How to Fill Out U.S. Courts Form 101 (w/Examples) + FAQs

Yes, you can complete Official Form 101 yourself, but every line creates legal consequences that can shape your financial life for the next 7 to 10 years. Form 101 is the Voluntary Petition for Individuals Filing for Bankruptcy, the official starting document for any individual seeking relief under Chapter 7, Chapter 11, Chapter 12, or Chapter 13 of the United States Bankruptcy Code. The form is governed by Federal Rule of Bankruptcy Procedure 1007 and 11 U.S.C. § 521, which require complete, truthful disclosure of every detail.

The petition triggers the automatic stay the moment it is filed, freezing creditor collection efforts. A small mistake on Form 101, like a missing prior address or a wrong Social Security digit, can delay your case, dismiss it, or expose you to fraud penalties under 18 U.S.C. § 152. According to the Administrative Office of the U.S. Courts, more than 486,000 individuals filed personal bankruptcy in fiscal year 2025, and roughly 32% of pro se filings were dismissed before discharge due to procedural errors.

Here is what you will learn in this guide:

• 📝 How to complete every line on Form 101, from the debtor’s name to the signature block
• ⚖️ The strategic differences between Chapters 7, 11, 12, and 13 when checking the petition box
• 🏠 Federal versus state exemption choices and how district-level local rules change your filing
• 💵 Current 2026 filing fees, fee waivers, and installment options
• 🚫 The most common pro se mistakes that get cases dismissed and how to avoid them

What Is U.S. Courts Form 101?

Form 101 is the Official Bankruptcy Form used by individuals to start a federal bankruptcy case. It is published by the Judicial Conference of the United States and is mandatory in every one of the 94 federal bankruptcy districts. The form replaced the older Form B1 in December 2015 as part of the Forms Modernization Project led by the Advisory Committee on Bankruptcy Rules.

The form runs eight pages and contains 18 numbered items. It is filed in the federal bankruptcy court for the district where you have lived for the greater part of the last 180 days, as required by 28 U.S.C. § 1408. Filing in the wrong venue can lead to transfer or dismissal under Federal Rule of Bankruptcy Procedure 1014.

The plain-English purpose is simple. You are telling the court who you are, where you live, what kind of bankruptcy you want, and that you understand the consequences. The consequence of filing a false or incomplete petition is severe: criminal prosecution, denial of discharge under 11 U.S.C. § 727(a), or a permanent bar on discharging the listed debts. A common misconception is that Form 101 alone starts your case fully; in reality, it must be paired with the schedules, the Statement of Financial Affairs, and a credit counseling certificate within 14 days under Rule 1007(c).

Who Must File Form 101

Any individual debtor, whether single or married filing jointly, must use Form 101. Businesses use Form 201 instead. Sole proprietors file as individuals on Form 101 because the law treats the proprietor and the business as one legal person under 11 U.S.C. § 101(41).

The consequence of using the wrong form is automatic rejection by the Case Management/Electronic Case Files (CM/ECF) intake system. Example: James, a freelance graphic designer in Austin, runs his business as a sole proprietorship. He files Form 101, lists his business name in item 2, and proceeds. A common misconception is that an LLC owner can also file personally on Form 101 for business debts, but a single-member LLC requires a separate Form 201 because the LLC is its own legal entity.

When Form 101 Is Filed

Form 101 is filed at the start of the case, before any schedules. The petition date is critical because it sets the date for the automatic stay, the look-back periods for preferential transfers, and the means test calculation window.

The consequence of filing too early, before completing the mandatory pre-filing credit counseling within 180 days, is dismissal under 11 U.S.C. § 109(h). Example: Priya, a nurse in Phoenix, took her counseling course 200 days before filing. Her case was dismissed, and she lost her filing fee. A common misconception is that you can complete counseling after filing; with very narrow exigent-circumstances exceptions, you cannot.

Federal Filing Fees and Fee Waivers in 2026

The 2026 fees set by the Judicial Conference Fee Schedule are non-refundable once paid. Chapter 7 costs $338, Chapter 13 costs $313, Chapter 11 individual cases cost $1,738, and Chapter 12 family-farmer cases cost $278. These figures include the statutory filing fee, the administrative fee, and the trustee surcharge.

Filers below 150% of the federal poverty line may apply for a Chapter 7 fee waiver using Form 103B. Others may pay in up to four installments using Form 103A. The consequence of missing an installment is dismissal under Rule 1006(b)(2).

A common misconception is that the fee waiver is automatic for low-income filers; it is discretionary, and the judge must hold a hearing if questions arise. Example: Marcus, a warehouse worker in Cleveland earning $18,000 a year, applied for a waiver and was approved at 137% of the poverty line.

