Who needs the Official Form 1?
A debtor who needs to begin a bankruptcy case should use the Official Form 1, also known as a voluntary petition (hereafter referred to as the “Form”).
What is the purpose of the Form?
Filing this Form, an individual or other entity declares bankruptcy. The Form provides the bankruptcy court with the basic information needed to initiate the case. The Form also constitutes an order of relief.
Is the Form accompanied by other forms?
If the Form is filled by a non-attorney bankruptcy petition preparer, they must attach an Official Form 19.
To pay the filing fee in installments, the individual must attach the Official Form 3A or application certifying that he is able to pay fee only in installments.
If the individual requests filing fee waiver, he must attach Official Form 3B.
The petitioner should attach also mailing list that contains the names and addresses of the creditors and others that should receive notices from the court.
What information should be provided?
The debtor provides the following information about itself and the joint debtor:
- name (if individual, last, first and middle);
- all other names used in the last 8 years;
- last four digits of SSN or individual-taxpayer ID;
- street address (No. And street, city, state, ZIP code);
- county of residence or of principal place of business;
- mailing address;
- location of principal assets of business debtor;
- type of debtor;
- nature of business;
- chapter of Bankruptcy Code under which the petition is filed;
- nature of debts;
- administrative/statistical information including estimated number of creditors, estimated assets and estimated liabilities;
- information about prior bankruptcy cases filed within the last eight years;
- information about pending bankruptcy case filed by any spouse, partner or affiliate of the debtor;
- information regarding the venue;
The signature section includes signatures of the debtor, his foreign representative, attorney, non-attorney preparer.
Where do I send the Form?
An individual generally should file a bankruptcy case in the federal judicial district where the individual resides or maintains a domicile. In a business case, the debtor should file in the district in which the debtor maintains a domicile, a residence, a principal place of business, or in which the debtor's principal assets are located.
The petitioner should file the Form with the clerk of the respective court.
