Yes, you can fill out Official Form 201 yourself, but a single mistake on this 6-page document can delay your bankruptcy case, draw a U.S. Trustee objection, or trigger outright dismissal under 11 U.S.C. § 707(a). Form 201, the Voluntary Petition for Non-Individuals Filing for Bankruptcy, is the official starting document a corporation, LLC, partnership, or other non-individual debtor files to open a case under Chapter 7, Chapter 9, Chapter 11, Chapter 12, or Chapter 15 of the Bankruptcy Code.
The form is mandated by Federal Rule of Bankruptcy Procedure 1002 and the Official Forms prescribed by the Judicial Conference of the United States. Filing a petition that is incomplete, signed by the wrong person, or filed in the wrong venue can result in immediate dismissal, conversion, or sanctions under Bankruptcy Rule 9011.
According to the Administrative Office of the U.S. Courts, business bankruptcy filings rose more than 40% in fiscal year 2024, with non-individual Chapter 11 cases reaching their highest level in over a decade — every one of those cases started with Form 201.
Here is what you will learn in this guide:
- 📝 How to complete every line, box, and signature block on Form 201 without missing a required field.
- ⚖️ Which chapter to check on Page 2 and the legal consequences of choosing the wrong one.
- 🏢 How to handle small business debtor and Subchapter V elections under 11 U.S.C. § 1182.
- 💰 The exact filing fees, installment options under Bankruptcy Rule 1006, and consequences of underpaying.
- 🚨 The 7 most common mistakes that trigger U.S. Trustee objections, dismissal, or bad-faith findings under § 1112(b).
What Form 201 Is and Why It Matters
Official Form 201 is the federal voluntary petition that any non-individual debtor — including a corporation, limited liability company, partnership, or non-profit — files to commence a bankruptcy case. The form is a creature of Bankruptcy Rule 1002, which requires that every petition be filed on the Official Form prescribed by the Judicial Conference. Once filed, the petition operates as an order for relief under 11 U.S.C. § 301, instantly creating the bankruptcy estate and triggering the powerful automatic stay of § 362.
Plain English: Form 201 is the on-switch for the entire bankruptcy. Nothing happens until it is filed and the court accepts it.
The consequence of filing a defective Form 201 is severe. The clerk may refuse to accept it, the U.S. Trustee may move to dismiss under § 1112(b)(4)(F), or creditors may obtain stay relief because the case was never properly opened. A real-world example is In re Wilson, where a petition signed by the wrong corporate officer was treated as a nullity by the court.
A common misconception is that Form 201 is interchangeable with Form 101. It is not. Form 101 is only for individuals and joint debtors; Form 201 is only for non-individuals. Filing the wrong form is grounds for the clerk to reject the petition under local rules in most districts, including the Southern District of New York.
Who Must File Form 201
Any entity that is not a human being uses Form 201. That includes corporations (C-corps and S-corps), limited liability companies, general and limited partnerships, business trusts, and even municipalities filing under Chapter 9. Sole proprietors, however, file Form 101 because the owner — not the business — is the debtor.
The consequence of using the wrong form is that the clerk’s office in most districts, such as the Northern District of California, will reject the petition outright. A misconception worth correcting is that single-member LLCs file as individuals; under 11 U.S.C. § 101(41), an LLC is a person but not an individual, so it always files Form 201.
Why the Filing Date Controls Everything
The date stamped on Form 201 is the petition date. That single date sets the look-back periods for preferential transfers (90 days, or one year for insiders), fraudulent transfers (two years federally, longer under state law via § 544(b)), and the cut-off for property of the estate under § 541.
The consequence of getting the petition date wrong, or filing on a Friday afternoon when a foreclosure is set for Monday, can mean losing the automatic stay protection by hours. A useful example is In re Kerr, where the timing of the petition determined whether a foreclosure sale was void.
Page-by-Page Walkthrough of Form 201
The form has 11 numbered sections spread across roughly 6 pages. Every box matters, and the official instructions explain each line, but the form is denser than it looks. Below is a walk through every box, why it exists, and what happens if you get it wrong.
