By the Templateez Team · Licensed Attorney · June 2026

Bankruptcy Intake Forms: What Every Bankruptcy Attorney Needs to Capture at the Initial Consultation

A bankruptcy petition that gets filed with incomplete debtor information, a missed preferential transfer, or an incorrect means test calculation does not just slow the case down — it invites a trustee objection, a motion to dismiss, or worse, an adversary proceeding for concealment of assets. The initial consultation is where you build the foundation for the entire case, and the quality of your intake determines whether that foundation holds or cracks under scrutiny.

Too many bankruptcy practices rely on a generic client questionnaire that captures a name, a rough debt total, and a vague sense of the client's financial distress. That is not intake — that is triage. A proper bankruptcy intake form captures everything you need to determine chapter eligibility, identify pre-filing risks, build accurate schedules, and protect both the client and your practice from the problems that surface three months into a case when the trustee starts asking questions you should have asked on day one.

Chapter determination: the threshold question

Before anything else, your intake must collect the data points that drive chapter selection. This is not a conversation you have after gathering financial documents — it is the framework that tells you which documents to gather and how to read them. Your intake should capture:

• Current monthly income from all sources — wages, self-employment income, pensions, Social Security, alimony received, rental income, gig economy earnings, and household contributions from a non-filing spouse. The means test uses current monthly income as defined under 11 U.S.C. 101(10A), which is a six-month lookback average, not what the debtor earned last month. You need enough income detail at intake to determine whether you are above or below the state median.
• Household size — this determines which median income threshold applies. A single filer with $55,000 in annual income may be above median in one state and below in another. A household of four changes the math entirely.
• Prior bankruptcy filing history — this is a gate that can shut down an entire chapter before you look at anything else. A Chapter 7 discharge within the last eight years bars another Chapter 7 filing. A Chapter 13 discharge within the last two years bars a new Chapter 13. A Chapter 13 discharge within the last six years bars a Chapter 7 unless the debtor paid at least 70% of unsecured claims. Your intake must capture dates and case numbers for every prior filing, not just the most recent one.
• Nature of the debt — a debtor whose obligations are primarily business debts is not subject to the means test at all. A debtor whose obligations are primarily consumer debts must pass it. This distinction matters at intake because it determines your entire analytical path.
• Business ownership or self-employment status — Chapter 11 may be appropriate for a small business debtor or a high-income individual who does not qualify for Chapter 7 and whose debts exceed Chapter 13 limits. Subchapter V eligibility under the Small Business Reorganization Act requires aggregate noncontingent, liquidated debts below a threshold that adjusts periodically. Capture business structure, revenue, and approximate debt levels early enough to spot a Chapter 11 case before you spend two hours building a Chapter 7 analysis.

Debtor information: every name, every address, every dependent

The petition requires the debtor's full legal name and all other names used in the prior eight years. This is not optional — an alias, maiden name, or DBA that does not appear on the petition creates a creditor-notice problem and can form the basis for a motion to dismiss. Your intake should collect:

• Full legal name — as it appears on the debtor's government-issued identification, not how they sign their checks or what they go by.
• All prior names used in the last 8 years — maiden names, married names, legally changed names, DBAs, trade names, and any name under which the debtor incurred debt or held property.
• Social Security number — required for the petition and for credit report pulls. Confirm the number against a government-issued document at intake rather than discovering a transposition error after filing.
• Current address and all addresses for the prior 2 years — the 730-day domicile rule for exemption selection makes address history critical. A debtor who moved states within the last two years may be forced to use the exemptions of their prior state or fall back to federal exemptions.
• Marital status and spouse information — even in an individual filing, the non-filing spouse's income is relevant to the means test, and community property issues arise in community property states regardless of whether the spouse files.
• Dependents — names, ages, and relationship. Dependents affect household size for the means test and may affect exemption amounts. A debtor supporting a disabled adult child has a different means test profile than a single filer with no dependents.

Income analysis: the six-month lookback and beyond

Income documentation in bankruptcy is not a single pay stub. The means test requires a calculation based on the debtor's average monthly income over the six calendar months preceding the filing date. Your intake needs to capture every income stream and identify which ones fluctuate:

• Wages and salary — gross income from employment, including overtime, commissions, and bonuses. Debtors who receive irregular bonuses need to identify those separately because a large bonus in month three of the lookback period can push the average above median even if current monthly income is well below.
• Self-employment income — gross receipts minus ordinary and necessary business expenses. Self-employed debtors require more detailed intake because their income documentation is tax returns and profit-and-loss statements, not pay stubs.
• Pension and retirement income — Social Security, pension payments, annuity distributions, IRA withdrawals.
• Alimony and child support received — domestic support obligations received by the debtor count as income for the means test.
• Rental income — net rental income from investment properties.
• Gig economy and side income — rideshare driving, freelance work, cash-basis services. These are the income sources debtors most commonly forget to disclose or understate. Ask specifically.
• Non-filing spouse household contribution — in a non-joint filing, the income of a non-filing spouse that contributes to household expenses is included in the means test calculation. Capture this at intake so your means test is accurate before you advise on chapter selection.
• Tax returns for the two most recent years — the court requires them, the trustee will request them, and you need them to verify the income picture your client has described. Flag at intake whether the debtor has filed their most recent returns. An unfiled tax return is a problem that must be solved before filing.

