A debtor is a person or business that owes a creditor money, goods, or services. A bankruptcy can be filed by a debtor or creditors. When a debtor starts the bankruptcy by filing a petition, it is called a "voluntary bankruptcy." If creditors of the debtor start the bankruptcy, it is called an "involuntary bankruptcy." When an involuntary bankruptcy has been filed, the debtor has an opportunity to respond to the petition and show why they should not be in bankruptcy.

Debtors that are corporations, partnerships, and business trusts cannot proceed without an attorney representing them. Only an individual can proceed in a bankruptcy case without an attorney (also known as "Pro Se").

It is important to understand that the bankruptcy process is extremely complex. Individuals are strongly encouraged to seek competent bankruptcy counsel before filing or proceeding in a bankruptcy.