CACB — Voluntary Petition for Individuals Filing for Bankruptcy (101)

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/101.pdf

Fill in this information to identify your case:

United States Bankruptcy Court for the:

Central District of California

Case number (If known): _________________________ Chapter you are filing under:
Chapter 7 Check if this is an
Chapter 11 amended filing Chapter 12
Chapter 13

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy 06/24

The bankruptcy forms use you and Debtor 1 to refer to a debtor filing alone. A married couple may file a bankruptcy case together—called a joint case—and in joint cases, these forms use you to ask for information from both debtors. For example, if a form asks, “Do you own a car,” the answer would be yes if either debtor owns a car. When information is needed about the spouses separately, the form uses Debtor 1 and Debtor 2 to distinguish between them. In joint cases, one of the spouses must report information as Debtor 1 and the other as Debtor 2. The same person must be Debtor 1 in all of the forms. Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question.

Part 1: Identify Yourself

About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):

1. Your full name __________________________________________________ __________________________________________________ Write the name that is on your First name First name government-issued picture identification (for example, __________________________________________________ __________________________________________________ your driver’s license or Middle name Middle name passport). __________________________________________________ __________________________________________________ Last name Last name Bring your picture identification to your meeting ___________________________ ___________________________ with the trustee. Suffix (Sr., Jr., II, III) Suffix (Sr., Jr., II, III)

2. All other names you __________________________________________________ __________________________________________________ have used in the last 8 First name First name years __________________________________________________ __________________________________________________ Middle name Middle name Include your married or maiden names and any __________________________________________________ __________________________________________________ Last name Last name assumed, trade names and doing business as names. __________________________________________________ __________________________________________________ First name First name

Do NOT list the name of any
separate legal entity such as __________________________________________________ __________________________________________________
Middle name Middle name a corporation, partnership, or
LLC that is not filing this __________________________________________________ __________________________________________________
petition. Last name Last name
__________________________________________________ __________________________________________________
Business name (if applicable) Business name (if applicable)
__________________________________________________ __________________________________________________
Business name (if applicable) Business name (if applicable)

3. Only the last 4 digits of xxx – xx – ____ ____ ____ ____ xxx – xx – ____ ____ ____ ____ your Social Security number or federal OR OR Individual Taxpayer Identification number 9 xx – xx – ____ ____ ____ ____ 9 xx – xx – ____ ____ ____ ____ (ITIN)

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 1

Debtor 1 _______________________________________________________ Case number (if known)_____________________________________ First Name Middle Name Last Name

About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):

4. Your Employer ___ ___ – ___ ___ ___ ___ ___ ___ ___ ___ ___ – ___ ___ ___ ___ ___ ___ ___ Identification Number EIN EIN (EIN), if any. ___ ___ – ___ ___ ___ ___ ___ ___ ___ ___ ___ – ___ ___ ___ ___ ___ ___ ___ EIN EIN

5. Where you live If Debtor 2 lives at a different address:

   _________________________________________________ _________________________________________________
   Number Street Number Street

   _________________________________________________ _________________________________________________

   _________________________________________________ _________________________________________________
   City State ZIP Code City State ZIP Code

   _________________________________________________ _________________________________________________
   County County

   If your mailing address is different from the one If Debtor 2’s mailing address is different from
   above, fill it in here. Note that the court will send yours, fill it in here. Note that the court will send
   any notices to you at this mailing address. any notices to this mailing address.

