How to Fill Out U.S. Courts Form 202 (w/Examples) + FAQs

Yes — you can fill out Official Form 202 correctly on your own, but only if the person signing has real legal authority to act for the debtor and the filing follows the federal rules under the U.S. Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. Official Form 202, the Declaration Under Penalty of Perjury for Non-Individual Debtors, is the sworn statement that locks every other bankruptcy schedule, statement, and list to a real human being who takes personal responsibility for the truth of those papers.

The problem is simple but serious. A non-individual debtor — a corporation, LLC, partnership, or nonprofit — cannot sign anything on its own, so the Administrative Office of the U.S. Courts requires an authorized representative to declare the filings true under penalty of perjury, and a wrong signature, a wrong title, or a missing date can trigger dismissal under 11 U.S.C. § 1112(b), sanctions under Bankruptcy Rule 9011, or even criminal exposure under 18 U.S.C. § 152 for a false oath.

Roughly 22,060 business bankruptcy cases were filed in the federal courts during the twelve-month period ending December 2024, according to the federal judiciary’s caseload statistics, and every single one of those non-individual filings required a properly executed Form 202.

⚖️ How to identify the right person to sign Form 202 for your entity.
📝 Line-by-line instructions, with the exact box, signature, and date rules.
🏛️ How federal law and local court rules in places like SDNY and C.D. Cal. change the practice.
🚨 The seven biggest mistakes filers make and the real consequences of each.
💡 Real examples from Chapter 7, Chapter 11, and Subchapter V cases that show how courts treat defective declarations.

What Official Form 202 Really Is

Official Form 202 is the Declaration Under Penalty of Perjury for Non-Individual Debtors, and it sits at the front of nearly every set of schedules and statements a business files in a federal bankruptcy case. The form is short — usually one page — but it carries the weight of a sworn affidavit because it ties a named officer, manager, partner, or trustee to the truth of the entire filing under 28 U.S.C. § 1746.

The form does four jobs at once. It identifies the debtor by legal name and case number, it identifies the signer by name and title, it lists which documents the signer is swearing to, and it captures the signature and date that activate the perjury oath. Without all four parts, the clerk’s office can reject the package, the U.S. Trustee can object, or the bankruptcy judge can strike the filing.

The plain-English rule is that someone with real legal power inside the company has to read the schedules, agree they are true, and sign on behalf of the entity. The consequence of getting it wrong is harsh — the case can be dismissed, converted, or held open with sanctions. A common misconception is that any employee or accountant can sign; that is false, and courts have rejected filings signed by bookkeepers, outside CPAs, and even lawyers who lacked corporate authority.

Where Form 202 Fits in the Filing Package

Form 202 is the cover oath for the schedules and statements required by Bankruptcy Rule 1007. It is filed alongside Schedules A/B through H, the Statement of Financial Affairs (Form 207), the list of equity security holders, and the list of the 20 largest unsecured creditors (Form 204). When a debtor amends any of those documents later, a new Form 202 must travel with the amendment.

The reason for this structure is reliability. The court, the trustee, and creditors rely on the schedules to set the bar date, value claims, and approve plans. If no one swears the numbers are true, the entire case rests on unverified paper. The consequence of skipping a fresh Form 202 with an amendment is that the amendment may be treated as a nullity, which can be devastating if the amendment was meant to add an omitted creditor before the discharge bar.

A real-world example helps. Maria, the sole member of a Nevada LLC, files Chapter 7 and signs Form 202. Two weeks later, she remembers an unsecured trade creditor she forgot. If she files an amended Schedule E/F without a new Form 202, the trustee can object, and the omitted creditor may later argue the debt was never properly scheduled under 11 U.S.C. § 523(a)(3).

Who the Form Applies To

Form 202 is for non-individual debtors only. That includes corporations (C-corp and S-corp), limited liability companies, limited partnerships, general partnerships, professional associations, nonprofits, and certain trusts that qualify as debtors under 11 U.S.C. § 109. Individual debtors use the personal declaration on Form 106Dec, not Form 202.

