ChatGPT Prompts for Bankruptcy Attorneys: Petitions, Plans, Claims
Bankruptcy attorneys help clients navigate financial distress through Chapter 7, 13, 11, or 12 proceedings. The work demands precise petition preparation, claim analysis, plan drafting, and court appearances. AI prompts can accelerate the document-heavy work of bankruptcy practice.
Below are production-ready ChatGPT prompts for bankruptcy attorneys. These are adapted from Skillent's Legal AI Prompt Library.
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1. Bankruptcy Intake Questionnaire
Role: You are a bankruptcy attorney conducting client intake.
Chapter being considered: [7 / 11 / 13], client type: [individual / business]
Task: Create a comprehensive intake questionnaire.
Sections:
1. Personal information (name, address, SSN placeholder, driver's license)
2. Financial overview (monthly income, monthly expenses, assets overview, debts overview)
3. Income history (last 7 months of gross income — for means test)
4. Real estate (all properties — address, ownership, value, mortgages, liens)
5. Personal property (vehicles, bank accounts, retirement, household goods, jewelry, etc.)
6. Debts (all creditors — name, address, account number placeholder, balance, monthly payment, secured/unsecured)
7. Priority debts (taxes, child support, student loans — with details)
8. Recent financial transactions (payments to creditors, transfers, asset sales in last 2 years)
9. Business interests (if any — entity, ownership %, value)
10. Prior bankruptcies (when, chapter, discharge received?)
11. Legal proceedings (pending lawsuits, garnishments, judgments)
12. Co-debtors (any debts with co-signers)
Format: Numbered intake questionnaire with bankruptcy-specific flags.
Include: Means test data requirements — last 6 months of pay stubs, annual income vs. median.
2. Means Test Calculation Worksheet
Role: Bankruptcy attorney performing the Chapter 7 means test.
Client: [household size], [state], [county], [income source]
Input: [Last 6 months of gross income by source — wages, self-employment, rental, other]
Task: Calculate Chapter 7 means test.
Step 1 — Current Monthly Income (CMI):
1. Sum last 6 months of income ÷ 6 = CMI
2. Annualize: CMI × 12 = Annualized Income
3. Compare to state median for household size (reference current IRS median income table)
4. If annualized income < median → presumption does not arise → eligible for Ch. 7
Step 2 — If above median (presumption arises):
5. Calculate disposable monthly income (DMI) using IRS expense standards:
- National standards (food, clothing, household supplies, personal care, miscellaneous)
- Local standards (housing and transportation by region)
- Other necessary expenses (taxes, mandatory payroll deductions, healthcare, childcare, etc.)
6. DMI = CMI − allowed expenses
7. If DMI × 60 < $[threshold] → no presumption of abuse
8. If DMI × 60 ≥ $[threshold] and DMI ≥ $[monthly threshold] → presumption of abuse → Ch. 7 may be dismissed or converted
Format: Complete means test worksheet with all calculations shown.
Include: If presumption arises, explain Ch. 13 as alternative (5-year plan required).
Petition Preparation
3. Voluntary Petition Draft
Role: Bankruptcy attorney preparing a Chapter 7 voluntary petition.
Debtor: [individual/business name], district: [bankruptcy court]
Task: Draft the voluntary petition information sheet.
Elements:
1. Debtor name(s) and any aliases
2. All addresses used in last 3 years
3. County of residence (determines venue)
4. Location of principal assets (if business)
5. Debtor type (individual, corporation, partnership, LLC)
6. Chapter filed: 7
7. Filing fee amount
8. Statistics: Number of creditors, assets, liabilities, and estimated ranges
9. Prior bankruptcy filings (last 8 years — chapter and discharge status)
10. Pending bankruptcy filing by business partner/affiliate
11. Identification of any pending lawsuits, garnishments, or foreclosures
12. Certification of credit counseling completion (must have certificate before filing)
13. Employer identification number or SSN placeholder
Format: Official Form 101 data preparation.
Include: Required exhibits (list of creditors holding 20 largest claims, statement of SSN, etc.).
4. Schedules Drafting Checklist
Role: Bankruptcy attorney preparing bankruptcy schedules.
Task: Create a comprehensive schedule preparation checklist.
Schedules:
A/B — Property:
- Real estate (all — primary residence, investment, vacant land — with value and liens)
- Personal property (vehicles, household goods, jewelry, bank accounts, cash, deposits, stock, bonds, retirement, intellectual property, business interests, causes of action, etc.)
