UNITED STATES BANKRUPTCY COURT
DISTRICT OF ARIZONA
In re:
[DEBTOR FULL LEGAL NAME]
SSN: -*-[____]
and, if applicable,
[JOINT DEBTOR FULL LEGAL NAME]
SSN: -*-[____]
Debtor(s).
Chapter 13
Case No. ___ (to be assigned)
VOLUNTARY PETITION & CHAPTER 13 PLAN
(District of Arizona – Comprehensive Template)
[// GUIDANCE: This single template integrates (i) the core elements of Official Form 101 (Voluntary Petition), (ii) the District of Arizona Model Chapter 13 Plan required by Local Rule 2084-4, and (iii) accompanying declarations and certifications. Practitioners should cross-check all information against the most current Bankruptcy Rules, Official Forms, and District of Arizona Local Bankruptcy Rules (“LBR”).]
TABLE OF CONTENTS
- Document Header
- Definitions
- Voluntary Petition – Operative Provisions
- Statements, Declarations & Certifications
- Chapter 13 Plan (Model – District of Arizona)
- Representations & Warranties
- Covenants & Restrictions (Debtor Duties)
- Default & Remedies
- Risk Allocation
- Dispute Resolution & Jurisdiction
- General Provisions
- Execution Blocks & Notarial Acknowledgment
1. DOCUMENT HEADER
1.1 Court & Caption. See above.
1.2 Effective Date. This Petition and Plan (“Petition” or “Plan,” collectively, this “Document”) shall become effective upon filing with the Clerk of the United States Bankruptcy Court for the District of Arizona (“Court”) on [FILING DATE].
1.3 Governing Authority. Relief is sought under Chapter 13 of the Bankruptcy Code, 11 U.S.C. §§ 1301–1330, and the Federal Rules of Bankruptcy Procedure (“Fed. R. Bankr. P.”).
2. DEFINITIONS
The following capitalized terms are used throughout this Document:
“Administrative Claim” – A claim entitled to priority under 11 U.S.C. § 503(b).
“Automatic Stay” – The injunction arising under 11 U.S.C. § 362 upon filing the Petition.
“Case” – The above-captioned Chapter 13 bankruptcy case.
“Confirmation Order” – The order of the Court confirming the Plan in accordance with 11 U.S.C. § 1325 and LBR 2084-13.
“Debtor” – The individual(s) identified in the caption seeking relief under Chapter 13.
“Disposable Income” – Income calculated under 11 U.S.C. § 1325(b)(2).
“Projected Disposable Income” – Disposable Income projected over the applicable commitment period under 11 U.S.C. § 1325(b)(1)(B).
“Plan Term” – The period, not to exceed 60 months, during which Plan payments are made.
“Secured Creditor” / “Unsecured Creditor” – As defined in 11 U.S.C. §§ 506(a) & 101(5).
“Trustee” – The standing Chapter 13 trustee appointed for this Case.
[// GUIDANCE: Add or delete defined terms to fit case complexity. Cross-reference capitalized terms exactly.]
3. VOLUNTARY PETITION – OPERATIVE PROVISIONS
3.1 Election of Chapter. The Debtor hereby elects relief under Chapter 13 of Title 11, United States Code.
3.2 Prior Bankruptcy Cases.
a. Cases filed within last 8 years: [YES/NO].
b. Details (Court, Case No., Disposition, Filing Date): [______].
3.3 Venue & Eligibility.
a. Residence in Arizona within 180 days pre-petition: [YES]
b. Regular income (11 U.S.C. § 109(e)): [YES]
c. Noncontingent, liquidated, unsecured debts <$465,275 and secured debts<$1,395,875: [YES]
*Insert current § 109(e) dollar limits in effect on filing date.
3.4 Nature of Debts. Check one:
☐ Consumer ☐ Business ☐ Mixed
3.5 Statistical/Administrative Information (Official Form 101, Part 1).
a. Estimated number of creditors: []
b. Estimated assets: $[]
c. Estimated liabilities: $[___]
3.6 Certification re Credit Counseling. Debtor completed an approved course [date] OR qualifies for temporary waiver under 11 U.S.C. § 109(h)(3)/(4). Certificate attached as Exhibit A.
3.7 Filing Fee.
a. ☐ Paid in full with Petition.
b. ☐ Application to pay in installments (Official Form 103A) attached.
c. ☐ Application for fee waiver (Official Form 103B) attached (if applicable).
4. STATEMENTS, DECLARATIONS & CERTIFICATIONS
4.1 Schedules & Statement of Financial Affairs (SOFA). Debtor shall file Schedules A/B–J and the SOFA (Official Form 107) within 14 days after the Petition date in compliance with Fed. R. Bankr. P. 1007(b) & (c).