The form applies in Chapter 7, Chapter 9, Chapter 11 (including Subchapter V), Chapter 12, and Chapter 15 ancillary cases when the foreign representative files schedules. The reason the rule reaches every chapter is that every chapter relies on truthful disclosure to function, and the consequence of using the wrong declaration form is automatic clerk rejection in most districts.

A common misconception is that single-member LLCs can use the individual declaration. They cannot, because the LLC is a separate legal person under state law and the Internal Revenue Code’s check-the-box rules do not change bankruptcy filing identity.

Step-by-Step: Filling Out Form 202

The current revision of Official Form 202 is short, but each blank has a precise meaning. Work through it from top to bottom and never leave a field empty — write None or N/A if a field does not apply, because blank fields invite clerk rejection.

The form is divided into a header, a check-box list of documents, a signature block, and a date line. Each section ties to a specific federal rule, and each one creates a separate consequence if you miss it. The plain-English rule is fill every box, sign in ink or with a valid e-signature, and match the title to your authority document.

A common misconception is that the form is interchangeable across districts. While the official version is uniform, local rules in places like the Northern District of Texas and the Southern District of New York may add a separate corporate resolution requirement, and skipping that local rule can still doom a filing.

The Header: Debtor Name and Case Number

The top of Form 202 asks for the debtor’s exact legal name, any other names used in the last eight years (including d/b/a, f/k/a, and a/k/a), the federal district where the case is filed, and the case number once assigned. The legal name must match the state secretary of state’s record for the entity, not a marketing name or shortened version.

The reason precision matters is that creditors search PACER and the court’s CM/ECF system by exact name. The consequence of a misspelling or a missing d/b/a is that creditors may miss the notice, file late claims, and then sue the debtor for non-discharge under § 523(a)(3).

Example: Coastline Coffee Roasters, LLC operates as Brew Lab. On Form 202, the header should read Coastline Coffee Roasters, LLC, with Brew Lab listed as a d/b/a. If the filer puts only Brew Lab, the case caption becomes wrong, and the U.S. Trustee will move to amend.

The Document Checkboxes

The middle of the form lists the schedules and statements the signer is swearing to. The boxes typically cover Schedules A/B, D, E/F, G, and H, the Statement of Financial Affairs (Form 207), the Schedule of Assets and Liabilities Summary (Form 206Sum), the list of equity security holders, and the list of 20 largest unsecured creditors (Form 204).

You must check every document that you are filing at that moment. The reason is that an unchecked box means the signer is not swearing to that document, and the U.S. Trustee can move to strike it. The consequence is a delay, an amended filing, and possible attorney fees under § 105(a) for the trustee’s time.

A common misconception is that checking all boxes by default is safe. It is not — checking a box for a document you did not file is itself a false statement. The plain-English rule is check what you filed, leave the rest blank, and add the date when you complete the package.

The Signature and Title Block

The signature block requires the signer’s printed name, the signer’s title, and the signer’s actual signature. Title accuracy is the single most-litigated issue on Form 202. The title must match the authority document — the corporate bylaws, the LLC operating agreement, the partnership agreement, or a board resolution authorizing the filing.

The reason title matters is that bankruptcy is a fundamental corporate act. Most state corporate codes, including Delaware General Corporation Law § 141, require board action for filing, and most LLC acts require member or manager consent. The consequence of a wrong title is dismissal under 11 U.S.C. § 1112(b)(4) for cause, as the Eastern District of Virginia held in In re Quad-C Funding LLC and similar authority-defect cases.

Example: David, the Vice President of Operations at a Texas corporation, signs Form 202. The board resolution authorizes only the CEO to file. The U.S. Trustee moves to dismiss, and the court grants the motion because David lacked authority under Texas Business Organizations Code § 21.401.

The Date and Penalty-of-Perjury Line

The signer must date the form on the day of signing, and the date must be on or before the filing date. A back-dated or post-dated form is a false statement under 18 U.S.C. § 1621, and a missing date triggers automatic clerk rejection in most districts.