C — Property claimed exempt (with exemption statute citation for each item)
D — Creditors holding secured claims (mortgage, car loan, judgment liens, tax liens)
E — Creditors holding unsecured priority claims (taxes, domestic support, deposits)
F — Creditors holding unsecured nonpriority claims (credit cards, medical, personal loans)
G — Executory contracts and unexpired leases
H — Co-debtors (any debts with co-signers)
I — Current monthly income (individual debtor)
J — Current monthly expenses (individual debtor)
Summary of schedules
Declaration regarding schedules (signed under penalty of perjury)
For each schedule: Data needed, common errors, verification method
Format: Schedule preparation checklist with status tracking.
Include: Exemption research note — verify state exemption list (some states allow federal exemptions, some require state).
5. Statement of Financial Affairs
Role: Bankruptcy attorney preparing the Statement of Financial Affairs.
Debtor: [individual], period: [1-2 years before filing]
Task: Prepare the SOFA data.
Questions to address (Official Form 107):
1. Gross income from employment or business (last 2 full years + YTD)
2. Income from other sources (interest, dividends, rental, royalties — last 2 years)
3. Payments to creditors (>$600 in last 90 days — list each)
4. Payments to insiders (family, business partners — last 1 year)
5. Lawsuits, garnishments, attachments, and executions (last 1 year)
6. Repossessions and foreclosures (last 1 year)
7. Assignments and receiverships
8. Gifts and contributions (>$600 in last 2 years)
9. Losses (fire, theft, gambling — last 1 year)
10. Payments related to debt counseling or financial education
11. Safe deposit boxes
12. Closed financial accounts (last 1 year)
13. Setoffs (last 90 days)
14. Property held for another person
15. Property transferred (last 2 years)
16. Environmental issues (if applicable)
17. Business (if self-employed — income and expense statement)
Format: Complete SOFA preparation checklist with data requirements.
Include: Common mistakes — incomplete creditor payments list, missing transfers to family, omitting closed accounts.
Chapter 13 Plan
6. Chapter 13 Plan Draft
Role: Bankruptcy attorney drafting a Chapter 13 plan.
Debtor: [name], [income], [debts summary], [applicable commitment period: 3 or 5 years]
Task: Draft a Chapter 13 plan.
Plan sections:
1. Plan term (36 or 60 months — based on income vs. median)
2. Plan payments (monthly amount, payment source, who pays)
3. Administrative claims (trustee fee, attorney fees, US trustee fee)
4. Priority claims (taxes, domestic support — paid in full)
5. Secured claims:
- Mortgage arrears (cured through plan, ongoing payments outside plan)
- Vehicle loans (cramdown if applicable — pay secured value, not loan balance)
- Other secured debts (payment through plan or outside plan)
6. Unsecured nonpriority claims (dividend % — typically 0-100% depending on disposable income)
7. Special provisions (cramdown, lien strip if permitted, surrender of collateral)
8. Execution (how payments are made — wage deduction or direct)
9. Compliance certifications
Format: Chapter 13 plan ready for filing (check local form requirements).
Include: Best interests of creditors test analysis (unsecured must receive at least what they'd get in Ch. 7 liquidation).
Note: Verify local rules — many districts have model plans that must be used.
7. Lien Avoidance Motion
Role: Bankruptcy attorney preparing a motion to avoid a judicial lien.
Debtor: [name], lien holder: [name], lien amount: [amount]
Property: [address], equity: [value minus mortgages], claimed exemption: [amount and statute]
Task: Draft a motion to avoid judicial lien.
Legal basis: 11 U.S.C. § 522(f) — avoid judicial lien that impairs exemption
Analysis:
1. Is the lien a judicial lien? (obtained by judgment, levy, or attachment)
2. Is the property exempt? (identify exemption being protected)
3. Calculate impairment:
- Without lien: equity minus exemption = unimpaired amount
- With lien: equity minus exemption minus lien = impaired amount
- If lien reduces exemption, it's impairing and can be avoided
4. Avoidance scope (avoid to extent of impairment — may be partial avoidance)
Format: Motion with notice of hearing, proposed order.
Include: Service requirements — lien holder must be served and have opportunity to object.
Creditor Claims & Adversary Proceedings
8. Proof of Claim Review
Role: Bankruptcy attorney reviewing proofs of claim for a debtor.
Input: [List of filed claims — creditor, amount, secured/unsecured/priority, basis, documentation]
Task: Review claims for accuracy and identify objections.
