Official Procedure Last Change September 11, 2024
Click here for complete filing requirements according to chapter.
1. Log into CM/ECF.
2. Select Bankruptcy > File Voluntary Bankruptcy Case*
*Select File Related Voluntary Bankruptcy Case if filing additional chapter 11 cases which are related to the initial case.
3. Complete petition information screen. Click Next.
4. Enter Debtor’s/ Joint Debtor’s name or SSN. If a business, enter Tax ID. Click Search.
Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.
5. Select Create New Party.
6. Enter all Debtor/ Joint Debtor information.
7. Click Alias to add any aliases.
8. Click Corporate Parent / affiliate to add any corporate parent or affiliate.
9. Click Review to proof added information. Click Return to Party Screen after review.
10. Click Submit. (If petition contains a joint debtor, repeat steps 4 - 10.)
11. Assigned divisional office is displayed. Click Next.
12. Enter all debtor information and click Next.
13. Select appropriate radio buttons for both questions and click Next.
14. Select appropriate radio button regarding Income and Expense Schedule and click Next.
15. If this is a Small Business filing: Check all items included with Petition and click Next.
16. If you previously indicated that this filing has deficiencies: Check all applicable boxes and click Next.
17. Complete amounts in Summary of Schedules (if known) and click Next.
18. Browse to select the document to be filed and click Next.
19. If you indicated that you are not filing Schedule D, you are asked if you are filing a List of Secured Creditors. Choose appropriate radio button and click Next.
20. Verify fee information (and Ombudsman due date, if applicable).
21. Click Next then Next.
22. Verify the final docket text; if correct, click Next to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.
Official Procedure Last Change November 15, 2016
Chapter 12 Voluntary Petition
General Information
Click here for complete filing requirements according to chapter.
Step-by-Step Instructions
1. Log into CM/ECF.
2. Select Bankruptcy > File Voluntary Bankruptcy Case.
3. Complete petition information screen. Click Next.
4. Enter Debtor’s/ Joint Debtor’s name or SSN. If a business, enter Tax ID. Click Search.
Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.
5. Select Create New Party.
6. Enter all Debtor/ Joint Debtor information.
7. Click Alias to add any aliases.
8. Click Corporate Parent / affiliate to add any corporate parent or affiliate.
9. Click Review to proof added information. Click Return to Party Screen after review.
10. Click Submit. (If petition contains a joint debtor, repeat steps 4 - 10.)
11. Assigned divisional office is displayed. Click Next.
12. Enter all debtor information and click Next.
13. Select appropriate radio buttons for both questions and click Next.
14. Select appropriate radio button regarding Income and Expense Schedule and click Next.
15. If you previously indicated that this filing has deficiencies: Check all applicable boxes and click Next.
16. Complete amounts in Summary of Schedules (if known) and click Next.
17. Browse to select the document to be filed and click Next.
18. If you indicated that you are not filing Schedule D, you are asked if you are filing a List of Secured Creditors. Choose appropriate radio button and click Next.
19. Verify fee information.
20. Click Next then Next.
21. Verify the final docket text; if correct, click Next to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.
Official Procedure Last Change November 15, 2016
Chapter 13 Voluntary Petition (Individual/ Consumer Debt)
General Information
Click here for complete filing requirements according to chapter.
Except on the Debtor’s Statement of Social Security Statement, the Debtor’s and/or Joint Debtor’s Social Security Number must be redacted before filing any document with the court.
Step-by-Step Instructions
1. Log into CM/ECF.
2. Select Bankruptcy > File Voluntary Bankruptcy Case.
3. Complete petition information screen. Click Next.
4. Enter Debtor’s/ Joint Debtor’s name or SSN. Click Search.
Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.
5. Select Create New Party.
6. Enter all Debtor/ Joint Debtor information.
7. Click Alias to add any aliases.
8. Click Corporate Parent / affiliate to add any corporate parent or affiliate.
9. Click Review to proof added information. Click Return to Party Screen after review.
10. Click Submit. (If petition contains a joint debtor, repeat steps 4 - 10.)
11. Assigned divisional office is displayed. Click Next.
12. Complete statistical information and click Next.
13. Select appropriate radio button to indicate whether the Rights & Responsibilities is included with the Petition. Click Next.
