Bankruptcy Forms

The bankruptcy forms may be tough to understand at first, but we’ll help you understand how to file for chapter 7 bankruptcy. We'll cover local, state, and federal forms.

What types of debts should be included in the contracts section of the questionnaire/petition?

The "Executory Contracts" section of your petition should include all payment contracts that you're still attached to.

Read More →

There are pages missing from my petition.

Missing Official Form 101, pg 7 and Official Form 106E/F, pgs 2 and pgs 5-13. The missing forms you noticed were purposely left out because they do not pertain to your bankruptcy.

Read More →

How do I fill out a fee waiver for the credit counseling course?

1. Create an account at [DebtorCC.org](https://www.debtorcc.org/bankruptcy-credit-counseling-course.aspx?ReferralKey=126775A5A8F148E4853F062396B08E16 "debtorcc.org"). 2. Fill out the [fee waiver application](https://www.debtorcc.org/Pdfs/fee-waiver-request-form.pdf "fee waiver application").   3. Email the completed fee waiver application to [feewaiver@debtorcc.org](mailto:feewaiver@debtorcc.org "feewaiver@debtorcc.org").  4. Wait 72 hours to see if it's approved. You'll get an email. If you have any questions at all throughout the process, call DebtorCC at 1 (800) 610-3920.  DebtorCC is a different nonprofit than Upsolve. DebtorCC offers the course, not Upsolve. 

Read More →

How can I contact DebtorCC?

You can call DebtorCC at 1 (800) 610-3920.  DebtorCC runs the Credit Counseling Course, or Course 1, and the Debtor Education course, or Course 2. 

Read More →

I received a letter for a Meeting of Creditors. What is this?

Your meeting of creditors is the meeting that takes place at the court between you and your trustee. This is also known as a 341 meeting. 

Read More →

I received a letter for a 341 meeting. What is this?

A 341 meeting is the same as the meeting of the creditors. This is the meeting between you and the trustee who oversees your case. It usually takes place at your local court.  [Read more here](https:///hc/en-us/articles/360005364234-I-received-a-letter-for-a-Meeting-of-Creditors-What-is-this- "read more here"). 

Read More →

Someone else helped me pay my bills. How do I indicate this?

In our questionnaire, we ask you if there are any people who help contribute to your monthly expenses. If you have a family member or friend who helps you out, you should include them when we ask this question. 

Read More →

I don’t have the names of my doctors. Is that okay?

Yes, that's fine. Just do your best when you write down the names, addresses, and amounts owed to your creditors. If possible, please Google around to find info you don't know off the top of your head.  

Read More →

I have already taken a credit counseling course, do I need to retake it?

No. We give you the chance to upload it at the credit counseling section.

Read More →

The court is asking for a certificate of counseling. What is this?

The certificate of counseling is the certificate you receive when you finish the credit counseling course. This is also called Course 1. You should file it with the rest of your bankruptcy paperwork. 

Read More →

Do I need to order my credit report?

Nope. Upsolve orders your credit report for you from 2 of the 3 major bureaus and we show you the list of the creditors that's on them, along with the amounts you owe. 

Read More →

Can I use my PO Box?

You need to tell us your home address in the questionnaire. But we ask you if you'd like to use a different address to accept your mail. You can use your PO box for that. 

Read More →

I don’t have $15. What should I do?

First, you should call DebtorCC and see if you qualify for a fee waiver: 1 (800) 610-3920. 

Read More →

What’s the email address to submit the fee waiver form?

It's [feewaiver@debtorcc.org](mailto:support@debtorcc.org "feewaiver@debtorcc.org"). Here's [the link to the form](https://www.debtorcc.org/Pdfs/fee-waiver-request-form.pdf "the link to the form"), which you can only submit after you create an account at [DebtorCC.org](http://bit.ly/2kQEQFx "debtorcc.org").  

Read More →

Should I list my PayPal account?

If it's PayPal credit, you should list it as a creditor. If it's a standard PayPal account without any lines of credit, list it as a checking account in the financial accounts section. 

Read More →

Where can I get taxes done for free?

The IRS has free tax help centers available. Type in your [zip code here](https://irs.treasury.gov/freetaxprep/ "zip code here") to find the nearest location. 

Read More →

If a creditor was charged off, do I still need to list them?

Yes, you need to list them. A debt being charged off by the creditor does *not* mean that you don’t owe it anymore; it only means that the creditor has decided the debt is uncollectible for accounting purposes.