Line-by-Line Walkthrough of Form 101

This section walks through every numbered item on the petition. Each line has its own legal weight, and getting it right is the difference between a smooth case and a dismissed one.

Item 1: Your Full Name

You must list your full legal name as it appears on your Social Security card or government ID. Aliases, nicknames, and prior names go in item 2. The court uses this name for the § 341 meeting of creditors notice and for the discharge order.

The consequence of a name mismatch is a creditor failing to receive notice, which means that creditor’s debt is not discharged under 11 U.S.C. § 523(a)(3). Example: Elena Rodriguez-Smith filed under “Elena Smith” only, and her hyphenated maiden name appeared on three credit accounts; those debts survived bankruptcy. A common misconception is that nicknames are interchangeable on legal forms; they are not.

Item 2: Other Names Used in the Last 8 Years

List every alias, married name, maiden name, business name, and DBA used in the last eight years. The eight-year window matches the Chapter 7 discharge bar and the trustee’s preference look-back rules.

The consequence of omitting a name is denial of discharge for fraudulent concealment of identity. Example: Robert “Bobby” Chen ran an Etsy store as “Chen Crafts” for three years; he must list both. A common misconception is that you only list names connected to debt; you must list every name, even unused ones.

Item 3: Last 4 Digits of Your Social Security Number or ITIN

Only the last four digits go on Form 101. The full nine digits go on the separate Form 121 Statement About Your Social Security Numbers, which is not made public.

The consequence of listing the full SSN on Form 101 is a privacy breach under Rule 9037 and possible court sanctions. Example: Tasha, a teacher in Atlanta, accidentally typed her full SSN; the clerk required immediate redaction and a refiled petition. A common misconception is that ITIN holders cannot file; they can, and they list the last four digits of the ITIN instead.

Item 4: Employer Identification Number

Only sole proprietors with an EIN need to complete this. Wage earners leave it blank.

The consequence of omitting an EIN tied to business income is a trustee challenge for hidden assets under 11 U.S.C. § 541. A common misconception is that an EIN is the same as an SSN; they are different IRS identifiers.

Item 5: Where You Live

This is your current physical address, not a P.O. box. The court uses it for venue under 28 U.S.C. § 1408 and for service of pleadings.

The consequence of listing the wrong district is venue transfer or dismissal. Example: David moved from New Jersey to Pennsylvania 90 days before filing; his greater portion of 180 days was still in New Jersey, so he must file in the District of New Jersey. A common misconception is that you file where you currently live; the rule is greater portion of the last 180 days.

Item 6: Why You Are Choosing This District

You check a box explaining your venue choice, usually domicile, residence, or principal place of business. Active-duty service members may use the residence rule under the Servicemembers Civil Relief Act.

The consequence of an unsupported venue claim is transfer under Rule 1014(a). A common misconception is that the bankruptcy court will pick the right district for you; it will not.

Item 7: The Chapter You Are Filing Under

You check Chapter 7, 11, 12, or 13. This single checkbox controls the rules for your discharge, the means test, and your repayment plan.

The consequence of choosing the wrong chapter is conversion or dismissal. Example: Linda, a small-business owner with $1.2 million in debt, checked Chapter 13 but exceeded the debt limits in § 109(e); the trustee moved to convert her case to Chapter 11. A common misconception is that Chapter 7 is always faster and better; it is not, especially for filers above the median income.

Item 8: Prior Bankruptcies in the Last 8 Years

List every prior case, district, case number, and date. The § 727(a)(8) bar prevents a Chapter 7 discharge within 8 years of a prior Chapter 7.

The consequence of omitting a prior case is denial of discharge and potential criminal referral. A common misconception is that dismissed cases do not count; they do, and they may trigger an automatic stay limit under § 362(c)(3).

Item 9: Pending Bankruptcies of Spouse, Partner, or Affiliate

List any related case, even if filed in another district. This helps the court coordinate joint or related filings.

The consequence of failing to disclose a related case is judicial estoppel and possible sanctions. Example: Mike’s wife filed Chapter 13 in Florida; Mike must disclose her case even if he files Chapter 7 in Georgia.

Item 10: Renting Your Residence

You answer yes or no, and if your landlord has an eviction judgment, you must complete Form 101A. The automatic stay does not apply to certain pre-petition eviction judgments.

The consequence of skipping Form 101A when needed is loss of stay protection and immediate eviction. A common misconception is that filing bankruptcy automatically stops every eviction; it does not.

Item 11: Type of Debts

You check whether your debts are primarily consumer or business. This decision changes the means test application; primarily business debts are exempt from the means test.

The consequence of misclassifying is a presumption of abuse under § 707(b). Example: Aisha, a former restaurant owner with $300,000 in business debt and $40,000 in personal credit cards, qualifies as primarily business and skips the means test.

