Bankruptcy is initiated with a petition. The vast majority of cases are commenced by the debtor who files a voluntary petition. It is possible, however, for the debtor to be forced into bankruptcy by creditors who file an involuntary petition. Certain filing fees must be paid by the person or persons filing a bankruptcy petition. [add the case on indigents]. A major effect of the filing of a petition in bankruptcy is that all attempts at debt collection are enjoined by the automatic stay.
Under BRA s521, a debtor has certain duties in connection with the filing of a petition. Among them is that the debtor must file a various lists and schedules. These include a list of creditors, a schedule of assets and liabilities, a schedule of current income and expenditures, and a statement of financial affairs. In consumer cases, the debtor also may have to file a statement of intention with respect to property that secures a consumer debt. At the time of the filing of these lists and schedules, or shortly thereafter, the debtor must file a list of property claimed as exempt under state or federal law.