Bankruptcy

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.

Understanding Official Form 106Dec: Declaration About an Individual Debtor’s Schedules

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.

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.

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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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