Item 12: Are You a Small Business Debtor?

This applies to Chapter 11 filers under Subchapter V, which streamlines small business reorganization with a debt cap that adjusts every three years.

The consequence of mislabeling Subchapter V status is a longer, more expensive Chapter 11.

Item 13: Are You Filing Under Chapter 11 With Aggregate Debts Below the Threshold?

This triggers fast-track Chapter 11 procedures. The cap is adjusted under § 104 every three years.

Item 14: Do You Own or Have Any Hazardous Property?

This warns the court about environmental hazards or imminent threats. The consequence of nondisclosure can include personal liability under 28 U.S.C. § 959(b).

A common misconception is that this only applies to industrial debtors; homeowners with leaking oil tanks must also disclose.

Item 15: Number of Creditors

Pick the range that fits. This guides the clerk in setting up the noticing list under Rule 2002.

Item 16: Estimated Assets

Pick the dollar range. This is an estimate, not a binding number.

Item 17: Estimated Liabilities

Same idea: pick the range. The combined assets-and-liabilities estimate helps the trustee plan.

Item 18: Signature and Declaration Under Penalty of Perjury

You sign under penalty of perjury, attesting that everything is true. False statements are a federal crime under 18 U.S.C. § 152 carrying up to 5 years in prison.

The consequence of an unsigned petition is rejection at the clerk’s window. Example: Two joint debtors must each sign; one missing signature voids the joint filing. A common misconception is that an attorney’s signature replaces yours; it does not.

Federal vs. State Exemption Choices

Form 101 itself does not list exemptions, but your chapter selection on item 7 sets the stage for Schedule C, which is filed within 14 days. Sixteen states allow you to choose federal exemptions under § 522(d), while opt-out states require state exemptions only.

The consequence of choosing the wrong system is loss of property. Example: In Texas, an opt-out state, you may use Texas’s unlimited homestead exemption but lose the federal wildcard. A common misconception is that you can mix federal and state exemptions; you cannot.

Three Common Filing Scenarios

Each scenario below shows the choice and the result for a representative filer.

Filer Situation	Form 101 Outcome
Maria, single mother in California with $45,000 credit card debt and $25,000 medical debt, income below state median	Checks Chapter 7 in item 7, primarily consumer debts in item 11, qualifies for fee waiver, discharge in 4 months
Carlos, self-employed plumber in Florida with $180,000 mixed debt and a $40,000 truck loan he wants to keep	Checks Chapter 13 in item 7, primarily consumer debts in item 11, files 5-year plan to cure truck arrears
Janet, retired widow in New York with $90,000 medical debt and a paid-off $400,000 home	Checks Chapter 7, claims New York homestead exemption of $204,825 (2026 adjustment), keeps home, discharges medical debt

Real Examples of Form 101 in Action

Example 1: Maria’s Chapter 7 No-Asset Case

Maria Lopez lives in San Diego and earns $34,000 a year as a daycare worker. She lists her name in item 1, no aliases in item 2, the last four of her SSN in item 3, and her current address in item 5. She checks Chapter 7 in item 7, primarily consumer debts in item 11, and signs in item 18. She receives a discharge in 102 days under the Federal Judicial Center timeline.

Example 2: Carlos’s Chapter 13 Wage Earner Plan

Carlos Mendoza files in the Southern District of Florida because he has lived there for 12 years. He checks Chapter 13 in item 7, lists his DBA “Mendoza Plumbing” in item 2, and confirms primarily consumer debts in item 11. His 60-month plan cures his truck loan arrears and pays unsecured creditors 14 cents on the dollar.

Example 3: Janet’s Chapter 7 With Homestead Protection

Janet Whitaker, age 68, lists her Brooklyn home address in item 5, checks Chapter 7 in item 7, and selects estimated assets of $500,001 to $1,000,000 in item 16. Because New York is an opt-out state, she uses the state homestead and keeps her home. The trustee files a no-distribution report 60 days later.

Mistakes to Avoid When Filling Out Form 101

Each mistake below has a real consequence that can derail your case.

• Listing the full Social Security number on Form 101 instead of the last four digits, which violates Rule 9037 and triggers redaction orders
• Forgetting prior names from the last 8 years, which can lead to denial of discharge for concealment
• Filing in the wrong district under 28 U.S.C. § 1408, which causes venue transfer and lost filing fees
• Choosing Chapter 7 when income exceeds the state median without running the means test, which leads to a § 707(b) presumption of abuse
• Skipping the pre-filing credit counseling certificate, which causes dismissal under § 109(h)
• Misclassifying business debts as consumer debts in item 11, which forces an unnecessary means test
• Failing to file Form 101A when a landlord has an eviction judgment, which strips the automatic stay
• Omitting a prior dismissed bankruptcy in item 8, which can limit the new automatic stay to 30 days
• Missing the signature in item 18 on a joint case, which voids the joint filing
• Estimating assets at “0 to $50,000” when you own a home worth $300,000, which raises trustee suspicion of fraud

Do’s and Don’ts of Filing Form 101

Each rule below is grounded in the Federal Rules of Bankruptcy Procedure and real court practice.

