Form 108 is the Statement of Intention for Individuals Filing Under Chapter 7, and you complete it by listing every secured debt and unexpired personal property lease, then checking whether you will surrender, redeem, reaffirm, or assume each one. You sign it under penalty of perjury, file it within 30 days of your petition (or by the date of the 341 meeting, whichever is earlier), and then perform what you promised within 30 days after the 341 meeting. The form is short, but the legal consequences are large because the automatic stay can terminate on personal property if you miss the deadlines.
The governing rules sit in 11 U.S.C. § 521(a)(2), 11 U.S.C. § 362(h), and 11 U.S.C. § 365(p) for leases. The Administrative Office of the U.S. Courts publishes the Official Form 108 used in every bankruptcy court in the country. The most recent revision became effective December 1, 2024, and it tightened the certification language about reaffirmation and redemption.
According to the U.S. Courts Bankruptcy Filings report, non-business Chapter 7 filings rose 14.1% in the year ending September 30, 2024, with more than 252,000 individual Chapter 7 cases filed. That growth means more debtors are filling out Form 108 than at any time since 2014.
Here is what you will learn:
- 📝 How to complete every line of Parts 1, 2, and the signature block of Form 108.
- ⏰ The exact deadlines under § 521(a)(2) and § 362(h) and what happens when you miss them.
- 💰 How to choose between surrender, redemption under § 722, and reaffirmation under § 524(c).
- ⚖️ Key court rulings like In re Dumont and Schwab v. Reilly that shape your choices.
- 🚫 The seven biggest mistakes pro se filers make on Form 108 and how each one can wreck your fresh start.
What Form 108 Is and Why It Exists
Form 108 is the Statement of Intention for Individuals Filing Under Chapter 7, an Official Bankruptcy Form issued by the Judicial Conference of the United States. It tells the trustee, the court, and your secured creditors what you plan to do with property that secures a debt or that you lease. Congress created the form to solve a specific problem under § 521(a)(2), which requires individual Chapter 7 debtors to declare their intentions about secured collateral early so creditors are not left guessing.
The plain-English explanation is simple. If a creditor has a lien on your car, your couch, or your house, that creditor has rights that survive bankruptcy unless you take action. Form 108 forces you to pick one of four paths for each item: surrender it, redeem it, reaffirm the debt, or, for leases, assume the lease. The consequence of skipping the form, or filing it late, is that the automatic stay ends on personal property and the creditor can repossess.
A real-world example shows the stakes. Maria files Chapter 7 in the Central District of California with a 2022 Toyota Camry financed by a credit union. If Maria does not file Form 108 within 30 days, the credit union can ask the bankruptcy court to confirm the stay has lifted under § 362(h)(1) and tow the car. A common misconception is that the discharge alone protects the car. It does not, because the lien rides through bankruptcy under the rule from Long v. Bullard, 117 U.S. 617 (1886).
The Statutory Framework
The backbone of Form 108 lives in three statutes. Section 521(a)(2)(A) requires the debtor to file the statement within 30 days of the petition or by the date set for the 341 meeting, whichever is earlier. Section 521(a)(2)(B) requires the debtor to perform the intention within 30 days after the first date set for the 341 meeting. Section 362(h) is the enforcement hammer that lifts the stay if the debtor fails to file or perform.
The consequence of misreading these timelines is severe. If a debtor checks “retain and reaffirm” but never signs a reaffirmation agreement within 45 days of the 341 meeting, the property leaves the estate under § 362(h)(1)(B) and the creditor can act under state law. A scenario that plays out often: David checks reaffirm on his motorcycle loan, but his lender never sends paperwork. David does nothing, and three months later the lender repossesses because the stay terminated automatically.
A common misconception is that the 30-day filing deadline can be cured by amendment. Most courts, including the Ninth Circuit in In re Dumont, 581 F.3d 1104 (9th Cir. 2009), have held that the deadlines in § 521(a)(2) and § 362(h) are strict and self-executing.
