**UNITED STATES BANKRUPTCY COURT
DISTRICT OF ALASKA**
CHAPTER 13 VOLUNTARY PETITION & PLAN WORKING TEMPLATE
(Court-Ready Draft for Immediate Attorney Customization)
[// GUIDANCE: This template is designed as a single, integrated working draft that captures (i) the core elements of Official Form 101, (ii) the District of Alaska Local Bankruptcy Rules (“AK LBR”), (iii) the Model Chapter 13 Plan requirements of AK LBF 3, and (iv) the operative representations and covenants customarily incorporated by experienced counsel. It is not a replacement for the Official Forms that must ultimately be filed, but rather a practitioner-level drafting scaffold that ensures nothing material is overlooked while the Official Forms are compiled.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions (Petition & Plan Essentials)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block & Certifications
I. DOCUMENT HEADER
1.1 Title. “Voluntary Petition for Individuals Filing for Bankruptcy Under Chapter 13 and Proposed Chapter 13 Plan.”
1.2 Parties.
(a) Debtor 1: [LEGAL NAME], SSN: -*-[LAST 4].
(b) Debtor 2 (if joint): [LEGAL NAME], SSN: -*-[LAST 4].
(c) Chapter 13 Trustee: [NAME OF CURRENT STANDING TRUSTEE] (“Trustee”).
(d) United States Trustee Region 19.
1.3 Case Caption.
IN RE [DEBTOR(S) FULL LEGAL NAME(S)], Debtor(s).
Case No. ___ (to be assigned).
1.4 Effective Date. The “Effective Date” shall mean the date on which the Clerk enters the petition on the docket.
1.5 Jurisdiction & Statutory Authority. Relief sought pursuant to 11 U.S.C. §§ 301, 302, 1301–1330; Fed. R. Bankr. P. 1007, 3015; and AK LBR 1017-1, 3015-1. Venue proper in the District of Alaska under 28 U.S.C. § 1408.
II. DEFINITIONS
For purposes of this Petition & Plan, capitalized terms have the meanings set forth below; undefined terms carry the meanings given in the Bankruptcy Code or Rules.
“Automatic Stay” means the injunction arising under 11 U.S.C. § 362 upon the Effective Date.
“Bankruptcy Code” means Title 11 of the United States Code.
“Bankruptcy Rules” means the Federal Rules of Bankruptcy Procedure.
“Claim” and “Interest” have the meanings in 11 U.S.C. § 101(5)–(10).
“Confirmation Order” means the order of the Court confirming the Plan under 11 U.S.C. § 1325.
“Local Rules” means the Alaska Local Bankruptcy Rules (“AK LBR”).
“Model Plan” means AK LBF 3, as amended.
“Petition” means this Voluntary Petition under Chapter 13 together with all Schedules, Statements, and other required Official Forms.
“Plan” means the Chapter 13 repayment plan set forth in Section III below, as may be modified or amended and ultimately embodied in the Court-approved Model Plan form.
“Priority Claims,” “Secured Claims,” and “Unsecured Claims” have the meanings in 11 U.S.C. §§ 507, 506, 1322.
“Trustee” means the duly appointed Chapter 13 standing trustee for the District of Alaska.
III. OPERATIVE PROVISIONS
3.1 Commencement of Case
(a) Debtor voluntarily petitions for relief under Chapter 13.
(b) Debtor elects continuation of all pending Chapter 7 wage-garnishment stays (if any) under 11 U.S.C. § 301(b).
3.2 Filing Requirements
Debtor shall contemporaneously file:
1. Official Form 101 (Voluntary Petition).
2. Official Form 106 A–J (Schedules).
3. Official Form 106Dec (Declaration).
4. Official Form 107 (SOFA).
5. Official Form 113 or AK LBF 3 (Chapter 13 Plan).
6. Certificate of Credit Counseling (11 U.S.C. § 109(h)).
7. Pay Advices & Statement of Current Monthly Income (Official Form 122C-1).
[// GUIDANCE: Insert additional local forms—e.g., AK LBF 4 (Payroll Deduction Authorization)—where applicable.]
3.3 Plan Overview (conforming to AK LBF 3)
(a) Plan Term: [36/60] months from the first payment due date.
(b) Monthly Plan Payment: $[AMOUNT] payable to Trustee commencing within 30 days after filing (11 U.S.C. § 1326(a)(1)).
(c) Method: Payroll deduction order to [EMPLOYER], or direct ACH if self-employed.
