CHAPTER 13 BANKRUPTCY PETITION

Arkansas – Eastern & Western Districts
(“Court”)

[// GUIDANCE: This template is intentionally over-inclusive. Delete any section that is unnecessary for the facts of a particular case. Confirm all local‐form requirements and electronic-filing conventions for the division in which the case will be filed. //]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
    A. Voluntary Petition (Official Form 101)
    B. Creditor Matrix & Verification
    C. Schedules A/B–J (Official Forms 106A/B–106J-2)
    D. Statement of Financial Affairs (Official Form 107)
    E. Chapter 13 Statement of Current Monthly Income & Calculation of Commitment Period (Official Forms 122C-1 & 122C-2)
    F. Chapter 13 Plan (Local Form 13)
    G. Payment Advices Certification
    H. Certificate of Credit Counseling
    I. Domestic Support Obligation Notice
IV. Declarations (Representations & Warranties)
V. Covenants & Continuing Duties of Debtor
VI. Default & Remedies
VII. Risk Allocation & Disclaimers
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Case No.: [To be assigned by Clerk]
2. In re: [DEBTOR 1 Legal Name] and, if applicable, [DEBTOR 2 Legal Name] (collectively, “Debtor”)
3. Chapter 13 Petition under 11 U.S.C. §§ 1301–1330 (“Code”) filed in the United States Bankruptcy Court for the Eastern/Western District of Arkansas (“Court”).
4. Effective Date: Upon filing with the Clerk of Court.
5. Jurisdiction & Venue: Proper under 28 U.S.C. §§ 1334(a) & 1408.

II. DEFINITIONS

“Automatic Stay” – the injunction arising under 11 U.S.C. § 362.
“Bankruptcy Rules” – the Federal Rules of Bankruptcy Procedure (“Fed. R. Bankr. P.”).
“Code” – Title 11 of the United States Code.
“Confirmation Order” – the order entered by the Court confirming the Plan under § 1325.
“Plan” – the Chapter 13 plan attached hereto as Section III-F.
“Standing Trustee” – the Chapter 13 trustee assigned by the U.S. Trustee for this District.
[Add additional defined terms as needed.]

III. OPERATIVE PROVISIONS

A. Voluntary Petition—Official Form 101

[PLACEHOLDER: Insert completed Form 101. Ensure that every field complies with Official Form instructions. Signature must be ink-signed or conform to LRS 5005‐4 digital signature rule.]

B. Creditor Mailing Matrix & Verification

1. Attach PDF/text-searchable creditor matrix per AR LBR 1007-1(a).
2. File accompanying Verification of Creditor Matrix.
   [// GUIDANCE: Matrix must be uploaded as a separate .txt file when filing electronically. //]

C. Schedules A/B–J

[PLACEHOLDER: Completed schedules listing all property, liabilities, income, and expenses.]
• Declare exemptions under Ark. Const. art. 9 or opt for federal exemptions under § 522(d).
• Double-check homestead/wildcard caps.

D. Statement of Financial Affairs—Official Form 107

[PLACEHOLDER: Completed Form 107.]

E. Chapter 13 Statement of Current Monthly Income—Official Forms 122C-1 & 122C-2

[PLACEHOLDER: Completed median-income test forms. Verify Arkansas median numbers per current Census Bureau table effective on filing date.]

F. Chapter 13 Plan—Local Form 13

[The Eastern and Western Districts of Arkansas require Local Form 13; do not use the national Form 113.]

1. Plan Term: ___ months [36–60].
2. Payment: $___ per month to Standing Trustee beginning ___ days after petition date.
3. Administrative Claims
    a. Attorney’s Fee: $___; balance paid through Plan at ___ % (if “no-look,” comply with LBR 2016-3).
    b. Trustee’s Statutory Commission: per § 586.
4. Secured Claims
    a. Real Property:
     • Creditor: [NAME]; Collateral: [ADDRESS]; Arrearage $; Interest ___ %; Treatment: [Cure & Maintain § 1322(b)(5) / Cramdown § 1325(a)(5)].
    b. Motor Vehicle:
     • Creditor: [NAME]; Collateral: [MAKE/MODEL/YEAR]; Balance $; Value $___; Interest ___ %.
5. Domestic Support Obligations (“DSO”) – specify ongoing and arrears with payee name & address.
6. Priority Claims—§ 507(a) taxes, etc.
7. Unsecured Non-Priority Pool: ___ % dividend OR pot of $___ minimum.
8. Executory Contracts/Leases—assume/reject list.
9. Vesting: Property of the estate shall [remain property of the estate / revest in Debtor] upon Confirmation.
10. Plan Feasibility Certificate: See attached Schedule J surplus.
11. Non-Standard Plan Provisions (must be listed in Section 4 of Local Form).
    [// GUIDANCE: Any deviation from standardized language MUST be set out under the “Non-Standard Provisions” caption or it is void. //]

G. Payment Advices Certification

[PLACEHOLDER: Certification per § 521(a)(1)(B)(iv) and AR LBR 1007-1(c).]

