Chapter 11 Filing Requirements
 
The eligibility requirements for Chapter 11 are basically the same as those for a Chapter 7, except that a railroad may file under Chapter 11. Upon filing a Chapter 11 petition, the debtor remains in possession of all assets of the estate and continues to manage the entity’s affairs. This is a right of the debtor, acting as “debtor-in-possession” of the bankruptcy estate unless the Court appoints a trustee. However, a Chapter 11 case may not be filed pro se; there must be an attorney representing the debtor or debtor-in-possession.

All bankruptcy forms may be obtained at http://www.uscourts.gov/forms/bankruptcy-forms.


FILING FEE

Click here to see the Court’s fee schedule for the most up-to-date information regarding the Chapter 11 filing fee. The fee may not be filed in installments.


DOCUMENT REQUIREMENTS
 

Statement About Your Social Security Numbers* (required only if debtor is an individual)
Voluntary Petition Official Form B101 (Page 1-8)*  non-individuals use Form B201
Chapter 11 Statement of Your Current Monthly Income
Certification of Pre-petition Credit Counseling* (individual debtors only) Note: motion/order required to request an extension of time/exemption from credit counseling requirements
Corporate Resolution (required only if debtor is a corporation)*
Corporate Ownership Statement (required only if the corporation has a corporate parent)
For Individual Chapter 11 Cases: The List of Creditors Who Have the 20 Largest Unsecured Claims Against You Who Are Not Insiders or For Chapter 11 Cases: The List of Creditors Who Have the 20 Largest Unsecured Claims Against You Who Are Not Insiders (non-individuals)*
Chapter 11 Small Business Debtors Only*: Most recent balance sheet, most recent cash-flow statement, most recent statement of operations and the previous year’s Federal Income Tax Return. Alternatively, a statement that none have been prepared/filed at the time of filing of the petition may be filed.
Mailing Matrix*
Additional Schedules:
 
bulletYour Statement of Financial Affairs for Individuals Filing for Bankruptcy (individuals)
bulletSchedule A/B - Property
bulletSchedule C - The Property You Claim as Exempt (not required for non-individual filings)
bulletSchedule D - Creditors Who Have Claims Secured by Property
bulletSchedule E/F - Creditors Holding Unsecured Claims
bulletSchedule G - Executory Contracts and Unexpired Leases
bulletSchedule H - Your Co-Debtors
bulletSchedule I - Your Income (not required for non-individual filings)
bulletSchedule J - Your Expenses (not required for non-individual filings)
bulletSummary of Your Assets and Liabilities and Certain Statistical Information
bulletDeclaration About and Individual Debtor's Schedules (signature page)
bulletDisclosure of Fees (not required for pro se filings)
bulletNotice Required by 11 U.S.C § 342(b) for Individuals Filing for Bankruptcy (required only if pro se debtor)
bulletBankruptcy Petition Preparer's Notice, Declaration, and Signature (required only if pro se debtor has obtained a processing service to complete their petition)

 

*These documents are required to file a “skeletal” petition. All remaining schedules and the Statement of Social Security Number must be filed with the Court within fourteen (14) days from the date of filing.

This page was last edited on 12/16/2015 at 11:34 AM .