14. If you previously indicated that this filing has deficiencies: Check all applicable boxes and click Next.
15. Complete amounts in Summary of Schedules (if known) and click Next.
16. Browse to select the document to be filed and click Next.
17. Verify fee information.
19. Click Next then Next.
20. Verify the final docket text; if correct, click Next to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.
Official Procedure Last Change December 29, 2015
Chapter 15 Petitions for Recognition of a Foreign Proceeding
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General Information
Filing Requirements
Step-by-Step Instructions
1. Log into CM/ECF.
2. Select Bankruptcy > File Voluntary Bankruptcy Case.
3. Select 15 in the Chapter drop down box, and the relevant entry in the Main/Nonmain box.
4. If any of the following required documents are not being filed at this time, select y from the drop-down box. If all these documents are being filed, leave the selection as n.
Required documents:
5. Enter name of debtor and click Search.
Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.
6. Select Create New Party.
7. Enter all Debtor/ Joint Debtor information. For County of Debtor, select OUTSIDE U.S. The postal/ZIP code and any other information (except for the country name) such as a state/province should be entered along with the city in the City field.
8. Click Alias to add any aliases.
9. Click Corporate Parent / affiliate to add any corporate parent or affiliate.
10. Click Review to proof added information. Click Return to Party Screen after review.
11. Click Submit.
12. Assigned divisional office is displayed. Ensure that Indianapolis is selected and click Next.
13. Select type of debtor and click Next.
14. If you indicated in step 4 that some documents are not being filed, select those documents and click Next.
15. Select appropriate radio buttons for both questions and click Next.
16. Browse to select the document to be filed and click Next.
17. Filing fee is displayed. Click Next.
18. Final docket text is displayed. Click Next.
19. Verify the final docket text; if correct, click Next to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.
Official Procedure Last Change November 15, 2016
Chapter 7 Voluntary Petition (Individual/ Consumer Debt)
General Information
Click here for complete filing requirements according to chapter.
Except on the Debtor’s Statement of Social Security Statement, the Debtor’s and/or Joint Debtor’s Social Security Number must be redacted before filing any document with the court.
Step-by-Step Instructions
1. Log into CM/ECF.
2. Select Bankruptcy > File Voluntary Bankruptcy Case.
3. Complete petition information screen. Click Next.
4. Enter Debtor’s/ Joint Debtor’s name or SSN. Click Search.
Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.
5. Select Create New Party.
6. Enter all Debtor/ Joint Debtor information.
7. Click Alias to add any aliases.
8. Click Corporate Parent / affiliate to add any corporate parent or affiliate.
9. Click Review to proof added information. Click Return to Party Screen after review.
10. Click Submit. (If petition contains a joint debtor, repeat steps 4 - 10.)
11. Assigned divisional office is displayed. Click Next.
12. Complete statistical information and click Next.
13. A notice is displayed. Click Next.
14. If you previously indicated that this filing has deficiencies: Check all applicable boxes and click Next.
15. Complete amounts in Summary of Schedules (if known) and click Next.
16. Enter all statistical information requested and click Next.
17. Select appropriate option for Presumption of Abuse.
If debtor is claiming exclusion as a member of the National Guard or Reserves:
Not a joint case: Choose No
Joint case:
If both debtors are claiming the exclusion, choose No
If only one debtor is claiming the exclusion and there is no presumption of abuse for the other debtor, choose No
If only one debtor is claiming the exclusion and there is a presumption of abuse for the other debtor, choose Yes
18. Browse to select the document to be filed and click Next.
19. Verify fee information.
20. Click Next then Next.
21. Verify the final docket text; if correct, click Next to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.
Official Procedure Last Change February 18, 2016
Filing Case Using your Software's ECF Filing System
Contact your software vendor for instructions.
