VOLUNTARY PETITION & CHAPTER 13 PLAN
(ALABAMA TEMPLATE – FOR ATTORNEY USE ONLY)
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE [] DISTRICT OF ALABAMA
Case No. [_____] (Chapter 13)
Debtor(s):
• [DEBTOR FULL LEGAL NAME]
• [JOINT DEBTOR FULL LEGAL NAME] (if applicable)
Date of Filing: [MM/DD/YYYY]
Counsel for Debtor(s): [LAW FIRM / BAR NO.]
[// GUIDANCE: Use this template in conjunction with (1) Official Form 101 “Voluntary Petition for Individuals Filing for Bankruptcy,” (2) the Official Bankruptcy Schedules, and (3) the district-specific Local Form Chapter 13 Plan (Northern, Middle, or Southern District of Alabama). This document provides a defensively drafted, attorney-customizable overlay that addresses representations, covenants, default remedies, and other sophisticated provisions not captured in the Official Forms. Adjust numbering to align with the local plan if you integrate the sections.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Petition for Relief
3.2 Chapter 13 Plan Terms
3.2.1 Plan Payments
3.2.2 Distribution Scheme
3.2.3 Secured Claims Treatment
3.2.4 Priority Claims Treatment
3.2.5 General Unsecured Claims Treatment
3.2.6 Executory Contracts & Unexpired Leases
3.3 Conditions Precedent - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Voluntary Petition & Chapter 13 Plan (the “Petition & Plan”) is submitted by the above-captioned debtor(s) (collectively, the “Debtor”) pursuant to chapter 13 of title 11 of the United States Code, 11 U.S.C. §§ 101–1532 (the “Bankruptcy Code”). Subject to confirmation by the United States Bankruptcy Court for the [___] District of Alabama (the “Court”), the Debtor proposes the following Plan for the adjustment of debts.
2. DEFINITIONS
For purposes of this Petition & Plan, capitalized terms shall have the meanings set forth below. Defined terms apply equally to singular and plural forms.
“Administrative Claim” – A claim entitled to priority under 11 U.S.C. § 503(b).
“Applicable Commitment Period” – The period defined in 11 U.S.C. § 1325(b)(4).
“Automatic Stay” – The injunction arising under 11 U.S.C. § 362 upon the filing of the Petition.
“Claim” – Any right to payment, or right to an equitable remedy for breach of performance, as defined in 11 U.S.C. § 101(5).
“Confirmation Date” – The date on which the Court enters an order confirming this Plan under 11 U.S.C. § 1325.
“Disposable Income” – Same meaning as in 11 U.S.C. § 1325(b)(2).
“Plan Payment” – The periodic payment the Debtor is obligated to remit to the Trustee under Section 3.2.1.
“Priority Claim” – A claim entitled to priority under 11 U.S.C. § 507(a).
“Secured Claim” – A claim secured by a lien on property of the estate or by the right of setoff, as defined in 11 U.S.C. § 506.
“Trustee” – The duly appointed and acting Chapter 13 trustee for this case.
[// GUIDANCE: Add any additional defined terms your district’s plan requires, e.g., “Conduit Mortgage Payments,” “Cram-Down,” “Surrender,” etc.]
3. OPERATIVE PROVISIONS
3.1 Petition for Relief
3.1.1 Voluntary Petition. By executing the signature block below, the Debtor voluntarily petitions for relief under Chapter 13 of the Bankruptcy Code and submits to the jurisdiction of the Court for all purposes arising under or related to this case.
3.1.2 Venue & Eligibility. Venue is proper and the Debtor is eligible for relief under 11 U.S.C. § 109(e).
3.1.3 Exclusivity of Chapter 13. The Debtor elects Chapter 13 and certifies that no prior bankruptcy case was dismissed within the preceding 180 days for cause under 11 U.S.C. § 109(g).