Who Must File Form 108
Only individual debtors in Chapter 7 with secured debts or personal property leases must file Form 108. Joint debtors file one combined form, signed by both spouses. Businesses filing Chapter 7 do not file Form 108 because § 521(a)(2) applies to individuals.
If you have no secured debts and no leases, you still file the form and check the box stating you have nothing to declare. The consequence of skipping it entirely is that the U.S. Trustee may move to dismiss your case under § 707(a) for failure to comply with filing duties. A common misconception is that “no secured debt” means “no form.” The form is mandatory either way.
A short example: Priya has only credit card debt and no car, no mortgage, and no lease. She still files Form 108 and checks the box that says she has neither secured creditors nor unexpired leases. That single check protects her case from dismissal.
Line-by-Line Walkthrough of Form 108
The current Official Form 108 has a caption block, two main parts, and a signature block. The caption identifies the debtor, the joint debtor (if any), the district, and the case number. You must match the caption exactly to your Form 101 voluntary petition so the clerk can dock it correctly.
Below is a section-by-section breakdown of every checkbox and what each choice means in practice.
Caption Block and Case Information
The caption asks for the debtor’s full legal name, the joint debtor’s full legal name, the United States Bankruptcy Court for the District where you filed, and the case number. The case number comes from the clerk after you file Form 101. If you file Form 108 with the petition (a “no-look” filing), you can leave the case number blank and the clerk will stamp it.
The consequence of an inconsistent caption is delay. Clerks can reject the document under Federal Rule of Bankruptcy Procedure 5005. Always use the exact spelling, including middle initials, that appears on Form 101.
A real-world example: James Robert Smith Jr. signs Form 101 with the suffix, but writes “James Smith” on Form 108. The trustee flags it at the 341 meeting, and James must amend before discharge. The common misconception is that a nickname or shortened name is fine. It is not, because the document must match the docket.
Part 1: Secured Creditors
Part 1 asks whether you have any creditors who hold claims secured by your property. If you check “No,” you skip to Part 2. If you check “Yes,” you list each secured creditor on a separate line and choose what you will do with the collateral.
For each creditor, you must enter the creditor’s name, a description of the property, and check one of four boxes: Surrender the property, Retain the property and redeem it, Retain the property and enter into a Reaffirmation Agreement, or Retain the property and [explain]. You must also state whether the property is claimed as exempt and your decision about exemptions on Schedule C.
The plain-English explanation of each option matters. Surrender means you give the collateral back and walk away from the debt. Redeem under § 722 means you pay the creditor the replacement value of the property in one lump sum and keep it free and clear. Reaffirm under § 524(c) means you sign a new contract that survives discharge, so you keep paying and keep the property. Retain and [explain] is most often used for the so-called “ride-through,” which is no longer available in most circuits after BAPCPA.
The consequence of leaving a secured debt off Part 1 is the same as not filing at all for that creditor. The stay terminates on that property and the creditor can repossess. A common misconception is that paying current keeps the lien at bay. The lender can still repossess after the stay lifts unless reaffirmation, redemption, or surrender is completed.
Part 2: Unexpired Personal Property Leases
Part 2 covers personal property leases like a leased car, a leased phone, or leased furniture. Real property leases (apartments) are not listed here. For each lease, you list the lessor, describe the leased property, and check whether you will assume the lease under § 365(p).
Section 365(p)(2) gives the debtor a unique right. If the trustee rejects the lease (which is automatic in most consumer Chapter 7 cases), the debtor can notify the lessor in writing of the desire to assume. The lessor may then condition assumption on cure of any default. The consequence of not checking “assume” is that the lease ends and the lessor can demand the property back.
A real-world example: Carlos leases an iPhone 15 from a major carrier. He checks “assume” on Part 2, sends written notice to the lessor within 30 days, and continues paying. The carrier may require him to bring the account current. A common misconception is that assumption makes the lease debt non-dischargeable in the same way as reaffirmation. It does not, because § 365(p) assumption sits outside the § 524(c) reaffirmation framework.
The Signature Block and Certification
The bottom of Form 108 is a sworn declaration. The debtor signs under penalty of perjury that the statement of intention is true and correct. Joint debtors both sign. There is no notarization requirement, but the 28 U.S.C. § 1746 declaration language gives the signature the same legal weight.
