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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 (without an attorney) as a rule; there must be an attorney representing the debtor or debtor-in-possession, subject to the provisions of Local Rule 1074-1. The information below is offered as information for the Bar and public but if you wish to file Chapter 11, please consult an attorney. The Court will not accept any petition, motion or other filing by a debtor who does not meet the requirements of the Court's Local Rule concerning representation requirements for business entities. 

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.