3.2 Chapter 13 Plan Terms
3.2.1 Plan Payments
a. Commencing not later than 30 days after the Petition Date, the Debtor shall pay the Trustee $[MONTHLY_PAYMENT] per month for [TERM] months, yielding an aggregate base of $[PLAN_BASE] (“Base Amount”).
b. Payments shall be made by: ☐ Payroll deduction ☐ Direct ACH ☐ Money order.
[// GUIDANCE: Confirm that the payment commencement date and method comply with AL district trustee guidelines. In many cases, wage-deduction orders are mandatory absent Court waiver.]
3.2.2 Distribution Scheme
Unless otherwise ordered, the Trustee shall disburse funds in the following order of priority:
1. Trustee compensation under 28 U.S.C. § 586(e).
2. Allowed Administrative Claims.
3. Domestic support obligations.
4. Other Priority Claims.
5. Secured Claims as provided in Section 3.2.3.
6. Non-priority Unsecured Claims pro rata.
3.2.3 Secured Claims Treatment
a. Retention of Collateral & Cure
Creditor: [SECURED CREDITOR 1]
Collateral: [DESCRIPTION]
Allowed Secured Claim: $[_]
Interest Rate: [_] % (Till v. SCS standard)
Monthly Conduit Payment: $[]
b. Cram-Down / 11 U.S.C. § 506 Valuation
Creditor: [SECURED CREDITOR 2]
Collateral Value: $[_]
Secured Portion: $[]; Unsecured Portion: $[_].
c. Surrender
Creditor: [SECURED CREDITOR 3]; Collateral surrendered effective upon confirmation.
[// GUIDANCE: Insert separate subsections for each secured creditor. Northern District of Alabama requires use of its “Fixed Interest Rate” chart—update accordingly.]
3.2.4 Priority Claims Treatment
Holder: [IRS / ALABAMA DEPARTMENT OF REVENUE / DSO] – Amount: $[____]; Interest (if any): __ %.
3.2.5 General Unsecured Claims Treatment
Allowed non-priority unsecured claims will receive not less than $[PERCENTAGE_OR_LIQUIDATED_AMOUNT] of such claims, or no less than the amount required by 11 U.S.C. § 1325(a)(4) (best-interest-of-creditors test), whichever is greater.
3.2.6 Executory Contracts & Unexpired Leases
The Debtor ☐ assumes ☐ rejects the following:
• [LEASE/CONTRACT NAME] – Cure of $[____] to be paid via Trustee.
All executory contracts not affirmatively assumed are deemed rejected on the Confirmation Date.
3.3 Conditions Precedent
Confirmation of this Plan is expressly conditioned upon:
a. The Debtor’s certification that all pre-petition domestic support obligations are current;
b. Filing of all required tax returns for the four taxable years preceding the Petition Date; and
c. Payment of the initial Plan Payment prior to, or at, the § 341 meeting of creditors.
4. REPRESENTATIONS & WARRANTIES
4.1 Truthfulness. The Debtor represents, warrants, and declares under penalty of perjury that the information in the Schedules, Statements, and this Plan is true and correct to the best of the Debtor’s knowledge.
4.2 Good Faith. The Petition & Plan is filed in good faith and not by any means forbidden by law, satisfying 11 U.S.C. § 1325(a)(3).
4.3 Ability to Perform. The Debtor represents that the projected Disposable Income is sufficient to make all Plan Payments and to comply with 11 U.S.C. § 1325(b).
5. COVENANTS & RESTRICTIONS
5.1 Payment Covenant. The Debtor shall make all Plan Payments timely and in full.
5.2 Tax Compliance. The Debtor shall file all post-petition federal, state, and local tax returns as they come due and provide copies to the Trustee upon request.
5.3 Insurance. The Debtor shall maintain insurance on all property subject to a lien, naming the lienholder as loss payee where required.
5.4 Post-Petition Debt. The Debtor shall not incur credit exceeding $[___] without Court approval, except for ordinary household or emergency medical expenses.
5.5 Notice of Change. Within 14 days of any change in address, employment, or income, the Debtor shall file notice with the Court and serve the Trustee.
