Intake Forms for Bankruptcy Attorneys: Means Test Data, Asset Inventory, and Creditor Documentation

By Daniel Akselrod · July 2026

A prospective client sits across from you and says they need to file bankruptcy. They owe “a lot of money,” they are “behind on everything,” and they want to “start over.” That is roughly the level of detail most clients arrive with. They do not know whether they qualify for Chapter 7 or Chapter 13. They do not know their total household income for the past six months. They cannot tell you how many creditors they have, let alone the account numbers, balances, and whether any of those debts are secured. They have no idea whether they transferred any assets in the past two years or gave a relative a large payment in the past 90 days.

All of that information is required before you can file a petition. The bankruptcy schedules demand exhaustive detail about every dollar of income, every asset the debtor owns, every debt they owe, and every financial transaction that might be scrutinized by the trustee. A bankruptcy intake form that captures this information at the first meeting — rather than over weeks of follow-up calls and incomplete document requests — compresses the time from consultation to filing and dramatically reduces the risk of an incomplete petition that triggers a trustee objection or a case dismissal.

Chapter classification at intake: which path is available

The threshold question in every bankruptcy case is which chapter the debtor qualifies for and which chapter best serves their goals. The intake form needs to collect enough information to make a preliminary chapter determination before the client leaves the first meeting.

• Chapter 7 vs. Chapter 13 vs. Chapter 11 — Chapter 7 is a liquidation proceeding that discharges most unsecured debts in exchange for surrendering non-exempt assets. It requires passing the means test, which compares the debtor’s income against the state median for their household size. Chapter 13 is a reorganization plan for individuals with regular income — the debtor proposes a three-to-five-year repayment plan and keeps their assets. It has debt limits: as of 2026, unsecured debts cannot exceed approximately $465,275 and secured debts cannot exceed approximately $1,395,875 (these figures adjust periodically). Chapter 11 is typically for businesses but is available to individuals whose debts exceed Chapter 13 limits. Your intake form needs to capture enough income and debt data to determine which chapters are even available.
• Previous bankruptcy filings — timing matters enormously. A debtor who received a Chapter 7 discharge cannot file another Chapter 7 for eight years from the date of the prior filing. A Chapter 13 discharge bars another Chapter 13 for two years and another Chapter 7 for six years. A prior case that was dismissed (not discharged) may have different implications depending on the reason for dismissal, particularly if the dismissal was with prejudice or with a filing bar. Your intake form should ask about every previous bankruptcy filing — chapter, case number, court, filing date, outcome (discharged, dismissed, converted), and the date of discharge or dismissal.
• Eligibility red flags — certain circumstances create complications that the intake should surface immediately. Has the debtor been denied a discharge in a prior case? Is there a pending motion to dismiss with a filing bar? Has the debtor had two or more cases dismissed within the past year (which limits the automatic stay to 30 days or eliminates it entirely)? Is the debtor a party to an ongoing lawsuit that might be affected by the filing? These are not disqualifying factors, but they require strategic decisions that should be identified at intake, not discovered during petition preparation.

Income documentation for the means test

The means test is the gatekeeper for Chapter 7 eligibility, and it requires specific income data that most clients do not have readily available. Your intake form needs to collect enough to run a preliminary means test calculation and identify what supporting documents the client needs to provide.

• Current monthly income from all sources — the means test definition of “current monthly income” (CMI) is not what the client earned last month. It is the average monthly income over the six full calendar months before the filing date, from all sources. This includes wages and salary, self-employment income, alimony and maintenance received, child support received, rental income, pension and retirement distributions, Social Security benefits (included in the calculation but excluded from the median comparison), unemployment compensation, workers’ compensation, and any other regular source of income. Your intake form should list each category separately and ask for six-month totals.
• Household size — the means test compares the debtor’s CMI against the state median income for their household size. Household size is not always straightforward. It generally includes the debtor, their spouse (even if not filing jointly), and their dependents. But the definition can include non-dependent household members who contribute to expenses and can exclude a spouse in certain separate-household situations. The intake form should capture every person living in the household, their relationship to the debtor, and whether they are a dependent.
• Six-month lookback — income is averaged over the six calendar months before the filing month. If a client’s income fluctuated significantly during that period — they lost a job three months ago, they received a severance payment, they had a seasonal business spike — the timing of the filing can determine whether they pass or fail the means test. Your intake form should capture month-by-month income, not just a lump total, so you can identify timing strategies.
• Anticipated income changes — a client who just lost their job may have artificially high six-month average income that will drop. A client who just received a raise may have an artificially low average that will rise. A client with seasonal income (construction, tourism, agriculture) may have wildly different means test results depending on which six months are captured. Documenting anticipated changes at intake helps you advise on filing timing.
• Non-filing spouse income — if the debtor is married and filing individually (not jointly), the non-filing spouse’s income is included in the means test calculation but can be offset by that spouse’s separate expenses. This is a significant factor that many clients do not anticipate. Your intake form should capture the spouse’s income even in an individual filing and note the marital expense allocation.