(d) Distribution Waterfall (summarized):
1. Trustee statutory fee.
2. Domestic Support Obligations (“DSO”) arrears.
3. Administrative expenses (debtor’s counsel: $[FEE] flat-fee or hourly as approved).
4. Secured Claims (identify collateral & treatment).
5. Priority Claims (taxes, etc.).
6. Non-priority Unsecured Claims (pro-rata; estimated dividend __%).
(e) Interest Rate for Secured Claims: [RATE]% (Till v. SCS benchmark prime + risk factor—provide support).
(f) Vesting of Property of the Estate: [UPON CONFIRMATION / AT DISCHARGE] per 11 U.S.C. § 1327(b).
(g) Non-standard Provisions: NONE unless expressly stated in Part 8 of AK LBF 3 and checked “Included.”
3.4 Conditions Precedent
The following are conditions to confirmation:
1. Debtor is current on post-petition DSO payments.
2. Tax returns for the four (4) most recent years delivered to Trustee at least seven (7) days before § 341 meeting (AK LBR 4002-1).
3. First plan payment received by Trustee prior to confirmation hearing.
3.5 Conditions Subsequent
Failure to timely file amended schedules, provide documentation, or commence payments constitutes an Event of Default (Section VI).
IV. REPRESENTATIONS & WARRANTIES
4.1 Eligibility. Debtor’s non-contingent, liquidated, unsecured debts are less than the current Chapter 13 cap of $[PLACEHOLDER] and secured debts less than $[PLACEHOLDER] (11 U.S.C. § 109(e)).
4.2 Accuracy of Disclosures. All information in the Petition, Schedules, SOFA, and Plan is true and correct to the best of Debtor’s knowledge, information, and belief; material misstatements are subject to 18 U.S.C. §§ 152–157 penalties.
4.3 Good-Faith Filing. Petition and Plan are proposed in good faith and not by any means forbidden by law (11 U.S.C. § 1325(a)(3)).
4.4 Ability to Perform. Debtor has projected disposable income sufficient to make all payments and comply with the Plan (11 U.S.C. § 1325(a)(6)).
4.5 No Prior Discharge Bar. Debtor has not received a Chapter 13 discharge in a case filed within the preceding two (2) years, nor a Chapter 7, 11, or 12 discharge within the preceding four (4) years (11 U.S.C. § 1328(f)).
4.6 Domestic Support Obligations. All DSO information is complete and accurate; post-petition current.
Representations survive until entry of discharge or dismissal.
V. COVENANTS & RESTRICTIONS
5.1 Post-Petition Duties. Debtor shall:
(a) File all required tax returns when due;
(b) Maintain insurance on all property subject to a security interest;
(c) Provide Trustee with updated income/expense information annually or upon request (AK LBR 4002-1);
(d) Refrain from incurring consumer debt over $1,000 without Court approval;
(e) Turn over to Trustee all tax refunds received during the Plan term unless otherwise ordered.
5.2 Notice & Cure of Plan Payment Delinquency.
(a) Trustee shall serve a written “Notice of Default” upon any payment delinquency of 30 days or more.
(b) Debtor shall cure within 21 days or file a modified plan; otherwise Trustee may seek dismissal.
5.3 Sale/Refinance of Property. No sale, transfer, or refinance exceeding $2,500 in net value may occur without Court approval and notice to Trustee.
VI. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Failure to make any plan payment when due;
(b) Failure to comply with § 341 meeting requirements;
(c) Material misrepresentation in any filed document;
(d) Failure to maintain insurance on collateral;
(e) Violation of AK LBR or Court order.
6.2 Cure Periods.
(a) Monetary Defaults: 21 days after Trustee’s Notice of Default.
(b) Non-Monetary Defaults: 14 days unless otherwise ordered.
6.3 Remedies.
(a) Trustee may move for dismissal or conversion under 11 U.S.C. § 1307.
(b) Secured creditors may seek relief from stay under 11 U.S.C. § 362(d).
(c) Court may impose graduated sanctions including conversion, dismissal with prejudice, or denial of discharge.
6.4 Attorneys’ Fees & Costs.
Reasonable fees incurred by Debtor’s counsel to defend a good-faith cure or modification motion may be treated as an administrative expense under 11 U.S.C. § 503(b).
VII. RISK ALLOCATION
7.1 Indemnification. Not applicable—no indemnification obligations are created or assumed by this Petition or Plan.
7.2 Limitation of Liability. Debtor’s liability to unsecured creditors is capped at the total amount of payments required under the confirmed Plan, except as otherwise provided by 11 U.S.C. § 523(a) (non-dischargeable debts).
