A Chapter 13 petition package pulls together the Chapter 13 petition forms and documents the bankruptcy court needs to open your case: the voluntary petition itself, a full set of financial schedules, income-calculation forms, a Statement of Financial Affairs, a proposed repayment plan, your pre-filing credit counseling certificate, and supporting records like pay stubs, your most recent tax return, and a list of every creditor. Every form is signed under penalty of perjury, and once the package is filed the automatic stay stops most collection activity while you begin a three-to-five-year repayment period.1Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
Before assembling anything, confirm you’re eligible. Chapter 13 is for individuals with regular income; unsecured debts must fall below $526,700 and secured debts below $1,580,125 as of the most recent adjustment, and those thresholds move periodically.2United States Courts. Chapter 13 – Bankruptcy Basics Corporations and partnerships cannot file; sole proprietors can.
The Voluntary Petition
The package is anchored by the Voluntary Petition for Individuals Filing for Bankruptcy, Official Form 101.3United States Courts. Voluntary Petition for Individuals Filing for Bankruptcy It identifies you, establishes which court has jurisdiction, and gives the initial estimates of your total assets and liabilities. Filing Form 101 is what triggers the automatic stay, which stops most lawsuits, wage garnishments, foreclosure proceedings, and collection calls the moment the court receives it.
You will also file a Statement About Your Social Security Numbers (Form 121) alongside the petition.
The Financial Schedules
The schedules break your finances into detailed categories so the trustee and creditors can see what you own, what you owe, and what you can pay.
- Schedule A/B (Property) lists everything you own or have an interest in, from real estate and vehicles to bank accounts, household goods, and investments.4United States Courts. Schedule A/B – Property (Individuals)
- Schedule C (Exempt Property) identifies which assets you claim as exempt under federal or state law. Employer-sponsored retirement plans like 401(k)s and pensions have unlimited federal protection; traditional and Roth IRAs are exempt up to a combined $1,711,975 per person.5Office of the Law Revision Counsel. 11 USC 522 – Exemptions
- Schedule D (Secured Creditors) covers debts tied to collateral, such as a mortgage or car loan.
- Schedule E/F (Unsecured Creditors) lists priority debts like recent taxes and domestic support obligations, along with general unsecured debts like credit cards and medical bills.6Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1007 – Lists, Schedules, Statements, and Other Documents; Time to File
- Schedule I (Income) and Schedule J (Expenses) together show whether your income minus your living expenses leaves enough to fund a plan.
Income Calculation Forms
You must also complete the Statement of Your Current Monthly Income and Calculation of Commitment Period, Form 122C-1.7United States Department of Justice. Means Testing It averages all income you received during the six months before filing, taxable or not.8Legal Information Institute. 11 USC 101(10A) – Current Monthly Income Definition The result sets your minimum plan length: three years if your annualized income is below the state median for your household size, five years if it meets or exceeds it.9Office of the Law Revision Counsel. 11 USC 1325 – Confirmation of Plan
Above-median filers must also complete Form 122C-2, which uses standardized IRS expense allowances to calculate disposable income. That number sets the floor for what your plan must pay unsecured creditors. Below-median filers skip Form 122C-2.
Statement of Financial Affairs
The Statement of Financial Affairs for Individuals Filing for Bankruptcy (Form 107) is a detailed history of your financial life in the years leading up to filing.10United States Courts. Statement of Financial Affairs for Individuals Filing for Bankruptcy It covers income for the current and two prior calendar years, payments to creditors in the months before filing, property transfers, lawsuits, garnishments, and gifts.11United States Courts. Official Form 107 – Statement of Financial Affairs for Individuals Filing for Bankruptcy Trustees scrutinize this form for signs of preferential payments or asset concealment, so completeness matters here more than almost anywhere in the package.
The Chapter 13 Repayment Plan
The repayment plan is the heart of the case. File it on Official Form 113 with the petition or within 14 days after.12Legal Information Institute. Rule 3015 – Chapter 12 or 13, Time to File a Plan Courts rarely extend that deadline, and missing it can result in dismissal.
The plan must address several mandatory elements:13Office of the Law Revision Counsel. 11 USC 1322 – Contents of Plan
- Priority debts, including domestic support obligations and most recent taxes, paid in full unless the creditor agrees otherwise.
- Treatment of each secured debt: maintain current payments and cure arrearage, modify the loan terms where allowed, or surrender the collateral.