4.2 Verification. Each Debtor declares under penalty of perjury that the information provided in the Petition, Schedules, and SOFA is true and correct to the best of their knowledge, information, and belief.
4.3 Attorney Disclosure. Attorney for Debtor (if any) shall file a Disclosure of Compensation pursuant to 11 U.S.C. § 329 and Fed. R. Bankr. P. 2016(b).
5. CHAPTER 13 PLAN (MODEL – DISTRICT OF ARIZONA)
[// GUIDANCE: Sections 5.1-5.15 track the mandatory “Arizona Model Plan” (LBR 2084-4, Appendix B). Numbering aligns with the local form for ease of review. Modify ONLY within the permissible fill-in areas; structural changes require trustee/court approval.]
5.1 Plan Payments
a. Payment Schedule: Debtor shall pay to Trustee the sum of $[MONTHLY PAYMENT] per month for [__] months, for a total base amount of $[TOTAL].
b. First payment due 30 days after Petition date (11 U.S.C. § 1326(a)(1)).
c. Payments to be made by:
☐ Wage Order (recommended) ☐ Direct ACH ☐ Cashier’s Check/Money Order
5.2 Administrative Expenses
- Trustee’s statutory fee under 28 U.S.C. § 586(e).
- Debtor’s attorney fees: $[AMOUNT] total; $[RETAINER] paid pre-petition, balance to be paid as an administrative claim.
5.3 Domestic Support Obligations (“DSO”)
a. Current DSO payable to: [NAME] – monthly amount $[____].
b. Arrearage claim: $[____] to be paid [priority/secured].
5.4 Secured Claims
Insert separate subsections for each secured creditor:
Creditor: [LENDER]
• Collateral: [2018 Toyota Camry]
• Allowed Secured Claim: $[____]
• Interest Rate: [____]% (Till–compliant)
• Monthly Payment via Trustee: $[____] for [__] months, then $[____].
(Repeat as necessary.)
5.5 Executory Contracts & Leases
☐ Assumed ☐ Rejected ☐ Modified
Details: [____]
5.6 Unsecured Priority Claims (e.g., taxes)
IRS $[_]
AZ DOR $[_]
Total $[____] – to be paid in full pursuant to § 1322(a)(2).
5.7 General Unsecured Claims
Pot plan/percentage: [____]% OR $[____] to be distributed pro rata after higher-priority claims satisfied.
5.8 Vesting of Property of the Estate
Property of the estate shall vest in the Debtor upon ☐ Confirmation ☐ Discharge.
5.9 Liquidation Analysis (“Best Interest Test,” § 1325(a)(4))
Net non-exempt property value: $[____]. This Plan provides not less than that amount to unsecured creditors.
5.10 Feasibility (§ 1325(a)(6))
Disposable Income per Schedule J: $[____] >= Plan payment: $[____] ☐ Yes ☐ No (If No, attach explanation and documentation).
5.11 Certification Regarding Mortgage Modifications (if applicable)
☐ Debtor is participating in a Mortgage Modification Mediation Program. Terms incorporated upon approval.
5.12 Additional Plan Provisions (Non-Standard)
[Insert ONLY those non-standard provisions permitted by LBR 2084-4(b)(6). Place each in bold type and reference here.]
5.13 Plan Length & Early Payoff
The Plan Term shall not exceed 60 months. Debtor may prepay at any time without penalty; however, early payoff will not relieve Debtor of paying the greater of the pool amount or the liquidation value.
5.14 Tax Refunds
Debtor shall ☐ contribute ☐ retain tax refunds exceeding $[AMOUNT] annually.
5.15 Plan Confirmation Hearing
Set pursuant to LBR 2084-13: [DATE], [TIME], Courtroom [___].
6. REPRESENTATIONS & WARRANTIES
6.1 Accuracy of Information. Debtor represents that all financial information provided to the Trustee and the Court is complete, true, and correct.
6.2 Good-Faith Filing. Debtor warrants that this Petition is filed in good faith and not for purposes of delay or abuse of the bankruptcy process (11 U.S.C. § 1325(a)(3)).
6.3 No Recent Transfers or Debts Incurred. Except as disclosed in the SOFA, Debtor has not transferred property or incurred significant debt within 90 days pre-petition.
6.4 Compliance with Means Test. If applicable, Debtor has completed Form 122C-1 & 2 and meets the requirements of 11 U.S.C. § 707(b)(2) as incorporated by § 1325(b).
[// GUIDANCE: Attach any needed disclosure schedules as Exhibits B–D.]
7. COVENANTS & RESTRICTIONS (DEBTOR DUTIES)
7.1 Timely Plan Payments. Debtor shall commence and maintain payments per Section 5.1.
7.2 Post-Petition Obligations. Debtor shall remain current on all post-petition domestic support and direct-pay secured obligations (e.g., mortgages where payments are made outside the Plan).