Section 1: Debtor’s Name
Enter the exact legal name of the entity as it appears on the Secretary of State registration. Do not use a trade name here; trade names go in Section 2. The legal basis is Bankruptcy Rule 1005, which requires the correct caption.
The consequence of using a misspelled or shortened name is that creditors searching PACER may never find the case, and discharge or plan confirmation may not bind those creditors under due-process principles articulated in Mullane v. Central Hanover Bank. For example, Acme Plumbing Solutions, LLC should never be entered as Acme Plumbing.
A common misconception is that punctuation does not matter. It does. Acme, Inc. and Acme Inc are treated as different entities in PACER searches.
Section 2: All Other Names Used in Last 8 Years
List every d/b/a, trade name, and former legal name the debtor used during the past 8 years. The 8-year window mirrors the look-back in § 727(a)(8) for prior discharges and matches the typical statute of limitations for many state-law claims.
The consequence of omitting a former name is that creditors of that prior identity may later argue they had no notice and seek to except their debts from discharge under § 523(a)(3). A real example: a restaurant that operated as Joe’s Diner before reincorporating as Joe’s Eatery LLC must list both.
A misconception is that only formal d/b/a filings need to be listed. Any name the business used, even informally on invoices, must be disclosed.
Section 3: Debtor’s Federal EIN
Enter the Employer Identification Number issued by the IRS. If the debtor has more than one EIN — common after mergers — list all of them.
The consequence of an inaccurate EIN is that the IRS and state tax authorities cannot match the bankruptcy notice to their records, allowing tax claims to survive that should have been discharged or dealt with under § 505.
A misconception: some filers enter a Social Security Number when an LLC has not yet obtained an EIN. That is wrong. The entity must obtain an EIN, even mid-filing, because non-individuals do not have SSNs.
Section 4: Principal Place of Business and Mailing Address
The principal place of business is where the debtor’s officers direct, control, and coordinate operations — the nerve center test from Hertz Corp. v. Friend. This address controls venue under 28 U.S.C. § 1408.
The consequence of listing the wrong location is a venue transfer or dismissal under 28 U.S.C. § 1406. For example, a Delaware-incorporated company headquartered in Austin can file in Delaware or the Western District of Texas; choosing somewhere else risks transfer.
A misconception is that the registered agent’s address counts as the principal place of business. It does not.
Section 5: Debtor’s Website (URL)
List every URL the debtor operates. This is required so the U.S. Trustee Program and creditors can verify ongoing operations.
The consequence of omitting a website is a possible bad-faith finding if the trustee later discovers undisclosed e-commerce revenue. For example, In re Bake Co. listed only its main site but ran a hidden Shopify store that the trustee later treated as a concealment of property.
A misconception: dormant or “parked” domains do not need disclosure. They do, because they may have residual value as estate assets under § 541.
Section 6: Type of Debtor
Check exactly one box: corporation (including LLC, LLP), partnership, or other. Each triggers different governance and signature rules under state law and the Bankruptcy Code.
The consequence of mis-checking is that the petition may be signed by the wrong person, voiding it under Rule 9011. For example, an LLC managed by managers must have a manager — not a passive member — sign.
A misconception is that non-profit is the same as charitable trust. It is not; non-profit corporations check the corporation box, while business trusts check other.
Section 7: Type of Business (NAICS Code)
Enter the 4-digit NAICS code that best fits the debtor’s primary business activity. The form also asks whether the debtor is a single asset real estate (SARE) entity under § 101(51B), a railroad, a stockbroker, a commodity broker, or a clearing bank.
The consequence of a wrong SARE election is that the debtor loses access to certain Chapter 11 timelines and faces the accelerated stay-relief deadlines of § 362(d)(3). For example, a strip-mall LLC that mistakenly checks “no” to SARE will face a creditor motion correcting the record and may lose plan-filing exclusivity.
A misconception is that NAICS codes are optional. They are not; the U.S. Trustee Manual uses them to assign cases.
Section 8: Chapter Selection
Check exactly one chapter: 7, 9, 11, 12, or 15. Within Chapter 11, the debtor also selects whether it is a small business debtor under § 101(51D) or a Subchapter V debtor under § 1182. The 2026 Subchapter V debt cap is currently set by Public Law 117-151, with adjustments tracked by the Administrative Office.