Requirements for the Southern District of Indiana are as follows:
These documents may be filed together as one pdf:
These documents must be filed as separate documents (and not included in the same PDF as the petition):
Note: Contact your bankruptcy software vendor regarding the possibility of including all required documents as part of the auto-filing/case-upload process.
Official Procedure Last Change December 1, 2017
Filing an Emergency Petition / Balance of Petition
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Emergency Petitions - General Information
Emergency Filing - Minimum Requirements:
Any voluntary petition filed without the schedules and statements required in Fed.R. Bankr.P. 1007 must be accompanied by:
Any request for an extension of time to file the other documents required by this rule must comply with Fed.R.Bankr.P. 1007.
For step-by-step instructions on filing the Petition, follow the relevant procedures on filing a new case.
Filing the Balance of the Petition - General Information
Note: Not all of these documents are required in every bankruptcy case.
Step-by-Step Instructions to file balance of the Petition
1. Log into CM/ECF.
2. Select Bankruptcy > Schedules/Statement of Financial Affairs/Initial Required Documents.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select any of the following documents that you are including in the one PDF that you are filing. (Hold down the Ctrl key to select multiple items - the events you click should appear as a list on the right hand side under Selected Events.)
The following two options should only be selected if you are not also filing schedules. (If you are filing schedules, you will have the chance to indicate whether the following two items are included with the schedules.)
After selecting all documents included in your PDF, click Next.
5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.
6. Click to highlight the debtor(s) and click Next.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
7. Browse to select the pdf file containing all the documents you selected in Step 4. Click Next.
8. If you indicated that you are filing a Corporate Ownership Statement:
a. Enter the name of any corporate parent or affiliate listed on the Statement and click Search.
b. If the correct company is found: Click to select them then click Select name from list.
If the correct company is not found:
i. Click Create new corporate parent / affiliate.
ii. Fill in the requested information and click Add corporate parent / affiliate.
iii. In the party selection screen, highlight the debtor and click Next.
iv. Repeat from step a. above to enter any additional corporate parents or affiliates.
v. If there are no more corporate parents or affiliates to add, click End corporate parent / affiliate selection.
9. If you indicated that you are filing Disclosure of Compensation, you are asked who the Disclosure is for. Select correct radio button and click Next.
10. Click Next.
11. If you indicated that you are filing a Rights and Responsibilities document, you are asked if it is amendment to a previously filed Rights and Responsibilities. Select the appropriate radio button and click Next.
12. If you indicated that you are filing schedules, check boxes to indicate all schedules/summaries that are being included and click Next.
13. If you indicated that you are filing Schedule G or Schedule H, you are asked if those schedules contain any parties that you did not include when you uploaded the original creditor list. Select the appropriate radio button and click Next.
14. If you indicated that you are filing Schedule D or E/F, you are asked if those schedules contain any creditors that you did not include when you uploaded the original creditor list. Select the appropriate radio button and click Next.
15. If you indicated that you are adding new creditors or parties:
a. A message is displayed. Click Next to go to the screen that allows you to add the new creditors or parties. You can do this by either typing the names and addresses individually (or copy-pasting them in) and clicking Next, or uploading a text file containing only the added creditors/parties. How to prepare a text file for uploading
b. A Notice to Added Creditors must be sent to them and a Certificate of Service filed with the Court. Select appropriate radio button to show whether or not this was done and click Next. (For further information on this requirement, see instructions for filing Amended Schedules)
c. The Amendment Fee due is displayed. Click Next.
16. One or two screens of statistical information are displayed. Input all information and click Next on each screen.
17. If you indicated that you are filing a Statement of Financial Affairs, you are asked if it is amendment to a previously filed Statement of Financial Affairs. Select the appropriate radio button and click Next.
18. If you indicated that you are filing a Statement of Intention, you are asked if it is amendment to a previously filed Statement of Intention. Select the appropriate radio button and click Next.
