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Opening the case

Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101)

The form that opens a bankruptcy case. Filing it is what “filing for bankruptcy” means.

Last updated October 2026

Educational information only — not legal advice. BK Prepare isn't a law firm and this isn't a recommendation for your situation. It's a general overview — for advice on your specific case, talk to a licensed bankruptcy attorney or a free legal aid clinic.

This page describes the form. It doesn’t tell you how to fill it in. It covers what the form is, who files it and what each part asks. What goes in your answers depends on your own facts, and BK Prepare can’t tell you what to put on your forms. A bankruptcy attorney or a free legal aid clinic can.

In short

Form 101 is the petition. Handing it to the clerk, with the filing fee or a fee application, is the act that starts a bankruptcy case. The automatic stay, which stops most collection activity, begins at that moment.

It doesn’t list debts or property. Those go on the schedules. The petition identifies who is filing, which chapter they’re filing under, and a handful of facts the court needs on day one.

Who files it

Every individual who files for bankruptcy, under any chapter. A married couple filing together files one petition, with one spouse as Debtor 1 and the other as Debtor 2. Whoever is Debtor 1 on the petition stays Debtor 1 on every other form.

What it asks

Part 1: Identify Yourself

Your name as it appears on your government ID, other names used in the last 8 years, the last four digits of your Social Security or taxpayer ID number, any employer identification number, where you live, and why this district is the right one to file in.

Part 2: Tell the Court About Your Bankruptcy Case

The chapter, how the filing fee will be paid (in full, in installments, or with a waiver request), bankruptcy cases filed in the last 8 years, related cases still pending, and whether you rent your home and your landlord has an eviction judgment against you.

Part 3: Report About Any Businesses You Own as a Sole Proprietor

Whether you run a business in your own name, what kind, and a question that only matters in Chapter 11.

Part 4: Report if You Own or Have Any Hazardous Property or Any Property That Needs Immediate Attention

Property that poses a threat to public health or safety, or that needs urgent care, such as perishable goods or livestock.

Part 5: Explain Your Efforts to Receive a Briefing About Credit Counseling

Whether you completed the required credit counseling briefing in the 180 days before filing and have the certificate, and if not, which of the narrow exceptions in the law you’re relying on.

Part 6: Answer These Questions for Reporting Purposes

Whether your debts are mostly consumer or business debts, and rough ranges for how many creditors you have and how much you own and owe.

Part 7: Sign Below

A signature under penalty of perjury. Someone filing without an attorney also signs a page acknowledging what that involves.

When it’s filed

It is the filing. The case begins on the day the clerk receives it.

Related forms

The official form

First page of Official Form 101

Official Form 101 is 9 pages long and is used in Chapter 7 and Chapter 13 cases. This guide describes the 06/24 revision, the date printed beside the form’s title. The federal courts publish the form and replace it when it changes, so their page always has the current one.

BK Prepare’s questionnaire builds the list of forms for a case from your answers, and includes this one when it applies.

Sources

The statutes, rules and official pages behind what’s on this page.