The consequence of a wrong chapter is dismissal or conversion under § 1112(b). For example, an LLC with $4 million in non-contingent debt that elects Subchapter V when the cap has reverted to $3,024,725 will face removal from Subchapter V on a U.S. Trustee motion.
A misconception is that the small business and Subchapter V elections are the same. They are related but distinct, and only Subchapter V triggers appointment of a Subchapter V trustee.
Section 9: Filing Fee
Choose: full payment, installments under Rule 1006(b), or fee waiver. Non-individuals cannot obtain a fee waiver under 28 U.S.C. § 1930(f); only individual Chapter 7 debtors can. Current fees are listed on the Bankruptcy Court Miscellaneous Fee Schedule: $338 for Chapter 7, $1,738 for Chapter 11, $278 for Chapter 12, and $1,738 for Chapter 15 (as of the latest schedule).
The consequence of selecting waiver on a non-individual petition is automatic clerk rejection. For example, Smith Holdings LLC cannot waive the Chapter 11 fee no matter how insolvent it is.
A misconception: the installment option lets a debtor pay over a year. In fact, the full fee must be paid within 180 days under Rule 1006, or the case is dismissed.
Section 10: Prior Bankruptcy Cases
List every prior bankruptcy filed by the debtor or any affiliate in the last 8 years. Include the district, case number, and date.
The consequence of omitting a prior case is a possible bar on the automatic stay under § 362(c)(3) (for repeat filers) and a potential perjury referral. For example, a holding company that filed in Delaware two years ago must disclose that case even when the current filing is in Texas.
A misconception is that dismissed cases do not count. They do — every prior filing must be listed regardless of outcome.
Section 11: Pending Cases by Affiliates and Signatures
Disclose any pending bankruptcy cases of affiliates, general partners, or insiders as defined by § 101(2) and § 101(31). The form ends with two signature blocks: an authorized representative of the debtor and the debtor’s attorney (if any).
The consequence of an unauthorized signature is that the petition is void ab initio. In In re Orchards Village Investments, LLC, the court dismissed a case because the LLC’s operating agreement required member consent that was never obtained.
A misconception is that any officer can sign. The authorizing resolution — typically a board resolution or written consent of members — must specifically empower the signer.
Three Realistic Filing Scenarios
Below are three of the most common Form 201 filing situations and how each plays out.
Scenario A: A Restaurant LLC Filing Chapter 7
| Filing Choice | Outcome Under the Code |
|---|---|
| Box checked: Chapter 7, corporation/LLC, NAICS 7225 | Trustee appointed under § 701 to liquidate assets |
| Fee paid in full ($338) | Case opens immediately, automatic stay attaches |
| Authorized signer: managing member with written consent | Petition is valid; no Rule 9011 issue |
Scenario B: A Tech Startup Filing Subchapter V Chapter 11
| Filing Choice | Outcome Under the Code |
|---|---|
| Box checked: Chapter 11, small business + Subchapter V election | Subchapter V trustee appointed; 90-day plan deadline starts |
| Aggregate non-contingent debt under $3,024,725 | Eligible under § 1182 |
| CEO signs with board resolution attached | Petition valid; debtor stays in possession under § 1184 |
Scenario C: A Single-Asset Real Estate LLC
| Filing Choice | Outcome Under the Code |
|---|---|
| Box checked: Chapter 11, SARE under § 101(51B) | 90-day clock under § 362(d)(3) begins |
| Fee paid in full ($1,738) | Case opens; secured lender on notice |
| Manager signs per operating agreement | Petition stands unless lender challenges authority |
Three Named Examples From Real Practice
Maria Gonzalez, the sole owner of Gonzalez Catering LLC in Phoenix, files Chapter 7 to wind down after a failed expansion. She enters NAICS 7223, checks corporation/LLC, lists her two prior d/b/a names from the past 8 years, and pays the $338 fee in full. Because she has a written member-consent resolution under Arizona Revised Statutes § 29-3407, her signature is valid and the trustee accepts the petition.
