payment.
Report any income changes to your trustee

If your income increases or decreases significantly, notify your attorney and trustee. A plan modification may be needed. Failing to report changes can create problems later in your case.

Do not take on new debt during your bankruptcy without court approval. This includes cosigning loans, using credit cards, or financing purchases. In Chapter 13, you generally need trustee permission for new credit above a minimal amount.

This site is free and open-source. Donations support the Open Bankruptcy Project, a 501(c)(3) nonprofit, funding PACER access fees and bankruptcy court transparency research.

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Dedicated Resources

341 meetings: 341meeting.org -- step-by-step 341 meeting guide with real trustee questions

Means test: meanstest.org -- means test calculator and qualification guide

Voluntary petition: voluntarypetition.org -- voluntary petition filing guide

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Before You File Bankruptcy: Complete Preparation Checklist

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