19. Final docket text is displayed. Click Next.
20. Verify the final docket text; if correct, click Next to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.
All remaining documents should be filed separately using the relevant instructions for that document type. The most common document types are shown below:
Official Procedure Last Change March 22, 2022
There are three options to choose from when filing a new case:
1. Electronic filing using the Court's web site: Using the Court's CM/ECF system, the attorney creates PDF files of documents and a text file of the creditor list in his or her bankruptcy software or word processing program. The attorney then points his or her browser to the court's web site and logs on and files a case following the screens.
2. Bankruptcy Software's ECF Filing System: Most bankruptcy software programs have a system that allows the attorney to submit files without going through any question-and-answer screens on the court's web site. It makes the entire electronic filing process easier and faster for attorneys and their staff, integrating the ECF upload process with attorney's bankruptcy forms software. This is basically how it works: The user first enters case information, then clicks the "ECF Filing" button (or something similar) to create all electronic files at once: a PDF of the Petition and Schedules, a separate PDF of the Chapter 13 Plan, if applicable, a text file of the creditor address list, and a text file of the debtor information. After reviewing these files through an ECF Manager, the user clicks the "Filing" button, inputs the ECF login name and password, and then clicks "File Case" and it is filed.
Note: Contact your bankruptcy software vendor regarding the possibility of including the Statement of Social Security Number, Certificate of Credit Counseling, Means Test, and Pay Advices/Statement in Lieu as part of the auto-filing process. If you are unable to include these documents with the auto-filing process, you must file them separately, following the appropriate step-by-step instructions provided in this Procedures Manual.
3. Non-electronic filing: This option is only available for debtors filing without an attorney. The necessary documents, filing fee and diskette/CD/USB drive can be mailed in to the court or brought into the Clerk's office for filing over the counter. View acceptable methods of payment if a filing fee is due.
The Bankruptcy Court for the Southern District of Indiana does not support the Case Upload option available in some courts.
Official Procedure Last Change September 30, 2013
Prior Filings
Prior case was discharged
If a debtor received a discharge on a prior bankruptcy case, they may not be able to receive a second discharge on a new case if sufficient time has not passed between the two cases. The actual bar time varies depending on the chapters of the previous and current case, as shown in the following table (times shown are from filing date of prior case to filing date of new case):
| Chapter of new case | Chapter of prior case | To be eligible for a discharge in the new case, you will have to wait... |
| 7 | 7 | 8 years |
| 7 | 11 | 8 years |
| 7 | 12 | 6 years** |
| 7 | 13 | 6 years** |
| 11 | 7 | No limitation |
| 11 | 11 | No limitation |
| 11 | 12 | No limitation |
| 11 | 13 | No limitation |
| 12 | 7 | No limitation |
| 12 | 11 | No limitation |
| 12 | 12 | No limitation |
| 12 | 13 | No limitation |
| 13 | 7 | 4 years |
| 13 | 11 | 4 years |
| 13 | 12 | 4 years |
| 13 | 13 | 2 years |
** There are certain exceptions that apply to these combination of chapters. Consult the Bankruptcy Code for more information.
Prior case was dismissed
If a prior bankruptcy case was dismissed one year or less prior to the filing of the new case, the automatic stay will terminate on the 30th day after the filing of the current case, unless a Motion to Extend Automatic Stay is filed and granted.
If two or more prior bankruptcy cases were dismissed one year or less prior to the filing of the new case, the automatic stay will not go into effect on the current case, unless a Motion to Impose Automatic Stay is filed and granted.
Current case is being converted
A converted case is only eligible to receive a discharge in the new chapter if the waiting requirements as shown in the table above are met for the chapter to which the case is converting. This is calculated from filing date to filing date (not date of conversion).
E.g.:
| 2001 | 2006 | 2007 |
| Chapter 7 case filed, discharged |
Chapter 13 case filed OK - it's more than 4 years after the original filing |
Converts to Chapter 7 Will not be eligible for discharge - the current case was filed 5 years after the filing date of the original Chapter 7. Therefore, the 8 year bar applies. The only way to get a Chapter 7 discharge would be to dismiss this case and file another Chapter 7 in 2009, (8 years after filing date of the 2001 case). |
Current case is being transferred from another court or division within this court
The transferred case and the case from which it was transferred do not count as different filings. Therefore, time differences between the original date of filing of the current case and date of transfer need not be considered.
