You are here

Voluntary Petition for Individuals Filing for Bankruptcy

Produced by Attorney Mariah Jennings-Rampsi for MassLegalHelp
Created October 2016

Get the Voluntary Petition for Individuals Filing for Bankruptcy from the US Bankruptcy Court website.

Save the form on your computer.

In the top box

Skip the 1st blank that asks for the District. Put "Massachusetts". in the blank that asks for your state.

_________District of Massachusetts

Or, just pick District of Massachusetts from the Dropdown box.

Check the box for "Chapter 7".

The clerk will give you the Case No. when you file your Bankruptcy Petition.

Answer all the questions. Most of the form is easy to fill out. Some parts are not as easy to understand. It is important to understand the question before you answer it. Some of the complicated parts are:

Question 8

Paying the Filing Fee

If your income is low enough, you can ask not to pay the filing fee. File an Application for Waiver of Filing Fee. Use the form to show the court you qualify for the filing fee waiver. If your income is too high and you still cannot afford the fee, you can ask the court to let you pay the fee in a few payments. File an Application for Individuals to Pay the Filing Fee in Installments.

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

Use Part 5 of the Voluntary Petition for to tell the court you took a credit counseling course with a consumer credit counseling service. You must take a course before you can file bankruptcy. After you take the course they will give you a certificate.

Attach the certificate they give you to the end of your petition. If you are filing jointly, your spouse must also take the court and check the box on the petition. They must attach their own separate counseling certificate.

Part 6 Answer These Questions for Reporting Purposes

Question 16

Check "Yes" if your debts are mostly for non-business

If your debts are mostly from a business, check "No" and then answer 16b.

Question 17

Check the box to say "yes” you are filing for a chapter 7 bankruptcy.

To answer the second part of the question, look at your Schedule C:

  • If any of the amounts in "Amount of the exemption you claim” are less than the amount in "Current value of the portion you own” check "Yes".
  • If the amounts under "Amount of the exemption you claim” and "Current value of the portion you own” are the same for all the items on Schedule C check "No".

Question 18

Check the box for the number of creditors you have.  You will know this number from the list of creditor addresses in your Creditor Matrix.  Count the number of creditors in your list of creditor addresses.

Question 19

Check the box that fits the value of all your property. This includes real property and personal property.  You already listed this dollar amount at the end of schedule A/B.

Question 20

Check the box that matches the amount you get when you add the total from your Schedule D to the total on your Schedule E/F.

Part 7

Carefully read the For you section on page 6 and page 8.

If you understand and agree, check the boxes, sign and date both pages.

Use today’s date.

It does not need to be the date you actually file your bankruptcy.

Filing without a lawyer

  • Bankruptcy is complicated. Filing without a lawyer is risky.
  • You can lose property and money. You can go to jail if you do not tell the truth.

Ask a Law Librarian

If it's
Monday-Friday
between
9am and 4pm