Asset inventory: everything the debtor owns or has an interest in

Schedules A/B require a comprehensive inventory of the debtor's assets, and your intake form is where that inventory begins. A debtor who tells you they "don't own much" and then turns out to have $40,000 in a 401(k), a pending personal injury claim, and a whole life insurance policy with cash value is a debtor whose case could go sideways if the trustee discovers those assets before you do. Capture at intake:

• Real property — primary residence, vacation property, investment property, vacant land, timeshares. For each: current fair market value, outstanding mortgage balance, any home equity line of credit, property tax arrears.
• Vehicles — cars, trucks, motorcycles, boats, RVs, trailers. Year, make, model, mileage, approximate value, outstanding loan balance, and whether the debtor is current on payments.
• Bank accounts — checking, savings, money market, CDs, credit union accounts. Current balances as of the intake date. Joint accounts must be disclosed even if the co-owner is not filing.
• Retirement accounts — 401(k), 403(b), IRA (traditional and Roth), SEP-IRA, pension plans, deferred compensation. These are generally exempt under federal law (ERISA-qualified plans) or state exemptions, but they must be disclosed on the schedules regardless. Capture account types and approximate balances.
• Personal property of significant value — household goods and furnishings, clothing, jewelry (especially engagement and wedding rings), electronics, collections (coins, art, stamps, firearms), sporting goods, tools of the trade. Most personal property is exempt, but the debtor needs to identify items above typical exemption thresholds.
• Business interests — ownership interests in LLCs, partnerships, corporations, or sole proprietorships. Include percentage of ownership, approximate value of the business, and whether the business is operating or defunct.
• Pending lawsuits and claims — personal injury claims, workers' compensation claims, breach of contract actions, insurance claims, inheritance rights. A cause of action is a property interest that must be disclosed even if the debtor considers it unlikely to pay out. Failure to schedule a pending claim is one of the most common sources of post-filing problems.
• Life insurance — term policies have no asset value, but whole life and universal life policies accumulate cash surrender value that constitutes a non-exempt asset in many jurisdictions. Capture policy type, face value, and approximate cash value.
• Expected tax refunds — a refund that is expected but not yet received is property of the estate. Debtors who file bankruptcy in January or February often have a large refund coming. This is an asset the trustee will pursue if it is not exempted.

Debt classification: secured, priority, and general unsecured

Your intake must capture not just how much the debtor owes, but to whom and in what category. The Bankruptcy Code treats different types of debt differently, and your schedules, means test, and chapter selection all depend on accurate classification:

• Secured debts — mortgage (first and second liens), home equity line of credit, auto loans, equipment financing, any debt where the creditor holds a lien on the debtor's property. For each: creditor name, balance owed, collateral description, monthly payment, and whether the debtor intends to reaffirm, surrender, or redeem.
• Priority unsecured debts — these are non-dischargeable or last-to-be-discharged debts that receive priority treatment under Section 507. Tax debts owed to the IRS or state (identifying which tax years and whether returns were filed), domestic support obligations (child support and alimony arrears), wages owed to employees if the debtor is a business owner, and certain other categories.
• Student loans — while technically general unsecured debt, student loans are presumptively non-dischargeable absent an adversary proceeding under the Brunner test or the more recent undue hardship standards being adopted by some jurisdictions. Capture lender, balance, and whether the debtor wants to explore dischargeability.
• General unsecured debts — credit cards, medical bills, personal loans, deficiency balances from surrendered collateral, payday loans, utility arrears, judgments. For each: creditor name, account number, and approximate balance. These are the debts that a Chapter 7 discharge eliminates and that a Chapter 13 plan pays a percentage of.
• Contingent, unliquidated, or disputed debts — a debt the debtor may owe depending on a future event (contingent), a debt whose amount has not been determined (unliquidated), or a debt the debtor contests (disputed). These must be scheduled and labeled appropriately. A personal guaranty on a business loan that has not yet defaulted is contingent. A pending lawsuit where damages are uncertain is unliquidated. A medical bill the debtor believes was covered by insurance is disputed.

Exemption planning: protecting the debtor's property

Exemptions determine what the debtor keeps after filing. In a Chapter 7, non-exempt assets are liquidated for the benefit of creditors. In a Chapter 13, the value of non-exempt assets sets the floor for the plan payment. Your intake must collect the data that drives exemption analysis:

• State of domicile and domicile history — the 730-day rule requires the debtor to have been domiciled in a state for at least two years before filing to use that state's exemptions. A debtor who moved from Texas (unlimited homestead) to New Jersey (limited homestead) fourteen months ago cannot use either state's exemptions and must use federal exemptions. This is a critical intake question that directly affects how much property the debtor retains.
• Federal vs. state exemption election — some states allow debtors to choose between federal and state exemptions. Others require the use of state exemptions. Your intake should identify the applicable state and whether an election exists.
• Homestead exemption — the amount of equity in the debtor's primary residence that is protected from liquidation. Varies dramatically by state. Capture the home's fair market value, outstanding mortgage balance, and resulting equity to determine whether the homestead exemption fully covers the debtor's interest.
• Wildcard exemption — some states and the federal exemption scheme offer a wildcard that can be applied to any property. This is particularly valuable for protecting bank account balances, tax refunds, and personal property that exceeds category-specific exemption limits.