Current case is a joint case that is being split into two cases
Likewise, the new case created by the debtor that got split off does not count as another filing. Therefore, time differences between the original date of filing of the joint case and the date it was split into two separate cases need not be considered.
Official Procedure Last Change March 22, 2022
| Due at the time of filing of the Petition (minimum filing requirements): | Ch7 | Ch11 | Ch12 | Ch13 |
If the fee is to be paid in installments or the debtor requests a waiver of the fee, the debtor must be an individual and must file a signed application for court approval. Official Form B 103A or B 103B Schedule of Current Bankruptcy Fees View acceptable methods of payment if a filing fee is due FRBP 1006(b) & (c) |
X | X | X | X |
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X | X | X | X |
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Individual debtors only:
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X | X | X | X |
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X | X | X | X |
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X | X | X | X |
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Due within 7 days of filing of the Petition: |
Ch7 | Ch11 | Ch12 | Ch13 |
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Small Business Chapter 11 cases only:
A Statement in Lieu may be filed in place of any or all of the above documents. |
X | |||
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Due within 14 days of filing of the Petition: |
Ch7 | Ch11 | Ch12 | Ch13 |
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Individual debtors only:
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X | X | X | X |
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Individual debtors only:
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X | X | X | X |
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Non-Individual debtors only:
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X | X | X | X |
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X | X | X | X |
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X | X | X | X |
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X | |||
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X | |||
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X | |||
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X | |||
Note: It is not sufficient to file a document stating that pay advices were mailed to the Trustee. Copies of pay advices, if available, must be filed with the Court. |
X | X | X | X |
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X | X | X | X |
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X | X | X | X |
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X | X | X | X |
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X | X | X | X |
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X | |||
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Due 7 days before the date first set for the Section 341 meeting of creditors: |
Ch7 | Ch11 | Ch12 | Ch13 |
Note: Unless ordered to do so under 11 USC 521(f), debtors should NOT file tax returns with the Court. Tax information required under 11 USC 521(e)(2) should be provided directly to the trustee and any requesting creditor. |
X | |||
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Due within 30 days of filing of the Petition or on the date of the meeting of creditors, whichever is earlier: |
Ch7 | Ch11 | Ch12 | Ch13 |
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X | |||
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Due within 90 days of filing of the Petition: |
Ch7 | Ch11 | Ch12 | Ch13 |
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X | |||
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Due before the discharge is granted: |
Ch7 | Ch11 | Ch12 | Ch13 |
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X | X |
Official Procedure Last Change July 15, 2021
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Any individual or non-individual Chapter 11 debtor who satisfies the definition of “small business debtor” can request to be treated as a small business case. Determination of whether a debtor is a "small business debtor" requires application of a two-part test:
Small business cases are overseen more directly by the U.S. Trustee, and generally proceed more quickly than non-small business cases. Any party can ask the court to order that a creditors’ committee not be appointed.
The following apply to small business cases:
The following are required to be filed on small business cases, either along with the filing of the petition or 14 days after:
The deadline for filing these can be extended by means of a Motion to Extend Time to File Schedules. If one or more of these documents is unavailable, the debtor must file a statement in lieu.
If a Motion to Extend Time to File Schedules is filed, the maximum extension allowed by law is a total of 30 days from the date of filing of the petition, not 45 days as is allowable for non-small business cases.
The plan and disclosure statement process can be streamlined. Consult Fed.R.Bankr.P. 3017.1 and S. D. Ind B-3017-2. If the debtor wishes to use one of the streamlining options, a Notice of Proposed Expedited Processing of Small Business Chapter 11 Plan must be filed. This Notice is not required to be filed in Subchapter V cases, and disclosure statements do not apply.
Deadlines related to the filing and confirmation of the plan in small business cases are somewhat different from non-small business cases and should be investigated thoroughly.