For each claim:
1. Claim amount — matches debtor's records?
2. Claim classification — secured, priority, or general unsecured? Correct?
3. Interest, fees, penalties — are they disallowed post-petition? (stops at filing date)
4. Documentation — sufficient evidence of debt?
5. Standing — does claimant have right to claim? (especially mortgage servicer)
6. Duplicate claims — same debt filed by multiple parties?
7. Late claims — filed within bar date?
8. Dischargeable vs non-dischargeable — properly classified?
9. Secured claim — is lien valid and perfected?
10. Priority claim — is priority status correct? (taxes — what years, assessed within 240 days?)
Claims to object: List with specific objection basis
Format: Claim review summary with objection recommendations.
Include: Objection deadline and bar date verification.
9. Adversary Proceeding Complaint Draft
Role: Bankruptcy attorney drafting an adversary complaint.
Proceeding type: [dischargeability / non-dischargeability / preference / fraudulent transfer / claim objection]
Debtor/Defendant: [name], Plaintiff: [name]
Task: Draft adversary complaint.
Structure:
1. Caption (bankruptcy court, case number, adversary proceeding number placeholder)
2. Introduction (who is filing and why)
3. Jurisdiction and venue (28 U.S.C. 1334, 28 U.S.C. 1409)
4. Parties (identify debtor, plaintiff, defendant)
5. Factual allegations (numbered paragraphs — one fact per paragraph)
6. Count I: [Cause of action — e.g., 11 U.S.C. 523(a)(2) — false pretenses]
- Elements of claim
- Facts supporting each element
7. Count II: [if multiple claims]
8. Prayer for relief (specific relief requested)
9. Jury demand (if applicable — bankruptcy courts may not have jury authority)
10. Signature and verification
Format: Court-ready adversary complaint.
Include: Summons preparation instructions and service requirements.
10. Preference Action Analysis
Role: Bankruptcy attorney analyzing potential preference claims.
Chapter: [11 — business debtor], look-back period: [90 days or 1 year for insiders]
Input: [List of payments to creditors in look-back period — creditor, amount, date, relationship]
Task: Analyze potential preference claims.
For each payment:
1. Transfer of debtor's property (yes/no)
2. To or for benefit of creditor (yes/no)
3. On antecedent debt (was debt incurred before transfer? yes/no)
4. Made while debtor insolvent (presumed insolvent within 90 days pre-petition)
5. Made within 90 days of filing (or 1 year for insiders)
6. Creditor received more than in Chapter 7 liquidation
Defenses to analyze:
7. Contemporaneous exchange (intended to be contemporaneous?)
8. Ordinary course of business (was payment ordinary in terms, timing, amount?)
9. New value (did creditor extend new credit after payment?)
10. Subsequent new value (credit extended after transfer that remains unpaid)
Format: Preference analysis with estimated recovery for each claim.
Include: Cost-benefit analysis — is litigation economically viable? (filing fees, attorney time vs. recovery).
341 Meeting & Administration
11. 341 Meeting Preparation Guide
Role: Bankruptcy attorney preparing client for the 341 meeting of creditors.
Chapter: [7 / 13], client: [individual / business]
Task: Create a 341 meeting preparation guide.
Topics:
1. What the 341 meeting is (meeting of creditors, not court hearing, trustee runs it)
2. Who attends (debtor, attorney, trustee, creditors may attend but often don't)
3. Typical questions (varies by chapter):
- General: Name, address, reviewed schedules, signatures genuine, all assets listed?
- Income: Any changes since filing? Any expected windfalls?
- Assets: Any asset you forgot to list? Any property given away?
- Debts: Any debt incurred since filing? Any creditors you omitted?
- Tax refund: Expecting a refund? Who gets it?
- Support: Paying child support? Current?
- Business: If self-employed — recent income, receivables, pending contracts?
4. Documents to bring (ID, SSN card, pay stubs, bank statements, tax returns)
5. What NOT to do (don't guess — say "I don't know, I'll check", don't volunteer extra information, don't argue)
6. After the meeting (what to expect — trustee report, potential follow-up)
Format: Client preparation guide, 2-3 pages.
Tone: Reassuring, clear, practical.
Include: Typical timeline — meeting is usually 10-15 minutes, most creditors don't attend.
12. Discharge Planning Memo
Role: Bankruptcy attorney preparing discharge planning for client.
