A bare petition is a bankruptcy filing with only the petition -- no schedules, no financial statements, no supporting documents.
A bare petition (sometimes called a "skeleton petition" or "emergency petition") is a bankruptcy case initiated with only the petition form (Official Form 101) filed with the court. The dozens of supporting documents normally required -- schedules of assets and liabilities, statement of financial affairs, means test calculation, credit counseling certificate, and more -- are not included at filing.
The Bankruptcy Rules allow a debtor to file the remaining schedules and statements within 14 days after the petition date. The court may extend this deadline for cause, but extensions are not automatic.
The primary reason is urgency. Filing the petition -- even without supporting documents -- triggers the automatic stay under Section 362. This immediately stops:
A debtor facing a foreclosure sale scheduled for tomorrow can file a bare petition today and stop the sale, then complete the remaining paperwork over the next 14 days.
According to federal court records covering 94 districts, bare petitions that are never completed are a significant driver of early dismissals. When schedules are not filed within the deadline, the court issues a deficiency notice and then dismisses the case -- often within 30-45 days of filing.
A bare petition that leads to dismissal can be worse than not filing at all. The debtor incurs filing fees ($338 for Chapter 7, $313 for Chapter 13), potentially attorney fees, and a bankruptcy filing on their credit report -- all without receiving any debt relief. Additionally, the dismissal may trigger a 180-day refiling bar under Section 109(g) and reduce the automatic stay in any future filing.
Within 14 days of filing, the debtor must file:
In high-volume bankruptcy practices, bare petitions sometimes indicate a workflow where cases are filed before preparation is complete. While there are legitimate emergency uses, a pattern of bare petitions followed by dismissals may suggest systemic issues with case preparation. The attorney has a duty under Section 707(b)(4) to conduct a reasonable investigation before filing.
Learn more about bankruptcy filing requirements and eligibility.
Before You FileThis page provides general information based on publicly available federal court records. It does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
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