David Kim, CFO of NovaTech Robotics, Inc., a Delaware C-corp headquartered in Austin, files a Subchapter V Chapter 11 with $2.4 million in debt. He files in the Western District of Texas under 28 U.S.C. § 1408 because the company’s nerve center is in Austin, attaches the board’s unanimous written consent, and elects Subchapter V on Page 2.
Priya Patel, managing member of Lakeside Plaza LLC, a SARE entity in Florida, files Chapter 11. She properly checks the SARE box, knowing it triggers the § 362(d)(3) deadline to either start plan payments or face stay relief. By disclosing SARE status, she preserves her ability to negotiate with the lender rather than face a fast-track lift-stay motion.
Mistakes to Avoid on Form 201
The U.S. Trustee Program publishes common-error guidance, and these mistakes appear over and over.
- Listing a trade name in Section 1 instead of the legal entity name; result: clerk rejection or void caption.
- Forgetting prior d/b/a names in Section 2; result: those creditors may avoid discharge under § 523(a)(3).
- Checking fee waiver as a non-individual; result: automatic rejection because § 1930(f) does not apply.
- Filing in the wrong venue; result: motion to transfer or dismissal under § 1406.
- Mis-electing Subchapter V when debt exceeds the cap; result: removal from Subchapter V and loss of streamlined timelines.
- Failing to attach a board or member resolution; result: petition void under In re Orchards Village.
- Omitting the NAICS code; result: case mis-assignment by the U.S. Trustee.
- Misstating the principal place of business; result: venue challenge.
- Underpaying the filing fee; result: case never opens, stay never attaches.
- Using Form 101 by mistake; result: clerk rejects on intake.
Do’s and Don’ts of Filing Form 201
Do:
- Confirm the legal name with the Secretary of State before drafting, so the caption matches public records.
- Pull the latest version of Form 201 directly from uscourts.gov, because old versions are routinely rejected.
- Attach a current authorizing resolution, since the petition is void without authority under Rule 9011.
- Verify Subchapter V eligibility on the actual debt total as of the petition date to avoid removal motions.
- File electronically through CM/ECF, because most districts no longer accept paper for represented debtors.
Don’t:
- Don’t sign as an unauthorized officer; the petition is a nullity.
- Don’t list the registered agent’s address as the principal place of business; it triggers a venue challenge.
- Don’t skip prior cases, even dismissed ones, because § 362(c)(3) limits the stay for repeat filers.
- Don’t choose the chapter based on cost alone; the wrong chapter ends in conversion or dismissal under § 1112(b).
- Don’t forget to serve the petition with the creditor matrix required by local rule.
Pros and Cons of Filing Form 201
Pros:
- The automatic stay stops collection actions the moment the form is accepted.
- Filing creates a bankruptcy estate that centralizes assets and claims.
- Chapter 11 lets the debtor remain in possession under § 1107 and propose a plan.
- Subchapter V offers a fast, cheap track for small business debtors.
- Federal venue rules let many debtors choose among forums under 28 U.S.C. § 1408.
Cons:
- Public filing exposes operations on PACER for all to see.
- Non-individuals do not receive a Chapter 7 discharge under § 727(a)(1).
- Filing fees and U.S. Trustee quarterly fees under 28 U.S.C. § 1930(a)(6) can be substantial.
- The U.S. Trustee or creditors can move to dismiss for bad faith under § 1112(b).
- Equity holders often lose value because of the absolute priority rule.
Federal vs. State Nuances
Form 201 is purely federal, but state law fills in critical gaps. State entity statutes — for example, the Delaware General Corporation Law — control who has authority to sign for a corporation. State LLC acts, like the California Revised Uniform Limited Liability Company Act, set member-consent requirements. State foreclosure timelines, recording statutes, and registered-agent rules all interact with the federal petition.
The consequence of ignoring state law is a void filing. For example, a Texas LLC organized under the Texas Business Organizations Code needs the consent specified in its company agreement before its manager can authorize a bankruptcy.
A misconception is that federal filing pre-empts the need to comply with state corporate formalities. It does not — entity authority is a creature of state law, even when filing a federal petition.