6. DEFAULT & REMEDIES
6.1 Events of Default.
a. Failure to make any Plan Payment within 30 days of the due date;
b. Failure to comply with Section 5 covenants;
c. Material misrepresentation in any filed document;
d. Conversion or dismissal of the case.
6.2 Notice & Cure. Upon default, any party in interest may serve written notice on the Debtor and counsel. The Debtor shall have 21 days to cure prior to the filing of a motion to dismiss or lift stay.
6.3 Remedies. If uncured, the Court may:
i. Dismiss the case;
ii. Convert the case to Chapter 7;
iii. Grant relief from the Automatic Stay; or
iv. Order such other relief as is just and proper.
6.4 Attorney Fees & Costs. Reasonable fees and costs incurred in enforcing this Plan may be allowed as Administrative Claims upon Court approval.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable (per metadata).
7.2 Limitation of Liability. The liability of the Debtor to holders of Allowed Claims is capped at the lesser of (a) the amounts payable under this confirmed Plan, or (b) the proceeds available under Chapter 7 liquidation, consistent with 11 U.S.C. § 1325(a)(4).
7.3 Force Majeure. If the Debtor suffers a material and involuntary loss of income or catastrophic expense, the Debtor may seek Plan modification under 11 U.S.C. § 1329.
8. DISPUTE RESOLUTION
8.1 Governing Law. The Bankruptcy Code, Federal Rules of Bankruptcy Procedure, and, to the extent not inconsistent, the laws of the State of Alabama.
8.2 Exclusive Forum. The Court retains exclusive jurisdiction over all matters arising under, in, or related to this case.
8.3 Arbitration. Not available.
8.4 Jury Waiver. To the extent a jury trial right exists, the Debtor voluntarily waives the same for matters within the Court’s core jurisdiction.
8.5 Injunctive Relief. The parties acknowledge the continuing effect of the Automatic Stay under 11 U.S.C. § 362 and any discharge injunction under 11 U.S.C. § 524.
9. GENERAL PROVISIONS
9.1 Amendment & Modification. This Plan may be modified pre-confirmation pursuant to Fed. R. Bankr. P. 3015(c) and post-confirmation pursuant to 11 U.S.C. § 1329, upon notice to all affected parties and Court approval.
9.2 Assignment. Rights and obligations hereunder are non-assignable except as permitted by the Bankruptcy Code.
9.3 Successors & Assigns. The provisions of a confirmed Plan bind the Debtor, each creditor, and any successor or assignee of such parties.
9.4 Severability. If any provision is determined unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.
9.5 Integration. This Petition & Plan, together with the Official Forms and any amendments approved by the Court, constitutes the entire agreement among the parties.
9.6 Electronic Signatures. Signatures transmitted by facsimile or approved electronic filing constitute originals for all purposes under applicable law and local rules.
9.7 Local Rules Incorporated. All provisions of the Alabama [Northern/Middle/Southern] District Local Bankruptcy Rules and standing orders governing Chapter 13 cases are incorporated by reference as though fully set forth herein.
10. EXECUTION BLOCK
Debtor Declaration (pursuant to 28 U.S.C. § 1746):
I declare under penalty of perjury that the foregoing is true and correct.
Date: __ ______
[DEBTOR NAME], Debtor
Date: __ ______
[JOINT DEBTOR NAME], Joint Debtor (if any)
Counsel Certification:
Date: __ ______
[ATTORNEY NAME], Esq.
Counsel for Debtor(s)
[Firm Name] | [Bar No.] | [Address]
Phone: [] | Email: []
[// GUIDANCE: Alabama does not require notarization of bankruptcy petitions; signatures are verified under penalty of perjury. If using remote electronic signatures, ensure compliance with General Order 2020-03 or any superseding local order.]
End of Template
© 2025 – Prepared for professional legal use. Adapt and validate against current federal and Alabama district-specific requirements before filing.