VIII. Petition, Schedules, and Related Documents
§2.8 A voluntary bankruptcy case is commenced when a petition is filed with the bankruptcy court clerk by an individual who is eligible to be a debtor under the chapter he or she has elected. 11 USC 301;Bankruptcy Rule 1002. A joint case is commenced when a single petition is filed with the bankruptcy court by an individual who is eligible to be a debtor under the chapter he or she has elected and that individual’s spouse. 11 USC 302.
In a voluntary case, the debtor must file with the petition a list containing the name and address of each entity included or to be included on schedules D (secured creditors), E (creditors holding unsecured priority claims), F (creditors holding unsecured nonpriority claims), G (executory contracts and unexpired leases), and H (codebtors). This is also known as the “matrix.” 11 USC 521(a)(1)(A);Bankruptcy Rule 1007(a)(1). The schedules are official forms that are available online athttp://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms.aspx.
The debtor, unless the court orders otherwise, must file schedules of assets (schedules A and B) and liabilities (schedules D, E, and F), a schedule of current income (schedule I) and expenditures (schedule J), and a statement of financial affairs, prepared as prescribed by the appropriate official forms. 11 USC 521(a)(1)(B)(i)–(iv); Bankruptcy Rule 1007(b)(1).
Every debtor should file a schedule of property claimed as exempt (schedule C). Although there is an official form, neither 11 USC 521nor Bankruptcy Rule 1007 requires the filing of schedule C.
If the debtor is an individual whose debts are primarily consumer debts (defined in 11 USC 101(8) to be “debt incurred by an individual primarily for a personal, family or household purpose”), the debtor must file a certificate of an attorney whose name is indicated on the petition as the attorney for the debtor, or a bankruptcy petition preparer, indicating that such attorney or the bankruptcy petition preparer delivered the notice required by 11 USC 342(b) to the debtor. 11 USC 521(a)(1)(B)(iii)(I).
The debtor, unless the court orders otherwise, must file a schedule of executory contracts and unexpired leases (schedule G), prepared as prescribed by the appropriate official forms. Bankruptcy Rule 1007(b)(1).