Asset inventory: everything the debtor owns

The bankruptcy schedules require disclosure of every asset the debtor owns or has an interest in, regardless of value or whether the debtor believes the asset is exempt. Failure to disclose an asset — even inadvertently — can result in denial of discharge, dismissal of the case, or criminal penalties for bankruptcy fraud. Your intake form needs to be exhaustive.

• Real property — home (current market value, outstanding mortgage balance, equity, property tax assessment), any other real estate (rental property, vacation home, vacant land, inherited property, timeshare), and any interest in real property (life estate, joint tenancy, tenancy in common). For each property: address, estimated value (Zillow estimate is a starting point but the trustee may require an appraisal), total liens and mortgages, and the exemption the debtor intends to claim. Homestead exemptions vary dramatically by state — from unlimited in some states to a few thousand dollars in others.
• Vehicles — year, make, model, mileage, condition, estimated value (NADA or KBB), outstanding loan balance, and the name on the title. Most states allow a vehicle exemption, but the amount varies. A debtor with a paid-off vehicle worth $15,000 in a state with a $5,000 vehicle exemption has $10,000 in non-exempt equity that a Chapter 7 trustee could liquidate. That single data point may shift the recommendation from Chapter 7 to Chapter 13.
• Bank accounts — every checking, savings, money market, and certificate of deposit account at every institution, with the current balance and the balance on the petition date. Bank account funds are often partially exempt (many states allow a cash exemption), but the debtor needs to know that the balance on the filing date is the snapshot the trustee examines. Depositing a tax refund the day before filing creates a non-exempt asset that was not there the week before.
• Retirement accounts — 401(k), 403(b), IRA, Roth IRA, pension, and other qualified retirement accounts. These are generally exempt from the bankruptcy estate under federal law (ERISA-qualified plans are fully exempt; traditional and Roth IRAs are exempt up to approximately $1.5 million combined). But the exemption requires proper documentation, and non-qualified plans (certain executive compensation arrangements, stock options, deferred compensation) may not be exempt. Your intake form should capture every retirement account with the account type, institution, and current balance.
• Personal property — furniture, electronics, jewelry (wedding rings often have a separate exemption), clothing, firearms (state-specific exemptions), tools of the trade (separate exemption in most states), art, antiques, collections, musical instruments, sporting equipment, livestock, and any other personal property of significant value. The schedules require a comprehensive list. Most household goods have minimal liquidation value, but high-value items (a Rolex, a coin collection, a boat) can create non-exempt asset problems.
• Anticipated assets — inheritances expected within 180 days of filing (these become property of the estate), pending lawsuit recoveries, tax refunds (the pro-rated portion earned pre-filing), and any other expected payments or windfalls. An inheritance that vests within 180 days of filing is property of the bankruptcy estate even if the debtor did not own it on the filing date. This is a trap for the unwary, and the intake form is where you catch it.

Debt inventory and classification

Every debt must be listed on the bankruptcy schedules with the creditor name, account number, balance, and classification. Missing a creditor means that debt may not be discharged. Your intake form needs to capture the full debt picture, organized by the classification that determines how each debt is treated in the case.