7.3 Force Majeure / Hardship Discharge.
(a) Debtor may seek a hardship discharge under 11 U.S.C. § 1328(b) upon proving (i) failure to complete plan payments is due to circumstances beyond Debtor’s control and not foreseeable, (ii) unsecured creditors have received at least as much as in a hypothetical Chapter 7 liquidation, and (iii) modification is not practicable.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. Federal Bankruptcy Code, Bankruptcy Rules, and AK LBR govern.
8.2 Forum Selection. United States Bankruptcy Court for the District of Alaska retains exclusive jurisdiction over all matters arising under or related to this case.
8.3 Arbitration. Inapplicable pursuant to 11 U.S.C. § 362(d) & public policy considerations; no arbitration is agreed or permitted.
8.4 Jury Trial. To the extent a right to jury trial exists in any contested matter or adversary proceeding, Debtor knowingly and voluntarily waives such right except as to any party or proceeding where such waiver is prohibited by law.
8.5 Injunctive Relief. The Automatic Stay under 11 U.S.C. § 362 shall remain in full force and effect unless modified by Court order.
IX. GENERAL PROVISIONS
9.1 Amendments & Modifications. The Petition, Schedules, or Plan may be amended in accordance with Fed. R. Bankr. P. 1009 & 3015 and AK LBR 1009-1, 3015-2.
9.2 Assignment. Rights and obligations are non-assignable except as mandated by the Bankruptcy Code.
9.3 Successors. Rights and obligations of creditors pass to permitted successors and assigns in accordance with non-bankruptcy law.
9.4 Severability. If any provision herein conflicts with the Bankruptcy Code, such provision shall be deemed modified to the minimum extent necessary to comply, and the remainder shall remain in effect.
9.5 Integration. This document, together with the Official Forms and any subsequent amendments approved by the Court, constitutes the entire agreement between Debtor and creditors regarding treatment of Claims under Chapter 13.
9.6 Electronic Signatures. Electronic signatures and /s/ designations are permitted in accordance with AK LBR 9011-1 and the Court’s CM/ECF Administrative Procedures.
X. EXECUTION BLOCK & CERTIFICATIONS
Under penalty of perjury, the undersigned declares that the information provided in this Petition & Plan is true and correct and that the filing complies with the Bankruptcy Code, Bankruptcy Rules, and AK LBR.
10.1 Debtor(s)
[DEBTOR 1 NAME], Debtor 1
Date: _______
[DEBTOR 2 NAME], Debtor 2 (if applicable)
Date: _______
10.2 Debtor’s Attorney
[ATTORNEY NAME], Esq. (AK Bar No. _)
Firm: [LAW FIRM NAME]
Address: [ADDRESS]
Telephone: [PHONE] | Email: [EMAIL]
Date: _____
Certification: I hereby certify that I have explained the provisions of the Plan to the Debtor(s) and have no knowledge of any inaccuracies in the foregoing Petition & Plan.
10.3 Verification of Creditor Matrix
The undersigned certifies that the attached Master Mailing List (Creditor Matrix) is complete, correct, and consistent with Debtor’s Schedules.
[DEBTOR 1 NAME]
Date: _______
[// GUIDANCE: Insert Notary acknowledgment only if required for local filing—AK LBR does not currently require notarization of the Petition; unsworn declarations under 28 U.S.C. § 1746 suffice.]
ATTACHMENT A – MODEL CHAPTER 13 PLAN (AK LBF 3)
[// GUIDANCE: Copy the published AK LBF 3 into this section or attach as a separate PDF. Complete Parts 1-9 consistent with Section III above, ensuring any non-standard provisions are clearly labeled in Part 8 and the “Included” box checked.]
ATTACHMENT B – PAYROLL DEDUCTION ORDER (AK LBF 4)
[EMPLOYER LEGAL NAME & ADDRESS] is hereby ordered to deduct $[AMOUNT] semi-monthly from Debtor’s wages and remit to the Chapter 13 Trustee.
ATTACHMENT C – DOMESTIC SUPPORT OBLIGATION WORKSHEET
[List obligee names, addresses, ongoing amounts, and arrearage figures.]
[// GUIDANCE: Before filing, confirm all dollar limits (11 U.S.C. § 109(e) debt caps, § 1326(b) trustee fee percentages, and IRS/local median income amounts) against the current U.S. Trustee Notices, update Trustee name if changed, and verify the most recent version of all Alaska Local Bankruptcy Forms.]