The consequence of a false statement on Form 108 can include denial of discharge under § 727(a)(4) for a knowing and fraudulent false oath, and even criminal prosecution under 18 U.S.C. § 152. A common misconception is that listing the wrong intention is harmless because you can always change your mind. You can amend, but a knowingly false original filing can still trigger sanctions.
Three Common Form 108 Scenarios
Below are three scenarios that cover the most frequent fact patterns trustees see. Each table lays out the choice and the legal consequence in plain English.
Scenario 1: Underwater Car Loan
Tasha owes $22,000 on a 2021 Honda Civic worth $14,000. She cannot afford the payments and wants out from under the loan.
| Form 108 Choice | Resulting Outcome |
|---|---|
| Surrender the Civic | Lender repossesses; deficiency balance is discharged |
| Retain and reaffirm at $22,000 | Tasha owes $22,000 post-discharge despite $14,000 value |
| Retain and redeem at $14,000 | Tasha pays $14,000 lump sum and keeps the car free of the lien |
| Retain and [continue paying] | Most circuits reject ride-through after In re Dumont |
Scenario 2: Mortgage on a Primary Residence
Andre owns a home in Atlanta with a mortgage current and equity of about $10,000. He wants to keep the house.
| Form 108 Choice | Resulting Outcome |
|---|---|
| Surrender the home | Lender forecloses and any deficiency is discharged |
| Retain and reaffirm | Rare; most lenders refuse and courts require § 524(c) hearing |
| Retain and continue paying | Permitted in most districts because § 521(a)(6) limits only personal property |
| Claim homestead exemption on Schedule C | Protects equity up to state cap |
Scenario 3: Leased Smartphone
Lin leases a Samsung Galaxy through a wireless carrier with $600 remaining on a 24-month lease.
| Form 108 Choice | Resulting Outcome |
|---|---|
| Assume the lease under § 365(p) | Lin sends written notice; carrier may demand cure |
| Do not assume | Lease terminates and Lin must return the phone |
| Treat as secured debt by mistake | Form rejected as misclassified; risk of late amendment |
Three Named Examples in Practice
Example A — Maria and the Camry. Maria files Chapter 7 in Los Angeles. Her 2022 Toyota Camry has a payoff of $18,000 and a fair market value of $19,500. Because the loan is below value, Maria checks “Retain and Reaffirm” on Form 108. She signs the reaffirmation agreement before the 341 meeting, and her attorney certifies it does not impose an undue hardship under § 524(c)(3). The court approves it without a hearing because Maria has a positive monthly budget on Schedule J.
Example B — David and the Motorcycle. David in Phoenix owes $9,000 on a Harley-Davidson worth $5,000. He checks “Retain and Redeem” because § 722 lets him pay only the $5,000 replacement value. He files a motion to redeem under Federal Rule of Bankruptcy Procedure 6008, the court sets a valuation hearing, and David finances the redemption through a specialty lender. He saves $4,000 in deficiency.
Example C — Priya and the Furniture. Priya in Chicago bought a $4,500 sofa and dining set with a purchase money security interest at a furniture store. The collateral is now worth $900. Priya checks “Surrender” because reaffirming household goods almost never makes financial sense. The store picks up the furniture, and the deficiency is discharged. Priya keeps her exempt household necessities under her state’s exemption.
Mistakes to Avoid on Form 108
The following errors come up again and again at the 341 meeting. Each one carries a real-world cost.
- Missing the 30-day filing deadline. The stay can lift on personal property under § 362(h), and the creditor can repossess immediately.
- Listing only some secured creditors. Any secured creditor not listed gets to act on the collateral after the stay terminates, even if the debt is dischargeable.
- Confusing redemption with reaffirmation. Redemption needs a lump sum; reaffirmation creates a new contract that survives discharge, and mixing them up can lock a debtor into an unpayable agreement.
- Forgetting Part 2 leases. A leased phone or car not assumed under § 365(p) is gone, and the lessor can demand return at any time.
