According to the U.S. Federal Courts, filing for Chapter 7 bankruptcy starts when the debtor files a petition with the bankruptcy court (either state or federal) serving the area where the individual lives (or where the business debtor is organized or has its principal place of business or principal assets). A husband and wife may file a joint or an individual petition; both parties will need to provide the same documents required of individual debtors.
With the petition, the debtor(s) must also file a set of papers which includes:
-- A schedule of assets and liabilities
-- A schedule of current income and expenditures
-- A statement of financial affairs
-- A schedule of executory contracts and unexpired leases
-- A copy of the current year tax return and tax returns for prior years that were not filed when the case began
Additionally, individual debtors with primarily consumer debts must file:
-- A certificate of credit counseling and any debt repayment plans developed through counseling
-- Evidence of payment from employers
-- A statement of monthly net income
-- A record of any interest the debtor has in federal or state qualified education or tuition accounts
Additional information can be found at:
-- U.S. Courts Web site: http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter7.html
-- Nolo Web site about Chapter 7 bankruptcy:
http://www.nolo.com/resource.cfm/catID/283B9600-ECC3-49ED-9D9A20A3E13F42E0/213/161/128/
-- SEC’s Web site about Corporate Chapter 7 bankruptcy:
http://www.sec.gov/investor/pubs/bankrupt.htm