Read More →

What if I don't remember everyone I owe money to?

On your bankruptcy forms, you’re asked by the court to list the names and addresses of all the creditors to whom you owe money. You’re also asked to list the amount you owe, the time period during which you got the debt, and other information about each creditor.

Read More →

How do I get a fee waiver?

When Upsolve sends you your finalized forms, we will include your fee waiver if you're eligible for it. You'll find it at the end of your forms. You don't need to do anything else -- we fill it out for you. 

Read More →

I don't have my tax returns. Can I keep going?

You need to file your tax returns for the last two years, and you need to have a digital copy of these tax returns, before you can get through Upsolve. If you're waiting for your tax returns, but you know you're going to get them, you can go ahead and start the questionnaire. 

Read More →

Do I need to list all of my creditors?

You should try to do your best to list all of the companies you owe money to on your bankruptcy forms. For people in most states, it's not a big deal, however, if you forget a few creditors. Read [this article](https://upsolve.org/learn/do-not-remember-creditors-owed-chapter-7-bankruptcy. "this article") to learn more. 

Read More →

Do I include money taken out of my IRA?

No. Do not include money taken out of your account. 

Read More →

I already took my credit counseling course.

That's great! Just upload your certificate when we ask for it after the questionnaire.

Read More →

I received my counseling certificate from a different course.

That's great! Just upload it when we ask for your certificate after the questionnaire. 

Read More →

Do I have to list the amount of money I owe my creditors?

You should do your best to list the amount of money you owe all of your creditors. But you don't have to worry about getting this number exactly right. What matters is that you list all their NAMES. 

Read More →

If I sell CD's does that make me a sole proprietor?

No -- you're only a sole proprietor if you've legally registered yourself as a sole-proprietor. We'll give you the option to tell us if you're self-employed later in the process during our questionnaire. 

Read More →

Should I estimate my income if I haven't filed taxes yet?

If you do not have official documents, it is OK to estimate your gross income. If you do not feel comfortable estimating you can look at your most recent pay statement and use it to find your gross (before taxes) income year to date.

Read More →

What is Bankruptcy Form 309A, and what should I do with it?

[Bankruptcy Form 309A](http://www.uscourts.gov/sites/default/files/form_b309a_0.pdf "bankruptcy form 309a") is a form that is sent to all your creditors to notify them of your bankruptcy filing. This happens at the start of every bankruptcy case. You don’t need to do anything with this form.

Read More →

What is the difference between an EIN, TIN, and ITIN?

The acronyms that the IRS uses to identify the different types of taxpayer identification numbers can be confusing, and we get a lot of questions about these three in particular.

Read More →

Should file my taxes after my 341 Meeting?

*__It doesn't matter if you file before or after your 341 Meeting.__* The trustee is able to seize any non-exempt money that you were entitled to receive before you filed, and you were entitled to receive this refund (or at least a portion of it) based on what you paid in taxes for the whole year prior to filing.

Read More →

What is an "Official Form 309A -- No Proof of Claim?"

The court sends this document to the creditors you listed on your bankruptcy paperwork when you file. It gives each creditor important information about your case and tells them what they need to do if they have a reasonable objection to your bankruptcy.

Read More →

I have not filed yet and I am starting a new job. Should I update my forms?

Congratulations on your new job! If you have not filed yet, you will only need to update your bankruptcy forms if you will receive your first paycheck before your 341 Trustee meeting.

Read More →

What do I list as my address if I lived overseas 3 years ago?

Questions about your addresses on your bankruptcy forms are used to determine one of two things: 1. Which state you are eligible to file bankruptcy in and 2. Which state's exemptions you can use to protect your assets.

Read More →

I received returned mail about my bankruptcy case. What should I do?

What you received is probably an "Official Form 309A Notice of Chapter 7 Bankruptcy Case -- No Proof of Claim."

Read More →

I forgot to put a creditor on my bankruptcy forms that I filed. What should I do?

It’s always better to be sure that all of your creditors are listed in your bankruptcy paperwork that is filed with the Bankruptcy Court. But no matter how careful you are when completing your bankruptcy forms, mistakes like forgetting to list a debt can happen.

Read More →

How do I file my bankruptcy forms by mail?

We recommend bringing your bankruptcy forms to your local bankruptcy court to file in person. If you can't do that, you can mail the forms. 

