Chapter 7 Petition.

Every individual debtor seeking Chapter 7 bankruptcy relief commences a case by filing a “petition.” 11 U.S.C. § 301. But what constitutes a petition? Unlike the U.S. district courts that giver great latitude to drafters of a civil complaint, the U.S. bankruptcy courts do not give similar latitude to drafters of a Chapter 7 petition. Instead, the Bankruptcy Rules requires a debtor to use a specific national form prescribed by the Judicial Conference of the United States. Bankruptcy Rule 9009(a). These rules are strictly enforced. The petition form may not be changed as to affect wording or the order of presenting information. Id.

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Attorney Bob Schaller

Bankruptcy/Tax Attorney & Registered CPA

Bob has practiced law for more than 35 years and filed more than 3,000 bankruptcy cases. He has argued bankruptcy cases before the U.S. Court of Appeals, U.S. District Court, and U.S. Bankruptcy Court. He has authored 22 books including the 6-volume "Bankruptcy MasterClass Practice System & Toolkit."