MASTER TEMPLATE
CHAPTER 13 VOLUNTARY BANKRUPTCY PETITION & PLAN
United States Bankruptcy Court – District of Colorado
[// GUIDANCE: This template is intended as a drafting aid for Colorado practitioners. It consolidates the key Official Bankruptcy Forms, Local Bankruptcy Rules (“L.B.R.”) requirements, and standing Chapter 13 trustee practices into a single, logically-organized document. It does NOT replace the mandatory national and local forms; rather, it gives attorneys a court-ready working paper that can be split into the requisite filings (e.g., Official Form 101, Schedules A/B–J, Statement of Financial Affairs, and the Local Form Chapter 13 Plan). Confirm all data with the most recent Official Forms and L.B.R. updates before filing.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions (Consolidated Petition Data)
IV. Representations & Warranties
V. Covenants & Restrictions (Plan Commitments)
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block & Verifications
I. DOCUMENT HEADER
1.1 Title.
“Voluntary Petition for Individuals Filing for Bankruptcy Under Chapter 13 – District of Colorado” (“Petition”).
1.2 Debtor Identification.
a. Primary Debtor: [DEBTOR FULL LEGAL NAME]
b. Joint Debtor (if any): [CO-DEBTOR FULL LEGAL NAME]
c. All Prior Names/DBAs during past 8 years: [ALIAS LIST]
d. Social Security / ITIN (submit on Official Form 121 only): [REDACTED XXX-XX-____]
e. Street Address: [DEBTOR RESIDENCE]
f. County of Residence: [COUNTY] (Colorado)
1.3 Counsel for Debtor(s).
Firm: [LAW FIRM NAME] • Lead Attorney: [ATTORNEY NAME], Esq. • CO Bar # [BAR NO.]
Address: [FIRM ADDRESS] • Phone: [PHONE] • Email: [EMAIL]
1.4 Petition Date & Case Number.
Filed on: [MM/DD/YYYY] • Case No.: [to be assigned by Clerk]
1.5 Jurisdiction & Venue.
Filed pursuant to 28 U.S.C. §§ 1334(a) & 1408; venue proper in the District of Colorado.
1.6 Recitals.
A. Debtor(s) seek relief under Chapter 13 of Title 11, United States Code (the “Bankruptcy Code”) to reorganize personal debts while retaining assets.
B. Debtor(s) have completed credit counseling as required by 11 U.S.C. § 109(h).
C. Debtor(s) submit this Petition, Schedules, Statements, and Chapter 13 Plan in conformity with the Federal Rules of Bankruptcy Procedure (“Fed. R. Bankr. P.”) and the Local Bankruptcy Rules for the District of Colorado (“L.B.R.”).
II. DEFINITIONS [Alphabetical]
“Automatic Stay” – the injunction imposed by 11 U.S.C. § 362 upon filing of the Petition.
“Bankruptcy Court” – the United States Bankruptcy Court for the District of Colorado.
“Chapter 13 Plan” or “Plan” – the repayment plan submitted under § 1321 and L.B.R. 3015-1, attached hereto as Exhibit A.
“Code” – Title 11 of the United States Code.
“Confirmation Hearing” – the hearing scheduled under § 1324 and L.B.R. 3015-1.
“Creditor” – any entity holding a claim as defined in § 101(5).
“Petition Date” – the date the Clerk files this Petition.
“Trustee” – the standing Chapter 13 trustee appointed for this case ([STANDING CHAPTER 13 TRUSTEE NAME]).
[Add additional defined terms as needed.]
III. OPERATIVE PROVISIONS
3.1 Voluntary Petition Data (Official Form 101 cross-reference).
1. Chapter Election: Chapter 13.
2. Nature of Debts: ☒ Primarily Consumer ☐ Business
3. Estimated Number of Creditors: [SELECT RANGE]
4. Estimated Assets / Liabilities: [SELECT RANGE]
5. Prior Bankruptcy Cases (8 yrs): [LIST or “None”]
3.2 Statement Concerning Credit Counseling.
Certificate of completion dated [MM/DD/YYYY] from [COUNSELING AGENCY] attached as Exhibit B.
3.3 Schedules & Summary (Official Forms 106 A/B through J-2).
a. Real Property Schedule A/B totals: $[AMOUNT]
b. Personal Property Schedule A/B totals: $[AMOUNT]
c. Secured Claims Schedule D totals: $[AMOUNT]
d. Unsecured Priority Schedule E/F totals: $[AMOUNT]
e. Unsecured Non-Priority Schedule E/F totals: $[AMOUNT]
3.4 Chapter 13 Plan Fundamentals.
• Plan term: [36/60] months.
• Monthly Plan Payment: $[PAYMENT] commencing [FIRST DUE DATE].
• Trustee disbursement method: [ACH WITHHOLDING / DIRECT PAY].
• Treatment of secured claims, executory contracts, priority debts, and non-priority unsecured class as detailed in Sections [##] of the Plan (Exhibit A).
3.5 Colorado-Specific Addenda.
• L.B.R. 3015-1 Verified Statement (re: disposable income & liquidation analysis) attached as Exhibit C.
• Standing Trustee’s “Domestic Support Obligation Checklist” attached as Exhibit D, if applicable.
• Local Form Notice of Confirmation Hearing (L.B.F. 3015-1.5) to be separately filed within 14 days.
IV. REPRESENTATIONS & WARRANTIES
4.1 Debtor(s) represent, warrant, and certify that:
a. All information provided herein and in the accompanying Schedules, Statements, and Plan is true, correct, and complete to the best of their knowledge, information, and belief.
b. Debtor(s) have not intentionally concealed assets or liabilities.
c. Debtor(s) are eligible for Chapter 13 relief under §§ 109(e), 101(30), and 521(a).
d. Debtor(s) will file all required tax returns and provide copies to the Trustee no later than seven (7) days before the § 341 meeting.
e. Debtor(s) are current on post-petition domestic support obligations or will cure them through the Plan.