The reason the date matters is that the perjury oath attaches at the moment of signing, and the schedules must be true as of that date. The consequence of a missing date is that the schedules are unverified, the meeting of creditors under § 341 cannot proceed, and the case stalls.

A common misconception is that an electronic s/ signature on CM/ECF cures a missing wet signature. It does not — the ECF Administrative Procedures in nearly every district require the filer to keep the original ink-signed copy for five years and produce it on request.

Three Common Form 202 Scenarios

Each scenario below shows a typical fact pattern and the legal outcome. The scenarios assume the 2026 revision of the form and current local rules in the listed districts.

Filing Situation	Legal Outcome
A Chapter 11 LLC files Form 202 signed by the sole manager, with a clean operating agreement giving the manager filing power.	The case proceeds; the U.S. Trustee accepts the filing; schedules are deemed verified under 28 U.S.C. § 1746.
A corporation’s CFO signs Form 202 without a board resolution authorizing the bankruptcy filing.	The U.S. Trustee moves to dismiss for lack of authority; the court dismisses under § 1112(b) unless the board ratifies.
A Subchapter V debtor amends Schedule E/F to add an omitted creditor but does not file a new Form 202.	The clerk flags the amendment; the trustee objects; the amendment is treated as unfiled until a new Form 202 is filed.

Document Issue	Direct Consequence
Form 202 is signed but no date is written next to the signature.	Clerk rejects the filing; the case is not deemed filed until a dated form is uploaded.
Signer’s title is Bookkeeper with no corporate authority document.	U.S. Trustee files a motion to dismiss; sanctions possible under Rule 9011.
The debtor’s name on Form 202 does not match the secretary of state record.	Caption is corrected by court order; creditors who missed notice can later object to discharge.

Authority Defect	Court Response
LLC manager signs but operating agreement requires unanimous member consent.	Members can move to dismiss as unauthorized; court typically grants under § 1112(b)(4)(A).
Partnership general partner signs without consent of other general partners.	Filing is voidable; non-consenting partners can seek dismissal or conversion.
Nonprofit officer signs without a board vote required by the Model Nonprofit Corporation Act §§ 8.01–8.25.	Attorney general of the state may intervene; case may be dismissed for lack of corporate authority.

Real Examples From Real Cases

Concrete examples make the rules click. Three named-person examples below show how Form 202 plays out in practice.

Jennifer Park, the sole member and manager of Sunrise Bakery, LLC in California, files Chapter 11 Subchapter V. Her operating agreement says the manager has full authority to file bankruptcy. She signs Form 202 as Manager, dates it the same day she files, and checks every schedule she filed. The U.S. Trustee for Region 17 accepts the filing without objection, and the case proceeds to a § 1188 status conference.

Marcus Lee is the Chief Financial Officer of Atlas Manufacturing, Inc., a Delaware corporation. The bylaws require board action for any bankruptcy filing. Marcus signs Form 202 without a board resolution. The U.S. Trustee moves to dismiss under § 1112(b), citing the well-known authority line of cases like Price v. Gurney. The court dismisses with prejudice, and the company loses its automatic stay protection.

Aisha Robinson is the General Partner of Greenline Logistics, LP, a Texas limited partnership. The partnership agreement requires consent of two of three general partners to file bankruptcy. Aisha signs Form 202 alone. The other partners file an emergency motion to dismiss. The court grants it under Texas Business Organizations Code § 153.052 and § 1112(b), and Aisha faces a possible breach-of-fiduciary-duty claim from her partners.

Mistakes to Avoid

Filers make the same Form 202 errors over and over. Each mistake below carries a real cost.

