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.
FILING FEE
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.
FORMS
All bankruptcy forms may be obtained at https://www.uscourts.gov/forms/bankruptcy-forms.
DOCUMENT REQUIREMENTS
Please be advised that the starred items below are required to file a case with the Court, even a "skeletal" or emergency case. If any of the starred items below are missing, the Clerk's Office will be unable to accept your documents and open your case.
- Voluntary Petition Official Form B101 (Page 1-8)* non-individuals use Form B201
- Additional Schedules:
- Statement of Financial Affairs for Individuals Filing for Bankruptcy (individuals) (Official Form 107)
- Schedule A/B - Property (Official Form 106A/B)
- Schedule C - The Property You Claim as Exempt (Official Form 106C)
- Schedule D - Creditors Who Have Claims Secured by Property (Official Form 106D)
- Schedule E/F - Creditors Holding Unsecured Claims (Official Form 106E/F)
- Schedule G - Executory Contracts and Unexpired Leases (Official Form 106G)
- Schedule H - Your Codebtors (Official Form 106H)
- Schedule I - Your Income (not required for non-individual filings) (Official Form 106I)
- Schedule J - Your Expenses (not required for non-individual filings) (Official Form 106J)
- Summary of Your Assets and Liabilities and Certain Statistical Information (Official Form 106Sum)
- Declaration About and Individual Debtor's Schedules (Official Form 106Dec)
- Disclosure of Compensation of Attorney for Debtor(s) (not required for pro se filings)
- Notice Required by 11 U.S.C § 342(b) for Individuals Filing for Bankruptcy (required only if pro se debtor) (Official Form 2010)
- Bankruptcy Petition Preparer's Notice, Declaration, and Signature (required only if pro se debtor has obtained a processing service to complete their petition) (Official Form B119)
- Chapter 11 Statement of Your Current Monthly Income (Official Form B 122B)
- Mailing Matrix* (this is a typed mailing list of just names and addresses for all your creditors, codebtors and other parties listed in your bankruptcy; the Court uses it to create a mailing database. It must be typed and if possible, should be single-column. No case will be accepted without a matrix)
- Statement About Your Social Security Numbers* (required only if debtor is an individual)
- Certification of Pre-petition Credit Counseling* (individual debtors only)
- For Individual Chapter 11 Cases: The List of Creditors Who Have the 20 Largest Unsecured Claims Against You Who Are Not Insiders (individuals) (Official Form B 104)* OR
- For Chapter 11 Cases: The List of Creditors Who Have the 20 Largest Unsecured Claims Against You Who Are Not Insiders (non-individuals)* (Official Form B 204)
- 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.
- Corporate Resolution (required only if debtor is a corporation)*
- Corporate Ownership Statement (required only if the corporation has a corporate parent)
*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.