   _________________________________________________ _________________________________________________
   Number Street Number Street

   _________________________________________________ _________________________________________________
   P.O. Box P.O. Box

---

City State ZIP Code City State ZIP Code

6. Why you are choosing Check one: Check one: this district to file for Over the last 180 days before filing this petition, Over the last 180 days before filing this petition, bankruptcy I have lived in this district longer than in any I have lived in this district longer than in any other district. other district. I have another reason. Explain. I have another reason. Explain. (See 28 U.S.C. § 1408.) (See 28 U.S.C. § 1408.) ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 2

Debtor 1 _______________________________________________________ Case number (if known)_____________________________________ First Name Middle Name Last Name

Part 2: Tell the Court About Your Bankruptcy Case

7. The chapter of the Check one. (For a brief description of each, see Notice Required by 11 U.S.C. § 342(b) for Individuals Filing Bankruptcy Code you for Bankruptcy (Form 2010)). Also, go to the top of page 1 and check the appropriate box. are choosing to file Chapter 7 under Chapter 11 Chapter 12 Chapter 13

8. How you will pay the fee I will pay the entire fee when I file my petition. Please check with the clerk’s office in your local court for more details about how you may pay. Typically, if you are paying the fee yourself, you may pay with cash, cashier’s check, or money order. If your attorney is submitting your payment on your behalf, your attorney may pay with a credit card or check with a pre-printed address. I need to pay the fee in installments. If you choose this option, sign and attach the Application for Individuals to Pay The Filing Fee in Installments (Official Form 103A). I request that my fee be waived (You may request this option only if you are filing for Chapter 7. By law, a judge may, but is not required to, waive your fee, and may do so only if your income is less than 150% of the official poverty line that applies to your family size and you are unable to pay the fee in installments). If you choose this option, you must fill out the Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B) and file it with your petition.

9. Have you filed for No bankruptcy within the last 8 years? Yes. District __________________________ When _______________ Case number ___________________________ MM / DD / YYYY District __________________________ When _______________ Case number ___________________________ MM / DD / YYYY District __________________________ When _______________ Case number ___________________________ MM / DD / YYYY

10. Are any bankruptcy No cases pending or being filed by a spouse who is Yes. Debtor _________________________________________________ Relationship to you _____________________ not filing this case with District __________________________ When _______________ Case number, if known____________________ you, or by a business MM / DD / YYYY partner, or by an affiliate?

    Debtor _________________________________________________ Relationship to you _____________________

    District __________________________ When _______________ Case number, if known____________________

    MM / DD / YYYY

11. Do you rent your No. Go to line 12. residence? Yes. Has your landlord obtained an eviction judgment against you? No. Go to line 12. Yes. Fill out Initial Statement About an Eviction Judgment Against You (Form 101A) and file it as part of this bankruptcy petition.

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 3

Debtor 1 _______________________________________________________ Case number (if known)_____________________________________ First Name Middle Name Last Name

Part 3: Report About Any Businesses You Own as a Sole Proprietor

12. Are you a sole proprietor No. Go to Part 4. of any full- or part-time business? Yes. Name and location of business A sole proprietorship is a business you operate as an _______________________________________________________________________________________ Name of business, if any individual, and is not a

separate legal entity such as a corporation, partnership, or _______________________________________________________________________________________ LLC. Number Street If you have more than one _______________________________________________________________________________________ sole proprietorship, use a separate sheet and attach it to this petition. _______________________________________________ _______ __________________________ City State ZIP Code

Check the appropriate box to describe your business:

Health Care Business (as defined in 11 U.S.C. § 101(27A)) Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B)) Stockbroker (as defined in 11 U.S.C. § 101(53A)) Commodity Broker (as defined in 11 U.S.C. § 101(6))

None of the above

13. Are you filing under If you are filing under Chapter 11, the court must know whether you are a small business debtor so that it Chapter 11 of the can set appropriate deadlines. If you indicate that you are a small business debtor, you must attach your Bankruptcy Code, and most recent balance sheet, statement of operations, cash-flow statement, and federal income tax return or if any of these documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B). are you a small business debtor? For a definition of small No. I am not filing under Chapter 11. business debtor, see No. I am filing under Chapter 11, but I am NOT a small business debtor according to the definition in 11 U.S.C. § 101(51D). the Bankruptcy Code. Yes. I am filing under Chapter 11, I am a small business debtor according to the definition in the Bankruptcy Code, and I do not choose to proceed under Subchapter V of Chapter 11. Yes. I am filing under Chapter 11, I am a small business debtor according to the definition in the Bankruptcy Code, and I choose to proceed under Subchapter V of Chapter 11.