Pre-filing issues: transfers, luxury purchases, and timing traps

This is where intake prevents malpractice. A debtor who walks in ready to file immediately may need to wait — and your intake form is where you identify the reasons. These are the red flags your intake must surface:

• Transfers to family members or insiders within the last year — under Section 547, the trustee can avoid preferential transfers made to insiders within one year of filing. The debtor who gave their mother $10,000 six months ago, or transferred a car title to a sibling, has created a problem that the trustee will pursue. Ask specifically about transfers to family members, business partners, and close associates.
• Transfers to ordinary creditors within 90 days — payments to creditors in the 90 days before filing that exceed what the creditor would have received in a Chapter 7 liquidation are avoidable as preferences. Large payments to a single credit card or repayment of a personal loan in full shortly before filing will draw trustee attention.
• Luxury purchases within 90 days — under Section 523(a)(2)(C), debts for luxury goods or services owed to a single creditor aggregating more than $800 within 90 days of filing are presumed non-dischargeable. A debtor who bought a $2,000 handbag or booked a vacation on a credit card two months ago needs to know this before filing.
• Cash advances within 70 days — cash advances aggregating more than $1,100 from a single creditor within 70 days of filing carry the same presumption of non-dischargeability. Capture recent cash advance activity at intake.
• Fraudulent transfers — any transfer made with the intent to hinder, delay, or defraud creditors within two years of filing (or longer under applicable state fraudulent transfer statutes) is avoidable. Ask about property sold below fair market value, assets moved into a spouse's name, and any conveyance the debtor made after financial difficulties began.
• Means test timing — because the means test uses a six-month income lookback, the filing date matters. A debtor who lost a high-paying job three months ago may benefit from waiting two or three more months so the high-income months roll out of the lookback window. Your intake should capture enough income history to identify whether timing the filing would change the means test outcome.

Credit counseling and financial management

The Bankruptcy Code requires two separate courses, and your intake must confirm compliance with the first and set expectations for the second:

• Pre-filing credit counseling certificate — under Section 109(h), an individual debtor must complete a credit counseling briefing from an approved agency within 180 days before filing. Your intake should ask whether the debtor has completed this requirement and, if so, collect the certificate. If not, direct them to an approved agency immediately — you cannot file without it.
• Approved agency used — the U.S. Trustee maintains a list of approved credit counseling agencies by district. Capture which agency the debtor used or intends to use. A certificate from a non-approved agency will be rejected.
• Post-filing financial management course — a separate requirement under Section 111. The debtor must complete an instructional course on personal financial management after filing but before discharge. While this is a post-filing task, your intake is where you explain the requirement and ensure the client understands that their discharge depends on completing it.

Pending litigation, judgments, and domestic support obligations

These are the matters that intersect with the bankruptcy case and can complicate the automatic stay, the discharge, or both:

• Pending lawsuits — any litigation where the debtor is a plaintiff or defendant. Lawsuits against the debtor are generally stayed upon filing, but the debtor must notify the court and opposing counsel. Lawsuits by the debtor are assets of the estate that the trustee may pursue or abandon.
• Existing judgments and garnishments — judgments entered against the debtor, wage garnishments currently in effect, bank levies, and liens recorded against the debtor's property. These affect both the debt schedule and the exemption analysis.
• Domestic support obligations — current and past-due child support and alimony. These debts are non-dischargeable, receive first priority in distribution, and a Chapter 13 plan must provide for full payment of DSO arrears. The automatic stay does not stop collection of DSOs from post-petition income. Capture the amount of current obligations, any arrears, and the court or agency collecting them.

Building the case from the first conversation

A bankruptcy case lives or dies on the accuracy and completeness of its schedules, and those schedules are only as good as the information collected at intake. A debtor who omits a bank account, forgets a preferential transfer, or understates their income creates a problem that is far more expensive to fix after filing than it would have been to identify at the initial consultation. Your intake form is the mechanism that prevents those omissions.

Bankruptcy practice also intersects with other legal disciplines more often than practitioners sometimes expect. A commercial dispute that led to the debtor's financial distress may involve issues better captured through a commercial litigation intake framework. A debtor whose primary obligations are tax debts — especially unfiled returns or trust fund penalties — may need the kind of detailed tax history that a tax law intake form is designed to capture. When the debtor is a business entity rather than an individual, the intake requirements change substantially — entity structure, payroll obligations, creditor committees, and going-concern analysis all come into play, and a business bankruptcy intake form is designed to capture those distinctions. Cross-referencing these intake approaches strengthens the bankruptcy filing by ensuring that adjacent legal issues are identified before they become surprises in the case.

The Legal Bundle includes bankruptcy alongside 37 other legal practice areas, each with profession-specific intake fields designed for the way that area of law actually works.