The one-sentence version
Form 101 is the document that literally creates your bankruptcy case — the second the clerk stamps it filed, the automatic stay kicks in, a case number is assigned, and you are officially a debtor in federal bankruptcy court.
What's on the form
Form 101 is divided into a handful of numbered parts. Each one is short, but each one matters.
Part 1 — Identify yourself
Your legal name (exactly as it appears on a government ID), every other name you've used in the last 8 years (maiden names, prior married names, business "doing business as" names), the last four digits of your Social Security number, your address, and your county of residence. The 8-year lookback exists because that's the dischargeability window — creditors need to be able to find a prior bankruptcy you filed under any name.
Part 2 — Your spouse (if filing jointly)
Same fields for your spouse if you're filing a joint petition. A joint Chapter 7 is one combined case for one combined filing fee — not two separate cases. You don't have to file jointly even if you're married; sometimes it makes sense for only one spouse to file.
Part 3 — Why you're filing in this district
You have to file in the district where you've lived for the longest portion of the last 180 days. For most people that's an easy box to check; if you've moved recently, this is where the answer can get nuanced.
Part 4 — Type of debtor and chapter
You confirm you're an individual (not a business entity), that your debts are primarily consumer debts (anything else routes you through a different analysis), and that you're filing under Chapter 7. A few specialty boxes appear here — for example, whether you're a small business debtor or have non-consumer debts that exceed certain thresholds.
Part 5 — Prior bankruptcy cases
Any case you filed in the last 8 years, whether or not it ended in discharge. This is also where you'd list any pending bankruptcy by a business or related entity. Lying or "forgetting" here is a fast path to a dismissed case and possible referral for fraud.
Part 6 — Rental property and hazards
Whether you rent your residence, and (if so) whether your landlord has a money judgment against you for possession of the property. There's also a quick question about whether you own or operate a business that could endanger public health or safety — that exists to flag the trustee's office to a possible hazardous-property issue.
Part 7 — Estimates
Ranges (not exact numbers) for: number of creditors, total assets, total liabilities, and projected funds available to unsecured creditors. The "funds available" answer is almost always "after any administrative expenses are paid, there will be no funds available for distribution to unsecured creditors" — that's the boilerplate "no-asset case" declaration that applies to the vast majority of consumer filings.
Part 8 — Your signature, under penalty of perjury
You're signing that everything in the petition and accompanying schedules is true. Add: the credit-counseling certificate is also referenced here — you have to confirm you completed the required pre-filing course (or qualify for an exemption from it).
What's required to be filed with it
Form 101 doesn't go in alone. The same filing package includes the schedules (Form 106 series), the Statement of Financial Affairs (Form 107), the Statement of Intention (Form 108), the SSN statement (Form 121), the Means Test (122A-1, and 122A-2 if above-median), a list of creditors with addresses (the "creditor matrix"), and the credit-counseling certificate. Filing Form 101 alone without the rest will get you a deficiency notice and a tight deadline to cure or face dismissal.
Watch out: The single most common Form 101 mistake is forgetting a name from the 8-year "other names" list. Old maiden names, brief LLCs you opened and closed, "Bob's Lawncare" sole-proprietorship names from years ago — all of it goes here. Creditors search the public record by name; missing names means missing notices, which can later be used to argue a debt wasn't properly noticed and shouldn't be discharged.
What happens the second it's filed
The instant Form 101 hits the court's CM/ECF electronic docket, three things happen automatically:
- A federal case number is assigned to you (e.g.
26-12345). - A Chapter 7 trustee is randomly assigned from the district's panel.
- The automatic stay goes into effect — collection calls stop, lawsuits pause, garnishments must be released, foreclosure activity halts.
Within 1–3 business days, the court mails a "Notice of Bankruptcy Case" to every creditor on your matrix.
Good to know: Filing fees can be paid in installments (typically 4 payments over 120 days) if you apply for installments when you file. Very low-income filers may qualify to have the fee waived entirely. Both requests are made with separate official forms filed alongside the petition.
Common mistakes
- Wrong district. Filing in the wrong federal district means the case gets dismissed or transferred, often with delay.
- Forgetting prior names. Especially business names — your old Etsy LLC or short-lived consulting entity counts.
- Forgetting a prior case. Even a Chapter 13 you withdrew before any discharge counts.
- Estimating numbers in Part 7 wildly wrong. They're ranges, but a "no funds available" answer paired with non-exempt assets on Schedule A/B raises red flags.
- Not having the credit-counseling certificate dated within 180 days before filing. Older certificates aren't valid.
Related forms
Form 101 is the cover. The substance of your case lives on the schedules: Schedule A/B (property), Schedule C (exemptions), Schedule D, Schedule E/F, and Form 107 (SOFA). See the complete forms index.