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 4

Debtor 1 _______________________________________________________ Case number (if known)_____________________________________ First Name Middle Name Last Name

Part 4: Report if You Own or Have Any Hazardous Property or Any Property That Needs Immediate Attention

14. Do you own or have any No property that poses or is Yes. What is the hazard? ________________________________________________________________________ alleged to pose a threat

of imminent and
identifiable hazard to ________________________________________________________________________
public health or safety?

Or do you own any property that needs If immediate attention is needed, why is it needed? _______________________________________________ immediate attention? For example, do you own ________________________________________________________________________ perishable goods, or livestock that must be fed, or a building that needs urgent repairs? Where is the property? ________________________________________________________________________ Number Street

________________________________________________________________________

________________________________________ _______ ____________________
City State ZIP Code

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 5

Debtor 1 _______________________________________________________ Case number (if known)_____________________________________ First Name Middle Name Last Name

Part 5: Explain Your Efforts to Receive a Briefing About Credit Counseling

About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case): 15. Tell the court whether you have received a briefing about credit You must check one: You must check one: counseling. I received a briefing from an approved credit I received a briefing from an approved credit counseling agency within the 180 days before I counseling agency within the 180 days before I The law requires that you filed this bankruptcy petition, and I received a filed this bankruptcy petition, and I received a receive a briefing about credit certificate of completion. certificate of completion. counseling before you file for Attach a copy of the certificate and the payment Attach a copy of the certificate and the payment bankruptcy. You must plan, if any, that you developed with the agency. plan, if any, that you developed with the agency. truthfully check one of the following choices. If you I received a briefing from an approved credit I received a briefing from an approved credit cannot do so, you are not counseling agency within the 180 days before I counseling agency within the 180 days before I eligible to file. filed this bankruptcy petition, but I do not have a filed this bankruptcy petition, but I do not have a certificate of completion. certificate of completion. If you file anyway, the court Within 14 days after you file this bankruptcy petition, Within 14 days after you file this bankruptcy petition, can dismiss your case, you you MUST file a copy of the certificate and payment you MUST file a copy of the certificate and payment will lose whatever filing fee plan, if any. plan, if any. you paid, and your creditors can begin collection activities I certify that I asked for credit counseling I certify that I asked for credit counseling again. services from an approved agency, but was services from an approved agency, but was unable to obtain those services during the 7 unable to obtain those services during the 7 days after I made my request, and exigent days after I made my request, and exigent circumstances merit a 30-day temporary waiver circumstances merit a 30-day temporary waiver of the requirement. of the requirement.

To ask for a 30-day temporary waiver of the To ask for a 30-day temporary waiver of the
requirement, attach a separate sheet explaining requirement, attach a separate sheet explaining
what efforts you made to obtain the briefing, why what efforts you made to obtain the briefing, why
you were unable to obtain it before you filed for you were unable to obtain it before you filed for
bankruptcy, and what exigent circumstances bankruptcy, and what exigent circumstances
required you to file this case. required you to file this case.

Your case may be dismissed if the court is Your case may be dismissed if the court is
dissatisfied with your reasons for not receiving a dissatisfied with your reasons for not receiving a
briefing before you filed for bankruptcy. briefing before you filed for bankruptcy.
If the court is satisfied with your reasons, you must If the court is satisfied with your reasons, you must
still receive a briefing within 30 days after you file. still receive a briefing within 30 days after you file.
You must file a certificate from the approved You must file a certificate from the approved
agency, along with a copy of the payment plan you agency, along with a copy of the payment plan you
developed, if any. If you do not do so, your case developed, if any. If you do not do so, your case
may be dismissed. may be dismissed.
Any extension of the 30-day deadline is granted Any extension of the 30-day deadline is granted
only for cause and is limited to a maximum of 15 only for cause and is limited to a maximum of 15
days. days.
I am not required to receive a briefing about I am not required to receive a briefing about
credit counseling because of: credit counseling because of:
Incapacity. I have a mental illness or a mental Incapacity. I have a mental illness or a mental
deficiency that makes me deficiency that makes me
incapable of realizing or making incapable of realizing or making
rational decisions about finances. rational decisions about finances.
Disability. My physical disability causes me Disability. My physical disability causes me
to be unable to participate in a to be unable to participate in a
briefing in person, by phone, or briefing in person, by phone, or
through the internet, even after I through the internet, even after I
reasonably tried to do so. reasonably tried to do so.
Active duty. I am currently on active military Active duty. I am currently on active military
duty in a military combat zone. duty in a military combat zone.