Chapter: [7 / 13], pending issues: [list — objections, reaffirmations, motions]
Task: Create a discharge planning memo.
Pre-discharge checklist:
1. All schedules filed and accurate? (any amendments needed?)
2. Financial management course completed? (post-filing debtor education certificate)
3. Tax returns filed? (must be current to receive discharge)
4. Reaffirmation agreements:
- Which debts are being reaffirmed? (vehicle typically)
- Reaffirmation hearing required? (if pro se or court finds undue hardship)
- Is reaffirmation in client's best interest? (can they afford the payment?)
5. Motion to redeem (if applicable — paying secured value in lump sum to keep collateral)
6. Objections to discharge — any filed? Any anticipated?
7. Non-dischargeable debts reminder:
- Student loans (unless undue hardship — very high standard)
- Recent taxes (within 3 years of assessment)
- Domestic support obligations
- Debts from fraud/intentional injury (if creditor files adversary)
- Personal injury from DUI
8. Rebuilding credit:
- When to start (immediately after discharge)
- Secured credit card recommendation
- Credit report monitoring (verify discharged debts show $0)
- 2-year timeline for mortgage (FHA/VA/Conventional post-bankruptcy waiting periods)
Format: Discharge planning memo for client file.
Include: Post-discharge client letter template — what to expect, what debts are gone, what remains, how to rebuild.
Best Practices for Bankruptcy AI Prompts
1. Never input actual SSNs, account numbers, or financial details — use placeholders throughout
2. Always specify the bankruptcy chapter — Ch. 7, 11, 13, and 12 have fundamentally different rules and procedures
3. Include the district — local rules vary by bankruptcy district. Check local forms and procedures
4. Verify exemption amounts — bankruptcy exemptions vary by state and change periodically. Always verify current amounts
5. Review all means test calculations — the means test is strictly construed. Any calculation error can lead to dismissal. Always double-check
For more legal resources, see our AI prompts for family law attorneys and our AI prompts for corporate counsel.
How to Use These Prompts Effectively
Integrating AI prompts into legal practice requires care and intentionality. Here's a framework for using these prompts safely and effectively:
1. Protect Client Confidentiality
This is the single most important rule. Before using any AI tool, understand how it handles your input. Does it store your data? Does it use it for training? Can you opt out? Many tools allow you to disable training on your inputs — verify this setting before entering any case details. When in doubt, use placeholders for client names, addresses, case numbers, and sensitive facts. You can always replace placeholders with real details in the final document.
2. Start with the Prompt, Then Customize
Each prompt above is a template. The first run gives you a structure. The second run — with your specific facts, jurisdiction, and practice area — gives you a usable draft. The third run — refined based on what the second run produced — gives you a polished product. Plan for iteration.
3. Verify Every Citation, Statute, and Deadline
AI tools can and do fabricate legal citations. They may cite cases that don't exist, misstate the holding of a real case, or cite an outdated version of a statute. Every citation in AI-generated output must be verified against a primary source — Westlaw, Lexis, Fastcase, or the relevant government website. This is non-negotiable. A fabricated citation in a court filing is a professional malpractice issue, not a technology issue.
4. Use AI for Structure, Not Strategy
AI is excellent at generating document structures, checklists, issue lists, and first-draft language. It is not good at making strategic judgment calls — whether to settle, how to frame a negotiation position, what a specific judge is likely to do. Use AI to accelerate the mechanical work. Reserve strategic decisions for the attorney.
5. Build Practice-Specific Prompt Libraries
Save the prompts that work for your practice area. Document the inputs that produced the best output. Share effective prompts with colleagues. Over time, your firm can develop a prompt library that captures institutional knowledge and helps new associates get up to speed faster. This is a competitive advantage.
Why These Prompts Matter for Legal Practice
Legal practice is document-intensive. Attorneys spend a significant portion of their time drafting — motions, briefs, memoranda, contracts, opinion letters, client communications, and court filings. While strategic judgment is the core value attorneys provide, the mechanical work of document production consumes hours that could be better spent on analysis, client counseling, and case strategy.
AI prompts address this imbalance. A well-structured prompt can produce a first draft of a motion in minutes. A checklist prompt can ensure that no issue is missed in a complex transaction. A memo prompt can organize scattered facts into a coherent analysis framework. The time saved isn't just efficiency — it's capacity for higher-value work.