7.3 Documents to Trustee. Debtor shall provide to the Trustee:
a. Most recent two years of federal/state tax returns not later than 7 days before the § 341 meeting;
b. Proof of current income (paystubs) covering 60 days pre-petition;
c. Proof of insurance for any collateral securing debt;
d. Any additional documents requested by the Trustee under LBR 2084-6.
7.4 Changes in Circumstances. Debtor shall promptly (within 14 days) notify the Trustee and file amended Schedules of any material change in income, employment, or expenses.
7.5 Prohibition on Additional Debt. Debtor shall not incur credit obligations exceeding $1,000 without prior Trustee consent, except for emergency medical or family necessities.
8. DEFAULT & REMEDIES
8.1 Events of Default. The following constitute a default under this Plan:
a. Failure to make any Plan payment within 30 days of its due date;
b. Failure to remain current on post-petition direct-pay secured debts;
c. Failure to comply with Trustee requests under Section 7.3;
d. Failure to file required tax returns by applicable deadlines.
8.2 Notice & Cure. Upon default, Trustee or affected creditor shall serve written notice on Debtor and counsel. Debtor shall have 21 days to cure unless extended by Court order.
8.3 Trustee Remedies. If default is not timely cured, Trustee may file a motion to dismiss or convert the Case under 11 U.S.C. § 1307(c).
8.4 Creditor Remedies. Secured creditors may seek relief from the Automatic Stay (11 U.S.C. § 362(d)) upon notice and hearing if Debtor fails to comply with Plan terms.
8.5 Attorney Fees & Costs. In any contested matter arising from Debtor default, reasonable attorney fees and costs shall be allowed as administrative expenses upon Court approval.
9. RISK ALLOCATION
9.1 Indemnification. Not applicable (bankruptcy context).
9.2 Limitation of Liability. Debtor’s liability to creditors shall, upon completion of Plan payments and entry of discharge, be limited to the obligations set forth in the confirmed Plan.
9.3 Force Majeure. In the event of job loss, medical emergency, or other material hardship, Debtor may move to modify the Plan under 11 U.S.C. § 1329.
10. DISPUTE RESOLUTION & JURISDICTION
10.1 Governing Law. This Case is governed by the Bankruptcy Code, Federal Rules of Bankruptcy Procedure, and the Local Bankruptcy Rules for the District of Arizona.
10.2 Exclusive Jurisdiction. The Bankruptcy Court for the District of Arizona shall retain exclusive jurisdiction over all matters arising under, in, or related to this Case.
10.3 Arbitration. Not applicable; bankruptcy matters are core proceedings (28 U.S.C. § 157(b)).
10.4 Jury Trial. Jury trials are generally unavailable in core bankruptcy proceedings; any right to a jury is hereby knowingly and voluntarily waived to the extent permitted by law.
10.5 Injunctive Relief. The Automatic Stay of 11 U.S.C. § 362 is acknowledged as automatic injunctive relief binding all creditors upon filing of the Petition.
11. GENERAL PROVISIONS
11.1 Amendment & Modification. This Plan may be modified before or after Confirmation under 11 U.S.C. § 1323 or § 1329, respectively, upon notice and hearing.
11.2 Severability. If any provision herein is invalidated, the remaining provisions shall remain in full force and effect.
11.3 Successors & Assigns. The rights and obligations of the parties shall bind and benefit their respective successors and permitted assigns.
11.4 Integration/Merger. This Document, including all attached Exhibits and Schedules, constitutes the entire agreement and supersedes all prior understandings regarding its subject matter.
11.5 Counterparts & Electronic Signatures. This Document may be executed in multiple counterparts, each of which shall be deemed an original. Signatures transmitted via electronic means shall be deemed effective as original signatures under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. §§ 7001 et seq.).
12. EXECUTION BLOCKS & NOTARIAL ACKNOWLEDGMENT
12.1 Debtor(s)
[DEBTOR NAME], Debtor Date: //_____
[JOINT DEBTOR NAME], Joint Debtor Date: //_____
12.2 Attorney for Debtor
[ATTORNEY NAME], Esq.
Bar No. [_]
[FIRM NAME]
[ADDRESS]
Phone: [_] Email: [_]
Date: //__
12.3 Verification by Notary (if required under local practice for self-represented debtors)
State of Arizona )
County of _) ss.
On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared ____, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to this Document, and acknowledged executing the same for the purposes therein contained.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Attach the following as separate PDF-fillable addenda when filing electronically (ECF):
• Exhibit A – Credit Counseling Certificate
• Exhibit B – Payment Advices Cover Sheet (LBR 2084-5)
• Exhibit C – Means Test Calculation (Form 122C-1/2)
• Exhibit D – Real Property Questionnaire (if applicable)
Ensure each exhibit uses the exact local form version current on the filing date.]
END OF DOCUMENT