Read More →

Should I list debts that appear on my credit report but I don't owe?

Short answer: *__Yes.__* Longer answer: It's a good idea to list all of the debts from your credit report *__that have a balance__.* Your credit report probably includes debts you have paid off -- you do not need to include these.

Read More →

Can I take my credit card out of my bankruptcy, so I can keep it?

If you have a credit card with a balance when you file bankruptcy, then you need to list it on your bankruptcy forms. This debt will automatically be discharged when your bankruptcy is approved __*unless you reaffirm it*__. If you decide to keep your credit card, you will need to contact your credit card provider and ask them their process for reaffirming this debt. 

Read More →

If I'm a widow, do I need to list my deceased spouse on my forms?

If your former spouse earned taxable income in the current year or the two years prior, you will need to list that income on your bankruptcy forms. You do not need to list any income that they earned prior to this time period, and __*you do not need to list them as a member of your household.*__

Read More →

Should I list the creditor or the collection agency that I owe?

You should list both. You can enter a Zero debt amount for the collection agency. Listing all parties to the debt is important so the Court can notify them not to contact you.

Read More →

If my spouse and I have joint debt, do I have to list them on my forms?

Yes, you do. You will list them as "someone who is legally obligated to pay your debts."

Read More →

My Trustee asked me for my tax returns, but I'm on SSD. What should I do?

You do not need to provide tax returns if you do not need to file taxes. It may be a good idea to send your trustee a copy of your award letter, so they can get a full financial picture of your life. 

Read More →

Can I add a creditor after filing my forms?

You can amend your forms and add an additional creditor. But almost always it's good enough to just call the creditor, tell them you filed, and give them your case number. In virtually all cases this will erase your debt.

Read More →

How do I make changes to the questionnaire after finishing?

You cannot go back in the questionnaire. But you'll have a chance to review and revise all of your answers before filing at the end. 

Read More →

When will I receive my final petition after the questionnaire?

At the end of the questionnaire, you will: 1. Upload any tax returns and paystubs you have, 2. Complete Credit Counseling Course #1, and 3. Choose a filing date.

Read More →

Should I list the company I owe or the lawyer contacting me?

You only need to list the companies that you actually owe money to. They are your creditors. You can call the attorneys who are contacting you and tell them that you're filing for bankruptcy. That should stop others from calling you. 

Read More →

Should I list the original credit card, or the debt collection agency?

When you're listing the companies that you owe money to, you should list current owner of the debt. So if a debt collection agency bought your debt from the original credit card you owe money to, you should list the debt collection agency. 

Read More →

Should I include student loan debt on my forms even if it can't be erased?

Yes. You should include all your debts on your bankruptcy forms, even if some cannot be erased. 

Read More →

On my bankruptcy forms, should I list debts that appear on my credit report but I don't owe?

You should list debts on your bankruptcy forms that are on your credit report even if you don't think you owe them.

Read More →

Filing for Bankruptcy with Electronic Self-Representation (ESR)

This article provides an overview of Electronic Self-Representation and how you can use it to file for Chapter 7 bankruptcy. If you're looking to file for Chapter 7 at no cost, check out Upsolve.

Read More →

10 Tips for DIY Bankruptcy Chapter 7

Looking for a way to do a DIY Chapter 7 Bankruptcy? Here’s 10 tips to make sure you DIY Chapter 7 bankruptcy goes off without a hitch.

Read More →

Best Do It Yourself Chapter 7 Bankruptcy Software

Bankruptcy doesn't have to be expensive or confusing. You can use do-it-yourself Chapter 7 bankruptcy software online. Check out Upsolve to get started with our free bankruptcy process.

Read More →

Chapter 7 Bankruptcy Forms Explained

There are 23 different forms for Chapter 7 bankruptcy that Upsolve attorneys will help you prepare. Here's a walk through of all of them.

Read More →

Upsolve is a 501(c)(3) legal aid nonprofit that started in 2016. Our mission is to help low-income Americans in financial distress get a fresh start through Chapter 7 bankruptcy at no cost. We do this by combining the power of technology with attorneys. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have mission-driven funders that include the U.S. government, former Google CEO Eric Schmidt, and private charities.

To learn more, read our reviews from past clients, or read our press coverage.

Close
Considering Bankruptcy?

Upsolve helps low-income Americans file bankruptcy on their own for free. Are you interested in our free service or would you like a free consultation with a paid attorney?

Chat with an Expert for Free