- The percentage unsecured creditors will receive. Above-median debtors must commit all projected disposable income for the applicable commitment period.
- The dollar amount and frequency of your payment to the trustee, and whether it comes from payroll deduction or direct payment.
Form 113 also asks you to disclose whether the plan limits a secured claim based on collateral value, avoids any judicial liens, or contains nonstandard provisions. Build in the trustee’s commission, which typically runs roughly 7 to 10 percent of plan payments.
Credit Counseling Certificate
Federal law requires every individual filer to complete a credit counseling briefing from a U.S. Trustee-approved nonprofit within the 180 days before filing.14Office of the Law Revision Counsel. 11 USC 109 – Who May Be a Debtor A session from seven months ago is too old. The briefing can be done by phone or online, and the agency issues a certificate you file with the petition.15United States Courts. Credit Counseling and Debtor Education Courses Without it, the court will dismiss your case.
The narrow exception is for genuinely exigent circumstances: if you requested counseling but couldn’t get it within seven days, the court may grant a temporary exemption of up to 30 days, or 45 for cause. If counseling produced a debt repayment plan, file that with the certificate.
Supporting Documents
The forms capture what you report; the supporting records back it up. Gather these before you start filling anything out.
Pay stubs. Provide copies of all payment advices received from your employer within the 60 days before filing.2United States Courts. Chapter 13 – Bankruptcy Basics Self-employed filers should prepare profit-and-loss statements covering the same period. If pay stubs aren’t available, some courts accept a certification explaining why, with alternative evidence like bank deposits.
Federal tax return. You must provide the Chapter 13 trustee with a copy of your federal income tax return or transcript for the most recent tax year ending before your case begins, no later than seven days before the first meeting of creditors.16Office of the Law Revision Counsel. 11 USC 521 – Debtors Duties Returns coming due during the case must also be filed and provided.
Asset and debt records. Recent bank statements (typically two to three months), deeds or title certificates for real property and vehicles, and current loan statements for any secured debts. These verify the values and balances on Schedules A/B and D.
Creditor matrix. A complete list of every creditor’s name, mailing address, and account number. The court uses it to notify parties of the filing. An omitted creditor may later argue its debt survived the case, so pull current statements from every creditor to check the list.
Attorney Fee Disclosure
If you have an attorney, they must file the Disclosure of Compensation of Attorney for Debtor (Form 2030), detailing what was paid before filing and what remains to be paid through the plan.17United States Courts. Disclosure of Compensation of Attorney for Debtor (Official Form B 2030) The court reviews the fees for reasonableness. In many Chapter 13 cases, most of the fee is paid through the plan itself, so you don’t need the full amount upfront.
Filing Fees
File the package with the U.S. Bankruptcy Court in the district where you live. The statutory filing fee is $235, with an administrative fee bringing the total to $313.18Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees The Chapter 13 fee cannot be waived. If you cannot pay it all at once, file the Application to Pay the Filing Fee in Installments (Form 103A); the court can split the fee into up to four payments with the last due within 120 days of filing, or 180 days for cause.19Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee
Most courts use the CM/ECF electronic filing system, and many require attorneys to file electronically. Some accept in-person or mail filing for self-represented filers. Check your local court’s procedures before filing day.
Emergency Skeleton Filing
If you’re facing an imminent foreclosure sale, wage garnishment, or other emergency that cannot wait for the full package, you may be able to file a bare-minimum skeleton petition to trigger the automatic stay right away. The minimum typically includes the voluntary petition (Form 101), a list of creditor names and addresses, the credit counseling certificate, and Form 121. You then have 14 days to file every remaining schedule, statement, and supporting document.6Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1007 – Lists, Schedules, Statements, and Other Documents; Time to File Missing that 14-day deadline is one of the fastest routes to dismissal.
One Document That Comes Later
The debtor education course, sometimes called financial management, is separate from the pre-filing credit counseling and is not part of the petition package. You complete it during the case and file Form 423, the certificate of completion, before you can receive a discharge.15United States Courts. Credit Counseling and Debtor Education Courses There’s no reason to wait until the end of your plan; if payments finish before Form 423 is on file, your discharge will be held up.
Every form and schedule in the petition package is signed under penalty of perjury. That signature is a legal declaration that everything you reported is true and complete. Inaccurate or incomplete filings can lead to dismissal, denial of discharge, or criminal prosecution in extreme cases.