The legal profession has been slower than some industries to adopt AI tools, and for good reason. The stakes are high — malpractice, confidentiality breaches, and ethical violations are real risks. But the tools have matured, and the prompts in this guide are designed with those risks in mind. Used properly — with confidentiality protections, citation verification, and attorney review — AI prompts can meaningfully improve both the quality and efficiency of legal practice.
For more legal prompts across practice areas, explore the full Skillent Legal Prompt Library.
Common Mistakes to Avoid with Legal AI Prompts
Legal professionals adopting AI tools face unique risks. Here are the most common — and most consequential — mistakes we've seen attorneys make when starting to use AI prompts in their practice.
Mistake 1: Trusting AI Citations Without Verification
This is the most dangerous mistake a lawyer can make with AI. AI tools can and do generate fake citations — case names that sound plausible, reporter citations in the correct format, and even short summaries of holdings that read convincingly. But the cases may not exist. Submitting a brief with a fabricated citation is not just embarrassing — it's a violation of professional responsibility rules that can lead to sanctions, malpractice claims, and disciplinary action. Every citation in AI-generated output must be independently verified against a primary source. No exceptions.
Mistake 2: Inputting Confidential Client Information
Entering client names, case facts, financial details, or strategic plans into an AI tool without understanding how that tool handles data is a potential confidentiality breach. Rule 1.6 of the Model Rules of Professional Conduct requires attorneys to protect client confidences. If an AI tool stores input data, uses it for training, or could expose it through a security vulnerability, using it with real client information may constitute a confidentiality violation. Use placeholders. Verify the tool's data policy. When in doubt, don't input it.
Mistake 3: Using AI for Legal Advice Instead of Legal Drafting
AI tools are good at generating document structures, first-draft language, checklists, and issue lists. They are not good at providing legal advice — making judgment calls about strategy, evaluating the strength of a case, predicting how a judge will rule, or determining the best course of action for a client. Using AI for legal advice rather than legal drafting leads to generic, potentially incorrect guidance that doesn't account for the specific facts, jurisdiction, and strategic context of the client's situation. AI is a drafting tool, not a decision-maker.
Mistake 4: Failing to Disclose AI Use When Required
Some jurisdictions now require attorneys to disclose their use of AI tools to clients or courts. Some courts have standing orders requiring disclosure of AI-assisted filings. Failing to comply with these requirements — whether they come from the court, the state bar, or the firm's own policies — can lead to sanctions and ethical violations. Know your jurisdiction's rules about AI use disclosure before you start using these prompts.
Mistake 5: Not Customizing Prompts for the Jurisdiction
Legal rules vary dramatically by jurisdiction. A prompt designed for federal court practice won't account for state-specific procedural rules. A prompt written for New York practice won't reflect California community property law. A prompt for a Chapter 7 bankruptcy won't include local rule variations. Every prompt must be customized for the specific jurisdiction — federal vs. state, which state, which district, which court. Using a generic prompt without jurisdictional customization produces output that may be legally incorrect for your specific court.
Mistake 6: Over-Reliance on AI for Ethics Calls
AI tools can help identify potential ethical issues — conflicts of interest, confidentiality concerns, competence questions. But the ultimate responsibility for ethical compliance rests with the attorney. AI cannot make ethics decisions for you. If a prompt output suggests that something might be an ethical issue, treat it as a flag for further investigation, not as a definitive ruling. Consult your state's ethics rules, your firm's ethics counsel, or your state bar's ethics hotline for authoritative guidance.
Quick Start Guide: Your First Week with Legal AI Prompts
If you're new to using AI prompts in your legal practice, here's a practical week-one plan:
Day 1-2: Practice with Non-Client Matters
Start with prompts that don't involve real client data. Try the document review checklist with a sample contract. Try the memo outline prompt with a hypothetical fact pattern. The goal is to understand the prompt structure, see the quality of output, and calibrate your expectations before using AI with real client matters.
Day 3-4: Integrate into a Low-Risk Workflow
Pick a task that's document-intensive but low-risk — maybe a research memo outline, a discovery checklist, or a first-draft client letter. Use the relevant prompt to generate a first draft. Then complete the task as you normally would, comparing the AI-assisted version to your traditional approach. This will show you where AI helps, where it falls short, and how to integrate it without compromising quality.
Day 5: Customize and Document
Take the prompt you used during the week and customize it for your practice area, your jurisdiction, and your firm's standard formats. Document what worked and what didn't. Save the customized prompt. Review your jurisdiction's AI ethics guidance and your firm's AI use policy. This becomes the foundation for responsible AI use in your practice going forward.
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