4.2 Survival. The above representations and warranties shall survive confirmation and remain effective until discharge.
V. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants.
a. Make all Plan payments timely to the Trustee at the address designated by the Trustee.
b. Cooperate with the Trustee, including furnishing requested financial information.
c. Remain current on all post-petition domestic support and tax obligations.
d. File annual income and expense statements (Fed. R. Bankr. P. 4002).
5.2 Negative Covenants (without Trustee or Court approval).
a. No incurrence of post-petition debt exceeding $[THRESHOLD] other than ordinary household expenses.
b. No sale, transfer, or encumbrance of property outside the ordinary course.
c. No modification of secured debt terms except as set forth in the Plan.
5.3 Notice & Cure. Debtor(s) shall have ten (10) days after written notice from the Trustee or affected Creditor to cure any default under this Article.
VI. DEFAULT & REMEDIES
6.1 Events of Default.
a. Failure to remit any Plan payment within thirty (30) days of due date.
b. Material misrepresentation in any filed document.
c. Failure to comply with a Court order.
6.2 Remedies.
a. Trustee may move to dismiss or convert under § 1307(c).
b. Secured Creditors may seek relief from the Automatic Stay under § 362(d).
c. Upon dismissal or conversion, revesting of property shall occur pursuant to Plan Section [##].
6.3 Attorney Fees & Costs. If the Court grants relief for default, reasonable attorney fees and costs may be added to the Creditor’s claim subject to § 506(b) and Court approval.
VII. RISK ALLOCATION
7.1 Indemnification. Not applicable—no party is providing indemnity herein.
7.2 Limitation of Liability. Debtor(s)’ liability to unsecured non-priority creditors is capped at the aggregate distribution provided under the confirmed Plan (“Plan Payments”), subject to § 1328.
7.3 Force Majeure. Should a material adverse change (e.g., job loss, serious illness) impair ability to fund the Plan, Debtor(s) may seek Plan modification (§ 1329) or a hardship discharge (§ 1328(b)).
7.4 Insurance. Debtor(s) shall maintain continuous insurance on real and personal property pledged as collateral for secured claims.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. The Bankruptcy Code, Fed. R. Bankr. P., and the Local Bankruptcy Rules for the District of Colorado govern this case.
8.2 Forum Selection. Exclusive jurisdiction lies with the United States Bankruptcy Court for the District of Colorado.
8.3 Arbitration. Not available—core bankruptcy matters are non-arbitrable.
8.4 Jury Waiver. To the extent a jury trial right might exist in any related proceeding, Debtor(s) knowingly and voluntarily waive such right, subject to bankruptcy court authority and 28 U.S.C. § 157(e).
8.5 Injunctive Relief. The Automatic Stay under § 362 provides immediate injunctive relief upon filing.
IX. GENERAL PROVISIONS
9.1 Amendments & Waivers. Any amendment to the Plan or Schedules must comply with § 1323/§ 1329 and L.B.R. procedures. No informal waiver is valid unless approved by the Court.
9.2 Assignment. Debtor(s) may not assign rights or obligations hereunder.
9.3 Successors & Assigns. The obligations of Debtor(s) bind their heirs, executors, administrators, and permitted assigns.
9.4 Severability. If any provision is unenforceable, the remaining provisions remain in full force, subject to the Bankruptcy Code.
9.5 Entire Agreement. This Petition, Schedules, Statements, and Plan constitute the complete agreement among Debtor(s), subject to further orders of the Court.
9.6 Counterparts / Electronic Signatures. This Petition may be executed in counterparts; electronic signatures shall be deemed originals under the Court’s ECF Administrative Procedures and Fed. R. Bankr. P. 5005.
X. EXECUTION BLOCK & VERIFICATIONS
Executed under penalty of perjury on [DATE].
[DEBTOR NAME], Debtor
[JOINT DEBTOR NAME], Joint Debtor (if any)
Debtor(s)’ Counsel Certification:
I certify that I have informed the Debtor(s) of the relief available under each chapter of the Bankruptcy Code and that I have delivered to the Debtor(s) the Notice required by 11 U.S.C. § 342(b).
[ATTORNEY NAME], Esq.
Attorney for Debtor(s)
NOTARY ACKNOWLEDGMENT (only if required for local real-property recording issues)
State of Colorado )
County of [_] ) ss.
Subscribed and sworn before me this ___ day of _, 20_, by ________.
Notary Public
My Commission Expires: _______
EXHIBIT A – CHAPTER 13 PLAN (Local Bankruptcy Form 3015-1.4)
[Insert the District of Colorado model plan language here, preserving section numbering; include placeholders for treatment of claims, valuation of collateral, and non-standard provisions.]
EXHIBIT B – CREDIT COUNSELING CERTIFICATE
[Attach PDF of certificate.]
EXHIBIT C – VERIFIED STATEMENT OF DISPOSABLE INCOME & LIQUIDATION ANALYSIS
[Insert L.B.R. 3015-1 compliant form.]
EXHIBIT D – DOMESTIC SUPPORT OBLIGATION CHECKLIST (if applicable)
[Attach Trustee form.]
[// GUIDANCE: File Exhibits separately in CM/ECF using the correct event codes. Always review the Standing Chapter 13 Trustee’s current policies for payment addresses, conduit mortgage requirements, and pre-confirmation adequate-protection disbursements.]
Copyright © [YEAR] [LAW FIRM NAME]. All rights reserved. Prepared for attorney use only; not legal advice to any person absent an express engagement agreement.