H. Certificate of Credit Counseling

[PLACEHOLDER: Certificate date must be within 180 days pre-petition; include § 109(h)(3) waiver if necessary.]

I. Domestic Support Obligation Notice

Required under § 521(a)(2)(B). Serve on DSO payee and state child-support agency (AR Office of Child Support Enforcement).

IV. DECLARATIONS (REPRESENTATIONS & WARRANTIES)

1. Debtor declares under penalty of perjury (28 U.S.C. § 1746) that all information contained in the Petition, Schedules, Statements, and Plan is true and correct to the best of Debtor’s knowledge, information, and reasonable belief.
2. Debtor is eligible to be a debtor under § 109(e) (unsecured debts <$465,275; secured debts <$1,395,875—adjust numbers to current statutory adjustment).
3. Debtor has completed a credit-counseling briefing as required by § 109(h).
4. Debtor has not, within the preceding 180 days, been a debtor in a case dismissed for willful failure to appear or comply with court orders (§ 109(g)).
5. Debtor will file tax returns and provide copies to the Standing Trustee as required by § 521(f).

V. COVENANTS & CONTINUING DUTIES OF DEBTOR

1. Timely Plan Payments: Debtor shall commence payments within 30 days after the petition date (§ 1326(a)(1)).
2. Support Obligation Compliance: Debtor must remain current on post-petition DSO payments (§ 1325(a)(8)).
3. Post-Petition Tax Filings: Debtor shall file all federal and state tax returns as they come due and furnish copies to the Trustee (§ 521(j)).
4. Insurance: Debtor shall maintain insurance on all collateral subject to a security interest; loss-payee clauses in favor of secured creditors.
5. Periodic Reporting: Debtor shall promptly notify the Trustee of any change in address, employment, or income exceeding 10 % in aggregate.

VI. DEFAULT & REMEDIES

1. Payment Default
    a. Definition: Failure to tender any Plan payment within ___ days of due date.
    b. Cure Period: 15 days after written notice from Trustee.
2. Motion to Dismiss or Convert: Upon uncured default, Trustee or any party in interest may move under § 1307(c).
3. Creditor Relief from Stay: Secured creditors may seek termination of the Automatic Stay under § 362(d) for cause, including post-petition payment default or lapse of insurance.
4. Conversion by Debtor: Debtor may convert to Chapter 7 at any time under § 1307(a) with notice to all parties.

VII. RISK ALLOCATION & DISCLAIMERS

1. Indemnification: Not applicable—this is a statutory proceeding.
2. Limitation of Liability: Debtor’s liability to creditors is governed by confirmed Plan payments and discharge provisions (§§ 1328, 523).
3. Force Majeure: Should loss of income occur due to unforeseen catastrophic events, Debtor may seek Plan modification under § 1329 or a temporary suspension under AR LBR 3015-2.
4. Attorney Disclaimer: This template is not legal advice. Practitioners must adapt to the facts and confirm all federal and local rule citations.

VIII. DISPUTE RESOLUTION

1. Governing Law: The Code, Bankruptcy Rules, and Arkansas Local Bankruptcy Rules (“LBRs”).
2. Exclusive Forum: United States Bankruptcy Court for the Eastern/Western District of Arkansas.
3. Arbitration: Not available—core proceedings under 28 U.S.C. § 157(b).
4. Jury Trial: Limited; only applicable to non-core matters where the right exists and the District Court orders withdrawal of reference.
5. Injunctive Relief: Automatic Stay under § 362 provides statutory injunctive relief.

IX. GENERAL PROVISIONS

1. Amendments: Debtor may amend Schedules, Statements, or Plan pursuant to Fed. R. Bankr. P. 1009 & 3015(c); notice as required by LBR 1009-1.
2. Waiver: Any waiver of a right under these documents must be in writing and approved by the Court.
3. Assignment: Obligations hereunder are personal to Debtor and may not be assigned.
4. Severability: If any provision herein is unenforceable, the remaining provisions shall remain in full force.
5. Integration: These filings, together with any future amended filings and the Confirmation Order, constitute the entire understanding between Debtor and creditors concerning bankruptcy treatment.
6. Electronic Signatures: Permissible under LRS 5005-4; retention of wet-ink signatures for three years.

X. EXECUTION BLOCK

DATED: __, 20___

Debtor 1: _______
[PRINT NAME]

Debtor 2 (if any): ______
[PRINT NAME]

Attorney for Debtor: ____
[STATE BAR NO.]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Signature conforms to LBR 9011-1.

Notary (only if required for local filing of verification documents):

State of __ )
County of __ )

Subscribed and sworn to before me on __, 20_

Notary Public
My Commission Expires: ______

[// GUIDANCE: File all documents electronically via CM/ECF using event codes “Voluntary Petition (Chapter 13),” “Schedules/Statements,” “Plan,” etc. Use the same docket number when uploading amended documents to ensure linking. Calendar § 341 meeting (approx. 30–45 days post-petition) and deliver tax returns to Trustee no later than 7 days prior. //]