The Declaration of Schedules on the Bankruptcy Petition
Professor’s Corner
By Alexander Hernandez, J.D., Professor, and Author of Consumer Bankruptcy Law (Routledge).
Updated on October 1, 2025.
Welcome to my series where I’m breaking down each section of the bankruptcy petition. Here, I’ll review the form Declaration of an Individual’s Schedules. If you’re learning about bankruptcy or planning to file on your own, I’ll guide you through every part of the bankruptcy petition and process.
Listen to the podcast.
On my blog, you’ll find links to bankruptcy courts, trustees, and explanations of exemptions, covering each state individually. There’s also a separate link for other series related to this topic. On YouTube, you’ll find a dedicated folder for bankruptcy schedules.
Understanding Official Form 106Dec: Declaration About an Individual Debtor’s Schedules
Today, we’re looking at Official Form 106Dec, the Declaration About an Individual Debtor’s Schedules. This form is straightforward, but there are some potential issues I want to highlight.
As you can see, you’ll simply fill in your district where the case is being filed. You’ll also indicate if anyone other than a lawyer helped you complete these forms.

The Risks of Using Non-Lawyer Petition Preparers
From my experience, whether it’s bankruptcy or divorce, I’ve seen many errors when paralegals or bankruptcy petition preparers handle these forms. While some states, like California, require certification for paralegals, mistakes are still common.
I understand you might want to save money by not hiring a lawyer, but bankruptcy lawyers often offer flexible payment plans. More importantly, they get it right. Bankruptcy, much like divorce, isn’t just about filling out forms; it’s about understanding the underlying issues.
Lawyers are trained to identify these issues. Anyone can download a generic marital settlement agreement or prenuptial agreement online, but the crucial part is knowing the potential problems that could arise.
I’ve always said we need to look into a “legal crystal ball.” We can read a paragraph or sentence and anticipate how it might lead to future complications. Bankruptcy is no exception.
My Experience with Non-Lawyers Preparing Bankruptcy and Divorce Forms
If you’re considering using a paralegal or a bankruptcy petition preparer, understand that in my experience, there are often significant issues. I’ve had cases where clients were close to losing their homes, and judges had to bend the rules to prevent it, all because a paralegal or bankruptcy petition preparer had done the initial work. There’s always more work involved in cleaning up a mess versus handling a case from the beginning.
If you ask 25 bankruptcy lawyers, nearly every one of them will share at least one story about something going wrong when a form filler or bankruptcy petition preparer handled the documents.
My Strong Recommendation: Consult with a Bankruptcy Lawyer
My warning to you is this: If you’re considering this path, I strongly suggest hiring a lawyer, even if it’s just to review your documents. Lawyers are trained to identify potential issues that paralegals or bankruptcy petition preparers, who cannot provide legal advice, might miss.
For example, a preparer might simply read the rules and tell you that because you haven’t used your credit cards in 90 days, you can file for bankruptcy. This isn’t necessarily true; it’s not that simple.
Similarly, while the Statement of Financial Affairs (Statement of Financial Affairs for Non-Individuals Filing for Bankruptcy, Official Form 207) only asks for transfers within the last two years, trustees often look at transactions far beyond that period, especially when allowed by state law. Yet, even inexperienced lawyers believe the threshold is only two years.

Professor Hernandez is an attorney specializing in consumer finance and debt relief. He is the published author of Consumer Bankruptcy Law (Routledge Publishing) and teaches law and finance courses in both English and Spanish for an international university.
Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. Paralegals and students who are buying single copies can do so via Amazon Books. To access my YouTube channel, click this link. You can also listen to my podcast on Spotify.
You can learn more about filing for bankruptcy and the bankruptcy petition via this link. Information on the bankruptcy court system, contact information for trustees, and your state’s exemptions can be found here. The federal bankruptcy exemptions are listed here. The latest version of the 341 Meeting of the Creditors can be found here.
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Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.
Initially updated on August 30, 2025.
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