If you believe you are not required to receive a If you believe you are not required to receive a
briefing about credit counseling, you must file a briefing about credit counseling, you must file a
motion for waiver of credit counseling with the court. motion for waiver of credit counseling with the court.

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 6

Debtor 1 _______________________________________________________ Case number (if known)_____________________________________ First Name Middle Name Last Name

Part 6: Answer These Questions for Reporting Purposes

16a. Are your debts primarily consumer debts? Consumer debts are defined in 11 U.S.C. § 101(8)

16. What kind of debts do as “incurred by an individual primarily for a personal, family, or household purpose.” you have? No. Go to line 16b. Yes. Go to line 17. 16b. Are your debts primarily business debts? Business debts are debts that you incurred to obtain money for a business or investment or through the operation of the business or investment. No. Go to line 16c. Yes. Go to line 17. 16c. State the type of debts you owe that are not consumer debts or business debts. _______________________________________________________________

17. Are you filing under Chapter 7? No. I am not filing under Chapter 7. Go to line 18. Do you estimate that after Yes. I am filing under Chapter 7. Do you estimate that after any exempt property is excluded and any exempt property is administrative expenses are paid that funds will be available to distribute to unsecured creditors? excluded and No administrative expenses are paid that funds will be Yes available for distribution to unsecured creditors?

18. How many creditors do 1-49 1,000-5,000 25,001-50,000 you estimate that you 50-99 5,001-10,000 50,001-100,000 owe? 100-199 10,001-25,000 More than 100,000 200-999

19. How much do you $0-$50,000 $1,000,001-$10 million $500,000,001-$1 billion estimate your assets to $50,001-$100,000 $10,000,001-$50 million $1,000,000,001-$10 billion be worth? $100,001-$500,000 $50,000,001-$100 million $10,000,000,001-$50 billion $500,001-$1 million $100,000,001-$500 million More than $50 billion

20. How much do you $0-$50,000 $1,000,001-$10 million $500,000,001-$1 billion estimate your liabilities $50,001-$100,000 $10,000,001-$50 million $1,000,000,001-$10 billion to be? $100,001-$500,000 $50,000,001-$100 million $10,000,000,001-$50 billion $500,001-$1 million $100,000,001-$500 million More than $50 billion

Part 7: Sign Below

I have examined this petition, and I declare under penalty of perjury that the information provided is true and

For you correct.

If I have chosen to file under Chapter 7, I am aware that I may proceed, if eligible, under Chapter 7, 11,12, or 13
of title 11, United States Code. I understand the relief available under each chapter, and I choose to proceed
under Chapter 7.

If no attorney represents me and I did not pay or agree to pay someone who is not an attorney to help me fill out
this document, I have obtained and read the notice required by 11 U.S.C. § 342(b).

I request relief in accordance with the chapter of title 11, United States Code, specified in this petition.