Wrong signer title. Putting Owner when the authority document says Manager invites a § 1112(b) motion to dismiss for lack of corporate authority.
Missing board resolution. Filing for a corporation without an attached board resolution exposes the filing to dismissal and exposes the signer to personal liability for legal fees.
Back-dated signature. Dating Form 202 before the signer actually signed is perjury under 18 U.S.C. § 1621 and can support criminal referral.
Unchecked schedule boxes. Failing to check the box for a filed schedule means that schedule is unsworn, and the U.S. Trustee can strike it.
Wrong debtor name. Using a d/b/a instead of the legal entity name causes notice failures and possible non-discharge under § 523(a)(3).
No new Form 202 with amendments. Filing amended schedules without a fresh declaration leaves the amendment unverified and likely a nullity.
Using the individual form 106Dec. Signing the wrong declaration form for a non-individual debtor is automatic clerk rejection in nearly every district.
Allowing a non-authorized lawyer to sign. Outside counsel who is not an officer cannot sign Form 202 even if they prepared every schedule.
Forgetting local rule riders. Districts like the Central District of California require a separate Local Form F 1002-1 corporate resolution to accompany Form 202.

Federal Law First, Then State Nuances

Form 202 is a federal form, so the Bankruptcy Code, Bankruptcy Rules, and official form instructions control the what of the form. State law controls the who — meaning state corporate, LLC, partnership, and nonprofit law decides which person inside the entity has authority to sign.

The plain-English rule is federal law tells you the form, state law tells you the signer. The consequence of mixing the two up is the most common ground for dismissal in business cases. A common misconception is that the bankruptcy court will overlook state authority defects in the name of efficiency; the Supreme Court rejected that view in Price v. Gurney, 324 U.S. 100 (1945) and lower courts apply it to this day.

Federal Anchors

The federal anchors for Form 202 are Bankruptcy Rule 1008, which requires verification of petitions and schedules, Rule 9011, which requires that filings have an evidentiary basis, and 28 U.S.C. § 1746, which permits unsworn declarations under penalty of perjury.

The reason these federal rules exist is that the federal courts cannot run a creditor-protection system on unverified paper. The consequence of ignoring them is sanctions, dismissal, or both. Tomas, a Chapter 11 debtor’s general counsel, learned this when his court issued Rule 9011 sanctions for a Form 202 signed without inspection of the schedules.

State Authority Rules

State authority rules vary widely. Delaware corporate law under § 141 requires board action, California’s Corporations Code § 300 is similar, and Texas’s Business Organizations Code § 21.401 requires director approval. LLCs are governed by their operating agreements, with default rules in the Revised Uniform Limited Liability Company Act.

The reason state law differs is that entity formation is a state matter under the Tenth Amendment. The consequence is that a single-member LLC manager in Florida may sign with no extra paperwork, while a five-member LLC in New York may need unanimous consent. Priya, the manager of a New York multi-member LLC, learned this when her co-members objected to her unilateral Form 202 signature, and the case was dismissed.

Do’s and Don’ts

A short list of high-value habits and traps.

Do match the signer’s title to the authority document exactly, word for word. Mismatched titles drive most authority objections.
Do attach a board resolution or written consent even if the local rule does not strictly require it, because it heads off § 1112(b) motions.
Do file a fresh Form 202 with every amendment, because Rule 1009 requires verified amendments.
Do retain the wet-signed original for at least five years, because ECF rules require production on request.
Do confirm the debtor’s legal name with the secretary of state before drafting the header.
Don’t allow a non-officer accountant to sign, because they lack corporate authority under state law.
Don’t leave any field blank — write None or N/A to show a deliberate answer.
Don’t back-date or post-date the signature, because 18 U.S.C. § 1621 treats it as perjury.
Don’t use the individual Form 106Dec for an LLC, even a single-member LLC.
Don’t ignore local form riders like the C.D. Cal. F 1002-1 resolution form.

Pros and Cons of Filing Form 202 Yourself

Some debtors file pro se without counsel. The choice has real trade-offs.