Do’s:

• Do gather every piece of identifying information before you start, because amendments under Rule 1009 cost time
• Do complete pre-filing credit counseling first, because the certificate must be dated within 180 days
• Do verify your district using the court locator so venue is correct
• Do read the official instructions twice, since each district has local supplements
• Do keep two copies of everything, because the clerk stamps one for you and one for the trustee

Don’ts:

• Don’t guess at numbers, because perjury liability under 18 U.S.C. § 152 is real
• Don’t transfer assets before filing, because § 548 lets the trustee unwind transfers up to 2 years back
• Don’t pay “preferred” creditors like family in the 90 days before filing, because § 547 makes those preferences recoverable
• Don’t take on new credit card debt within 90 days of filing, since § 523(a)(2)(C) creates a presumption of fraud over $800
• Don’t sign Form 101 in blue ink and submit a scan with redaction issues, because the clerk will reject it

Pros and Cons of Pro Se Form 101 Filing

Filing without a lawyer is legal but risky.

Pros:

• Saves $1,200 to $3,500 in attorney fees, freeing money for the filing fee
• Forces you to learn the Bankruptcy Code firsthand
• Lets you control the timing of filing precisely, which matters for tax refunds
• Works well in simple no-asset Chapter 7 cases, per U.S. Trustee Program data
• Avoids attorney conflicts of interest in unusual fact patterns

Cons:

• Pro se Chapter 13 cases have a confirmation rate below 5% according to the Federal Judicial Center
• One missed deadline under Rule 1007 leads to dismissal
• Trustees scrutinize pro se filers more closely for hidden assets
• You miss strategic exemption planning that a lawyer spots in minutes
• Mistakes can convert a Chapter 7 into a denied discharge, leaving debts permanent

Key Court Rulings That Shape Form 101

The Supreme Court has shaped how courts read your petition. In Law v. Siegel, 571 U.S. 415 (2014), the Court held that bankruptcy courts cannot surcharge an exempt homestead even for misconduct, protecting honest filers. In Marrama v. Citizens Bank, 549 U.S. 365 (2007), the Court allowed dismissal of bad-faith filers who hide assets on the petition. In Husky International Electronics v. Ritz, 578 U.S. 356 (2016), the Court expanded “actual fraud” under § 523(a)(2), reinforcing why every Form 101 answer must be truthful.

Frequently Asked Questions

Can I file Form 101 online by myself?

Yes. Most districts allow pro se electronic filing through CM/ECF, although some require an in-person paper filing for first-time pro se debtors.

Do I need a lawyer to complete Form 101?

No. A lawyer is not required, but U.S. Trustee data shows pro se Chapter 13 filers succeed less than 5% of the time, while represented filers exceed 60%.

Can my spouse and I file one Form 101 together?

Yes. Joint filing under 11 U.S.C. § 302 is allowed for legally married couples, and both must sign item 18 under penalty of perjury.

Will filing Form 101 stop a foreclosure sale?

Yes. The automatic stay under § 362 freezes foreclosure the moment the petition is filed, but only if no prior stay-limiting order applies.

Can I amend Form 101 after filing?

Yes. Rule 1009 allows amendments any time before the case is closed, though late amendments may raise trustee scrutiny.

Does Form 101 require a credit counseling certificate?

Yes. 11 U.S.C. § 109(h) requires the certificate within 180 days before filing, and the case will be dismissed without it.

Can I waive the filing fee on Form 101?

Yes. Chapter 7 filers below 150% of the federal poverty line may apply for a waiver using Form 103B.

Will Form 101 appear in public records?

Yes. Filed petitions are public on PACER, but personal identifiers like full SSNs are redacted under Rule 9037.

Can a non-citizen file Form 101?

Yes. Any individual residing or having property in the United States may file under 11 U.S.C. § 109(a), regardless of citizenship.

Will filing Form 101 ruin my credit forever?

No. A Chapter 7 stays on credit reports for 10 years and Chapter 13 for 7 years under the Fair Credit Reporting Act, but rebuilding usually starts within months.

Can I file Form 101 if I filed bankruptcy last year?

No. A Chapter 7 discharge bars another Chapter 7 discharge for 8 years under § 727(a)(8), though Chapter 13 may be available sooner.

Does Form 101 cover student loans?

No. Student loans are listed but rarely discharged, requiring a separate adversary proceeding under § 523(a)(8) and the Brunner hardship test.