I understand making a false statement, concealing property, or obtaining money or property by fraud in connection
with a bankruptcy case can result in fines up to $250,000, or imprisonment for up to 20 years, or both.
18 U.S.C. §§ 152, 1341, 1519, and 3571.
______________________________________________ _____________________________
Signature of Debtor 1 Signature of Debtor 2

Executed on _________________ Executed on __________________
MM / DD / YYYY MM / DD / YYYY

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 7

Debtor 1 _______________________________________________________ Case number (if known)_____________________________________ First Name Middle Name Last Name

I, the attorney for the debtor(s) named in this petition, declare that I have informed the debtor(s) about eligibility

For your attorney, if you are to proceed under Chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief represented by one available under each chapter for which the person is eligible. I also certify that I have delivered to the debtor(s) the notice required by 11 U.S.C. § 342(b) and, in a case in which § 707(b)(4)(D) applies, certify that I have no If you are not represented knowledge after an inquiry that the information in the schedules filed with the petition is incorrect. by an attorney, you do not need to file this page. _________________________________ Date _________________ Signature of Attorney for Debtor MM / DD / YYYY

_________________________________________________________________________________________________
Printed name

_________________________________________________________________________________________________
Firm name

_________________________________________________________________________________________________
Number Street

_________________________________________________________________________________________________

______________________________________________________ ____________ ______________________________
City State ZIP Code

Contact phone _____________________________________ Email address ______________________________

______________________________________________________ ____________
Bar number State

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 8

Debtor 1 _______________________________________________________ Case number (if known)_____________________________________ First Name Middle Name Last Name

For you if you are filing this The law allows you, as an individual, to represent yourself in bankruptcy court, but you bankruptcy without an should understand that many people find it extremely difficult to represent attorney themselves successfully. Because bankruptcy has long-term financial and legal consequences, you are strongly urged to hire a qualified attorney. If you are represented by an attorney, you do not To be successful, you must correctly file and handle your bankruptcy case. The rules are very need to file this page. technical, and a mistake or inaction may affect your rights. For example, your case may be dismissed because you did not file a required document, pay a fee on time, attend a meeting or hearing, or cooperate with the court, case trustee, U.S. trustee, bankruptcy administrator, or audit firm if your case is selected for audit. If that happens, you could lose your right to file another case, or you may lose protections, including the benefit of the automatic stay.

You must list all your property and debts in the schedules that you are required to file with the
court. Even if you plan to pay a particular debt outside of your bankruptcy, you must list that debt
in your schedules. If you do not list a debt, the debt may not be discharged. If you do not list
property or properly claim it as exempt, you may not be able to keep the property. The judge can
also deny you a discharge of all your debts if you do something dishonest in your bankruptcy
case, such as destroying or hiding property, falsifying records, or lying. Individual bankruptcy
cases are randomly audited to determine if debtors have been accurate, truthful, and complete.
Bankruptcy fraud is a serious crime; you could be fined and imprisoned.

If you decide to file without an attorney, the court expects you to follow the rules as if you had
hired an attorney. The court will not treat you differently because you are filing for yourself. To be
successful, you must be familiar with the United States Bankruptcy Code, the Federal Rules of
Bankruptcy Procedure, and the local rules of the court in which your case is filed. You must also
be familiar with any state exemption laws that apply.

Are you aware that filing for bankruptcy is a serious action with long-term financial and legal
consequences?
No
Yes

Are you aware that bankruptcy fraud is a serious crime and that if your bankruptcy forms are
inaccurate or incomplete, you could be fined or imprisoned?
No
Yes

Did you pay or agree to pay someone who is not an attorney to help you fill out your bankruptcy forms?
No
Yes. Name of Person_____________________________________________________________________.
Attach Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119).

By signing here, I acknowledge that I understand the risks involved in filing without an attorney. I
have read and understood this notice, and I am aware that filing a bankruptcy case without an
attorney may cause me to lose my rights or property if I do not properly handle the case.

_______________________________________________ ______________________________
Signature of Debtor 1 Signature of Debtor 2

Date _________________ Date _________________
MM / DD / YYYY MM / DD / YYYY

Contact phone ______________________________________ Contact phone ________________________________

Cell phone ______________________________________ Cell phone ________________________________

Email address ______________________________________ Email address ________________________________

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 9 Print Save As... Add Attachment Reset