Chapter 7 Voluntary Petition (Official Form 101)
The initiating document for Chapter 7 bankruptcy — triggers the automatic stay and begins the liquidation process.
Official Form 101, the 'Voluntary Petition for Individuals Filing for Bankruptcy,' is the document that initiates a Chapter 7 bankruptcy case. Chapter 7 (liquidation) is designed to give honest debtors a fresh start by discharging (eliminating) most unsecured debts while liquidating non-exempt assets to pay creditors. For homeowners facing foreclosure, Chapter 7 provides temporary protection through the automatic stay and may discharge personal liability on the mortgage — but it does NOT cure mortgage arrears or stop foreclosure permanently. In Chapter 7, the homeowner typically either: (a) reaffirms the mortgage (agrees to continue paying and keep the home), (b) surrenders the property (discharges liability and walks away), or (c) redeems the property (pays the lender the current value in a lump sum). Chapter 7 is generally a short-term stay, not a long-term foreclosure defense — Chapter 13 is usually better for homeowners who want to keep their homes.
Purpose of This Form
- 1Initiate Chapter 7 bankruptcy and trigger the automatic stay (11 USC § 362)
- 2Discharge eligible unsecured debts (credit cards, medical bills, personal loans)
- 3Discharge personal liability on the mortgage (though the lien remains)
- 4Provide temporary foreclosure protection while the bankruptcy is pending
- 5Give the debtor a financial fresh start
Form Sections & How to Complete
Debtor Information
Full name, address, county of residence, and the last 4 digits of your Social Security Number or ITIN. If filing jointly with a spouse, include both debtors' information.
Chapter Selection and Filing Fee
Indicate that this is a Chapter 7 filing. State whether you are paying the filing fee ($338) in full, in installments, or requesting a fee waiver (poor filers only).
Prior Bankruptcy Disclosure
Disclose any bankruptcy cases filed in the last 8 years — the court needs to know if you are a repeat filer (affects the automatic stay under § 362(c)(3)-(4)).
Credit Counseling Certificate
Attach the certificate from an approved credit counseling agency showing you completed credit counseling within 180 days before filing. This is mandatory — the petition will be dismissed without it.
Filing Requirements
Where to File
U.S. Bankruptcy Court for the district where you have lived for the greater part of the last 180 days.
Filing Fees
Chapter 7 filing fee: $338. Fee waiver application (Official Form 103B) may be available for very low-income filers.
Copies Required
Original petition + all schedules and statements to the court + copy to the Chapter 7 trustee (after appointment) + keep a complete copy.
Timing / Deadlines
Automatic stay effective immediately upon filing. 341 meeting of creditors: typically 21-50 days after filing. Discharge: typically 60-90 days after the 341 meeting. The entire Chapter 7 process takes approximately 4-6 months.
Related Forms
Chapter 13 Repayment Plan (Official Form 113)
Bankruptcy
Motion to Reimpose (Reinstate) Automatic Stay
Bankruptcy
proof-of-claim-objection
Coming soon
Frequently Asked Questions
Will Chapter 7 stop foreclosure permanently?▼
No — Chapter 7 provides TEMPORARY protection through the automatic stay but does NOT permanently stop foreclosure. The lender can (and usually will) file a Motion for Relief from Stay to resume foreclosure. If you are surrendering the property, the stay is typically lifted within 30-60 days and foreclosure resumes. If you intend to keep the home, you must reaffirm the debt (agree to continue paying) OR redeem the property. Chapter 13, not Chapter 7, is the chapter for curing arrears and keeping your home long-term.
Do I lose my home in Chapter 7?▼
Not automatically — but keeping a home in Chapter 7 is challenging. You have three options: (1) Reaffirm — agree in writing to continue paying the mortgage according to the original terms and keep the home. This requires the lender's consent and court approval (showing no undue hardship). (2) Redeem — pay the lender the current value of the property in a lump sum (rare, as it requires cash). (3) Surrender — give the property back to the lender, discharge your personal liability, and walk away. Most Chapter 7 debtors who are behind on the mortgage surrender the property.
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