• Secured debts — debts backed by collateral. Mortgages (each mortgage with the property address, lender, balance, monthly payment, and whether the debtor is current), vehicle loans (lender, balance, monthly payment, vehicle securing the loan), and any other secured obligations (purchase money security interests in furniture or equipment, judgment liens on real property). For each secured debt, the debtor must decide whether to surrender the collateral, reaffirm the debt (keep paying and keep the property), or redeem (pay the collateral’s current value in a lump sum). These decisions should be discussed at intake.
• Unsecured priority debts — debts that are not dischargeable or that receive priority treatment in a Chapter 13 plan. Recent income taxes (taxes from the past three years are generally not dischargeable), domestic support obligations (child support and alimony, both current and arrears), student loans (presumptively non-dischargeable without an adversary proceeding showing undue hardship), and certain other priority claims. These debts must be paid in full in a Chapter 13 plan, which directly affects the plan’s feasibility and monthly payment.
• Unsecured general debts — credit cards, medical bills, personal loans, deficiency balances from repossessions, old utility bills, cell phone bills, gym memberships, and any other unsecured obligations. For each: creditor name, address, account number (the last four digits are sufficient for the petition but the full number helps match credit report entries), current balance, date of last payment, and whether the account is in collections or subject to a judgment or garnishment.
• Co-signed debts — any debt with a co-signer. The co-signer’s liability survives the debtor’s discharge. In Chapter 13, the co-debtor stay protects co-signers from collection during the plan, but only if the plan pays the debt in full. This is often a decisive factor in the Chapter 7 vs. Chapter 13 analysis when a parent co-signed a child’s car loan or student loan. Document every co-signed debt and the co-signer’s name and relationship at intake.

Expense documentation and recent transactions

The bankruptcy court scrutinizes the debtor’s expenses for reasonableness (Schedule J) and examines recent transactions for preferential transfers and fraudulent conveyances. Your intake form needs to capture both the ongoing expense picture and the transactional history that the trustee will investigate.

• Schedule J expenses — rent or mortgage payment, property taxes, homeowner’s or renter’s insurance, utilities (electric, gas, water, sewer, trash, phone, internet, cable), food, clothing, medical and dental expenses not covered by insurance, transportation (car payment, insurance, gas, maintenance, public transit), childcare, child and spousal support payments, life insurance, health insurance, charitable contributions (tithing is generally allowable), recreation, pet expenses, and any other regular expenses. The court compares actual expenses to IRS Local Standards. Expenses that significantly exceed the standards invite scrutiny.
• Recent large transactions — any transfers of property or payments to creditors in the 90 days before filing (one year for transfers to insiders — family, business partners). Payments to one creditor in excess of $600 in the aggregate during the 90-day window are presumptively preferential and the trustee can claw them back. Transfers of property for less than reasonably equivalent value within two years are potentially fraudulent conveyances. Paying off a credit card that a family member co-signed, selling a car to a relative for below market value, or gifting property to move it out of the estate are all actions that the trustee will investigate. Your intake form should ask specifically about any payments exceeding $600 to any single creditor in the past 90 days, any asset transfers in the past two years, and any payments or gifts to family members in the past year.

Pre-filing compliance requirements

Bankruptcy law imposes mandatory pre-filing requirements that your intake form should capture and track.

• Tax returns — the debtor must have filed federal and state tax returns for the four years preceding the filing. If returns are missing, they must be filed before the bankruptcy petition is filed. Your intake form should ask whether all returns are filed and current, and if not, which years are outstanding. Many clients seeking bankruptcy relief have not filed recent tax returns, and this compliance issue can delay filing by weeks or months.
• Credit counseling certificate — every individual debtor must complete an approved credit counseling course within 180 days before filing. The certificate from the approved provider must be filed with the petition. Your intake form should note whether the client has completed this requirement, and if not, direct them to an approved provider. The course is typically available online, takes about an hour, and costs approximately $25 to $50.
• Pending litigation — any lawsuits the debtor is involved in, as plaintiff or defendant, must be disclosed. Pending personal injury lawsuits are property of the estate and the recovery may be partially non-exempt. Pending collection lawsuits may include wage garnishments that the automatic stay will halt. Your bankruptcy intake form should capture every pending legal matter with the court, case number, parties, and status.
• Active garnishments and liens — wage garnishments currently in effect (creditor, amount per pay period, total garnished to date), bank levies, and judgment liens on real or personal property. The automatic stay halts these actions upon filing, but the intake form needs to document them so the attorney can prepare the necessary notices to employers and financial institutions.

Bankruptcy intake is the most document-intensive intake process in legal practice. A generic intake form that collects a name, an address, and a list of debts produces an incomplete picture that requires weeks of follow-up to fill. A profession-specific bankruptcy intake form walks the attorney through every data point the schedules require, identifies the chapter determination factors, and surfaces the compliance issues and transactional red flags at the first meeting — not two days before the filing deadline.