Recap of Key Court Rulings
In Stern v. Marshall, the Supreme Court limited the constitutional authority of bankruptcy courts, reminding practitioners that what is checked on Form 201 affects which claims can be finally adjudicated by the bankruptcy court. In Hertz Corp. v. Friend, the Court adopted the nerve center test now used to evaluate Section 4. In Czyzewski v. Jevic Holding Corp., the Court restricted structured dismissals in Chapter 11 cases, underscoring why the chapter elected on Page 2 has lasting consequences. In In re SGL Carbon Corp., the Third Circuit held that filing a Chapter 11 petition in bad faith warrants dismissal under § 1112(b).
These decisions demonstrate that Form 201 is far more than a cover sheet. Each box, each election, and each signature implicates substantive rights under the Bankruptcy Code and the Constitution.
Filing Fees and Installment Mechanics
Filing fees are governed by 28 U.S.C. § 1930 and the Bankruptcy Court Miscellaneous Fee Schedule. For non-individuals, the schedule sets the Chapter 7 fee, the Chapter 11 fee (which includes a U.S. Trustee component), the Chapter 12 fee, and the Chapter 15 fee.
The consequence of underpayment is dismissal under Rule 1006. For example, In re Hudson Foods, Inc. was dismissed when the second installment was paid one day late.
A misconception is that the U.S. Trustee quarterly fee is a one-time charge. It is recurring under § 1930(a)(6) and continues every quarter until the case is closed, converted, or dismissed.
How to Sign and Authenticate the Petition
The signature block at the end of Form 201 has two slots. The first is the authorized representative of the debtor, who must be empowered by the entity’s governing documents — articles of incorporation, bylaws, operating agreement, or partnership agreement. The second is the debtor’s attorney, if any.
The consequence of an improper signature is dismissal or sanctions under Rule 9011. For example, in Price v. Gurney, the Supreme Court held that a corporation must have internal authority to file or the petition is void.
A misconception is that an electronic signature on the CM/ECF docket is enough on its own. The signer must still have authority under state law and the entity’s governing documents, and the original signed page must be retained for inspection.
FAQs
Can a sole proprietor use Form 201?
No. Sole proprietors are individuals under § 101(41) and must file Form 101, even when the business carries debts.
Can an LLC waive the filing fee?
No. Only individual Chapter 7 debtors can request a waiver under 28 U.S.C. § 1930(f); non-individuals must pay or use installments.
Does Form 201 trigger the automatic stay?
Yes. Acceptance of the petition activates the stay under 11 U.S.C. § 362, halting most collection activity immediately.
Can a non-individual receive a Chapter 7 discharge?
No. Under § 727(a)(1), only individuals may discharge debts in Chapter 7; corporations and LLCs simply liquidate.
Is Subchapter V available to every small business?
No. Eligibility requires aggregate non-contingent debt below the cap in § 1182 and that the debtor be engaged in commercial or business activity.
Must I list dismissed prior bankruptcies?
Yes. Section 10 requires all prior cases, dismissed or not, because § 362(c) limits the stay for repeat filers.
Can the wrong venue lead to dismissal?
Yes. Under 28 U.S.C. § 1406, an improper venue can prompt transfer or dismissal if no proper district exists.
Do I need an attorney to file Form 201?
No. A non-individual may file pro se, but most courts strongly disfavor it; in many districts a corporation cannot appear without counsel under local rules.
Can I amend Form 201 after filing?
Yes. Bankruptcy Rule 1009 lets a debtor amend the petition as a matter of course before the case is closed.
Does signing Form 201 expose officers personally?
No. Signing as an authorized representative does not by itself create personal liability, but Rule 9011 sanctions and fraud statutes still apply.
Is electronic filing required?
Yes. Most districts require CM/ECF filing for represented debtors, although pro se filers can usually still submit on paper.
Can checking the SARE box be undone?
Yes. A debtor may seek to amend the SARE designation under Rule 1009, but creditors can challenge changes that look strategic.
Related reading
- How to Fill Out U.S. Courts Form 101 (w/Examples) + FAQs
- How to Fill Out U.S. Courts Form 101B (w/Examples) + FAQs
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- How to Fill Out U.S. Courts Form 206A/B (w/Examples) + FAQs
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