- Signing a reaffirmation without budget room. The court will not approve a reaffirmation that creates a presumption of undue hardship under § 524(m), and a denied reaffirmation can leave the debtor without the protection they intended.
- Failing to perform within 30 days of the 341 meeting. Section 521(a)(2)(B) requires action, not just a stated intention, and inaction triggers stay termination.
- Using inconsistent property descriptions. Vague descriptions like “the car” instead of “2022 Toyota Camry, VIN ending 1234” can give a creditor an opening to argue lack of notice.
Do’s and Don’ts
The following list captures best practices and pitfalls.
Do file Form 108 with your petition whenever possible because doing so avoids the 30-day clock entirely and shows good faith to the trustee.
Do match the caption to Form 101 exactly because the clerk’s docketing system rejects inconsistent captions under Bankruptcy Rule 5005.
Do confirm the replacement value before redeeming because § 506(a)(2) sets value at retail replacement cost for personal use property.
Do request a reaffirmation hearing if your budget shows a deficit because the court can approve reaffirmation despite hardship if you appear pro se under § 524(m).
Do send written § 365(p) notice to the lessor within 30 days because failing to do so cancels assumption rights.
Don’t check more than one box per creditor because contradictory intentions can be treated as no intention at all.
Don’t rely on the old “ride-through” doctrine in circuits that follow In re Dumont, because the lender can demand reaffirmation or repossession.
Don’t reaffirm household goods bought on store credit because the PMSI is rarely enforced and reaffirmation only revives an unpayable balance.
Don’t ignore co-debtor consequences because a non-filing co-signer remains fully liable.
Don’t forget to update Schedule C exemptions, because the Supreme Court in Schwab v. Reilly, 560 U.S. 770 (2010), held that exemption disputes turn on the dollar value claimed, not the description.
Pros and Cons of Each Path
Each option on Form 108 has trade-offs.
Pros of Surrender — Eliminates the debt entirely, ends payments immediately, removes insurance and maintenance costs, lets the debtor walk away from underwater collateral, and triggers no further court hearing.
Cons of Surrender — Loss of the property, possible negative impact on credit reporting, no ability to drive or use the asset, possible deficiency dispute over § 506(a) value, and emotional cost when the asset is a home.
Pros of Redemption — Saves money when the loan exceeds value, ends the lien permanently, allows lump-sum payoff through specialty lenders, can be done by motion under Rule 6008, and provides certainty.
Cons of Redemption — Requires cash or new financing, only available for tangible personal property used for personal/family/household use, requires court valuation if disputed, and may carry high redemption-loan interest rates.
Pros of Reaffirmation — Keeps property, preserves payment history, allows continuation of insurance, can rebuild credit, and is enforceable under § 524(c).
Cons of Reaffirmation — Debt survives discharge, presumption of undue hardship can arise under § 524(m), default after reaffirmation is not dischargeable in a future case for years, lender may refuse, and pro se debtors face mandatory court hearings.
Local Court Nuances
Although Form 108 is federal, local rules shape how it is enforced. The Southern District of New York requires reaffirmation hearings for unrepresented debtors. The Central District of California has standing orders on redemption motions. The Northern District of Illinois sets specific deadlines for filing the reaffirmation agreement after the 341 meeting. The Southern District of Florida has detailed local rules on personal property leases.
The plain-English explanation is that local rules cannot expand or shrink statutory deadlines, but they can require additional documents like a separate reaffirmation cover sheet. The consequence of missing a local rule is rejection of the document and a potential continued 341 meeting. A common misconception is that local rules are optional. They are not, because Bankruptcy Rule 9029 authorizes them and gives them force of federal law.
A real-world example: Liam in Miami files Form 108 but skips the local certification of debtor’s intention required by the Southern District of Florida Local Rules. The clerk flags it, and his 341 meeting is continued by 30 days, which pushes back his discharge.
Key Court Rulings That Shape Form 108
Several decisions guide how courts read Form 108 obligations.
Long v. Bullard, 117 U.S. 617 (1886), established that liens pass through bankruptcy unaffected unless avoided. That principle is why surrender, redemption, and reaffirmation matter.