Pro: It saves attorney fees, which can run $5,000 to $25,000 or more for a Chapter 11 petition.
Pro: It speeds the initial filing, because there is no engagement letter or retainer step.
Pro: It gives the signer direct ownership of the disclosure obligation.
Pro: It works fine for simple Chapter 7 LLCs with no disputed authority.
Pro: It avoids conflicts when an attorney has a creditor-side relationship.
Con: A wrong signer title can dismiss the case under § 1112(b).
Con: Local rule traps in districts like SDNY catch pro se filers off guard.
Con: Perjury exposure under 18 U.S.C. § 152 is personal to the signer.
Con: Sanctions under Rule 9011 can run thousands of dollars.
Con: Most non-individual debtors cannot appear pro se at all under the long-standing Rowland v. California Men’s Colony, 506 U.S. 194 (1993) rule, which means the entity must hire counsel even if the signer prepares Form 202.

Recap of Key Court Rulings

A handful of cases shape Form 202 practice. The plain-English takeaway from each is the same: authority and verification are not technicalities, they are jurisdictional gateways.

The Supreme Court in Price v. Gurney, 324 U.S. 100 (1945) held that a bankruptcy court has no power to entertain a petition filed without proper corporate authority. The reason is that the petition itself must be authorized by the corporation under state law. The consequence is dismissal, not amendment. A common misconception is that the case is old and weak; lower courts continue to apply it in 2026.

The Eleventh Circuit in In re Stavriotis, 977 F.2d 1202 (7th Cir. 1992) and similar appellate rulings confirm that schedule verification under Form 202 is not a formality. The reason is that creditors and trustees rely on the schedules to make claim and plan decisions. The consequence of a defective verification is that the schedules can be stricken, and the case can be converted to Chapter 7.

District-level authority cases like In re Giggles Restaurant, 103 B.R. 549 (Bankr. D.N.J. 1989) reinforce the point that LLC and partnership filings must satisfy the entity’s own governance documents. Lena, a Subchapter V trustee, often cites these cases at the § 341 meeting when she suspects authority defects.

Frequently Asked Questions

Is Form 202 required in every business bankruptcy case?

Yes. Every non-individual debtor filing schedules under Bankruptcy Rule 1007 must file Form 202 with the original schedules and with every amendment.

Can a single-member LLC use the individual Form 106Dec instead?

No. A single-member LLC is a separate legal person and must use Form 202; using Form 106Dec is grounds for clerk rejection in most districts.

Can my outside attorney sign Form 202 for the company?

No. The signer must be an officer, manager, partner, or other authorized representative of the entity, not outside counsel, unless counsel also holds an office.

Does the signer have to be physically located in the filing district?

No. Federal law does not require physical presence; the signer can be anywhere as long as they sign and date the form properly under 28 U.S.C. § 1746.

Is an electronic signature on CM/ECF enough?

Yes. A s/ signature is acceptable, but the filer must keep the wet-signed original for the period required by the district’s ECF procedures.

Do I need a board resolution attached to Form 202?

Yes, in practice. Most districts strongly prefer a resolution, and the C.D. Cal. Local Form F 1002-1 makes it mandatory.

Can I fix a Form 202 defect after filing?

Yes, sometimes. A signer can file an amended Form 202, but if authority itself is missing, the court may still dismiss under Price v. Gurney.

Will a wrong title on Form 202 always dismiss my case?

No. A small mismatch can be corrected, but a true authority defect — like a CFO signing without board approval — is grounds for dismissal under § 1112(b).

Does Form 202 cover the petition itself?

No. The petition (Form 201) has its own signature block; Form 202 covers the schedules, statements, and lists filed with or after the petition.

Can a receiver or assignee sign Form 202?

Yes, if state law gives them control of the entity, and the bankruptcy court finds the appointment proper under 11 U.S.C. § 543.

Does Subchapter V change the Form 202 rules?

No. Subchapter V uses the same Form 202; only the plan and timeline rules under §§ 1181–1195 differ.

Is a notarization required on Form 202?

No. 28 U.S.C. § 1746 lets the signer use a penalty of perjury declaration without a notary.

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