In re Dumont, 581 F.3d 1104 (9th Cir. 2009), held that BAPCPA eliminated ride-through for personal property in most circumstances, forcing debtors to pick a § 521(a)(2) option.
Schwab v. Reilly, 560 U.S. 770 (2010), shaped how exemption claims interact with secured property listed on Form 108. Debtors must state a specific dollar amount to lock in protection.
Taylor v. Freeland & Kronz, 503 U.S. 638 (1992), held that an unobjected-to exemption stands even if the claim is legally improper, which interacts with how Form 108 treats exempt collateral.
The plain-English consequence is that Form 108 is not just a checkbox exercise. It interacts with decades of case law that can dictate whether a debtor keeps a car, a home, or a paycheck.
How Form 108 Connects to Other Bankruptcy Forms
Form 108 does not stand alone. It works with Form 101 (the petition), Schedule A/B (property), Schedule C (exemptions), Schedule D (secured creditors), and Schedule G (unexpired leases). Every secured creditor on Schedule D should appear on Form 108 Part 1, and every personal property lease on Schedule G should appear on Part 2.
The consequence of inconsistencies between schedules and Form 108 is delay and possible objection by the U.S. Trustee. A common misconception is that the trustee will only look at Form 108. Trustees cross-check every secured listing across multiple forms.
A real-world example: Nina lists a leased treadmill on Schedule G but forgets to include it on Form 108 Part 2. The trustee objects, the lessor reclaims the treadmill, and Nina loses the option to assume.
Performing the Stated Intention
Filing Form 108 is only step one. Section 521(a)(2)(B) requires the debtor to perform the intention within 30 days of the first date set for the 341 meeting. Performance means delivering the collateral for surrender, filing the redemption motion and paying, or signing and filing the reaffirmation agreement.
The consequence of inaction is automatic stay termination on personal property under § 362(h)(1). The plain-English explanation is that the law expects follow-through, not just promises. A common misconception is that the trustee will remind the debtor. The duty is on the debtor, not the trustee, and the U.S. Trustee Program Handbook makes that clear.
Frequently Asked Questions
Is Form 108 required if I have no secured debts?
Yes. You must still file Form 108 and check the box stating you have no secured creditors and no unexpired personal property leases. Failing to file at all can prompt dismissal under § 707(a).
Can I change my mind after filing Form 108?
Yes. You can amend Form 108 at any time before discharge by filing an amended statement, and most courts accept it without a fee, though local rules may require a notice of amendment.
Does Form 108 cover real property leases like my apartment?
No. Part 2 covers only unexpired personal property leases under § 365(p), so apartment leases and other real property leases are listed on Schedule G but not on Form 108.
Is reaffirmation always approved by the court?
No. A reaffirmation can be denied if your budget shows a presumption of undue hardship under § 524(m) and you cannot rebut it, especially if you are unrepresented and appear at a hearing.
Can I redeem a car if I cannot pay the full value at once?
No. Redemption under § 722 requires a single lump-sum payment of the property’s replacement value, although specialty redemption lenders exist to finance the payoff.
Do co-signers benefit from my Form 108 surrender?
No. Surrender ends your liability on the deficiency, but a non-filing co-signer remains fully responsible for any deficiency balance under state contract law.
Will the trustee object if I check “retain and continue paying”?
No. Trustees rarely object on real property, but personal property “retain and pay” without redemption or reaffirmation is rejected in most circuits after In re Dumont.
Is the deadline truly 30 days from the petition?
Yes. Section 521(a)(2)(A) sets it at 30 days from filing the petition or the date scheduled for the 341 meeting, whichever is earlier, and most courts treat it strictly.
Can I file Form 108 electronically without an attorney?
Yes. Pro se debtors can file Form 108 in person, by mail, or through the court’s electronic self-representation portal where available, and the form must be signed and dated by the debtor.
Does Form 108 affect my credit report?
Yes. The choice you make on Form 108 affects how the debt and the lien report after discharge, with surrender often appearing as “included in bankruptcy” and reaffirmation continuing as an active tradeline.
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