NOTE TO PRACTITIONERS
This template is provided for general informational purposes only and is not legal advice. Filing counsel must verify all information, adapt language to the facts of the case, and ensure compliance with the Federal Rules of Bankruptcy Procedure, the Official Bankruptcy Forms, and the Local Bankruptcy Rules of the United States Bankruptcy Court for the District of Columbia (“LBR-DC”). Consult the Chapter 13 Standing Trustee’s current guidelines before use.
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re:
[DEBTOR FULL LEGAL NAME]
[Joint Debtor Full Legal Name, if any]
Debtor(s).
Chapter 13
Case No. ____ (Assigned by Clerk)
VOLUNTARY PETITION, CHAPTER 13 PLAN & RELATED DECLARATIONS
(Consolidated Drafting Template – D.C.)
[// GUIDANCE: This master template organizes the key Chapter 13 filing components in one consolidated, lawyer-friendly document. Official Forms must still be completed and filed; integrate the provisions below into Official Form 113 (National/Local Plan) and related schedules as appropriate.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions (Chapter 13 Plan Terms)
IV. Representations & Warranties of Debtor
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Schedules & Exhibits (placeholders)
I. DOCUMENT HEADER
- Title. Voluntary Petition & Chapter 13 Plan (District of Columbia).
- Debtor Identification.
a. Debtor: [NAME, SSN (last four), address].
b. Joint Debtor (if any): [NAME, SSN (last four), address]. - Effective Date. The “Effective Date” is the date on which the Court enters an order confirming this Plan.
- Jurisdiction & Statutory Authority. Relief is sought under 11 U.S.C. §§ 301(a) & 1321, and venue lies in this district pursuant to 28 U.S.C. § 1408.
- Recitals.
a. Debtor desires to obtain relief under Chapter 13 of title 11 of the United States Code (“Bankruptcy Code”).
b. Debtor submits this Plan in good faith, intending full compliance with §§ 1322 and 1325.
II. DEFINITIONS
For ease of reference, capitalized terms have the meanings set forth below.
“Administrative Claim” – A claim allowed under § 503(b) and entitled to priority under § 507(a)(2).
“Automatic Stay” – The injunction imposed by § 362(a) upon the filing of the Petition.
“Bankruptcy Code” – Title 11 of the United States Code, 11 U.S.C. §§ 101 et seq.
“Confirmation Order” – The order of the Court confirming the Plan under § 1325.
“Disposable Income” – Income as defined by § 1325(b)(2), calculated on Official Form 122C-1/-2.
“Petition Date” – The date the voluntary petition is filed.
“Plan” – This Chapter 13 plan, as may be amended and confirmed.
“Priority Claim” – A claim entitled to priority under § 507(a).
“Secured Claim” – A claim secured by a lien that is not subject to avoidance and is allowable under § 506(a).
“Trustee” – The duly-appointed Chapter 13 Standing Trustee for the District of Columbia.
[Add additional defined terms as needed.]
III. OPERATIVE PROVISIONS
(CHAPTER 13 PLAN TERMS)
A. Plan Funding & Length
1. Plan Term: [] months (36–60 as applicable).
2. Monthly Payment: $[] beginning [First Payment Due Date] and continuing each month until completion or modification. Payments shall be made by [wage-deduction order / ACH / other method] as required by Trustee guidelines.
3. Additional Lump-Sum Payments: Describe, if any (e.g., tax refunds, sale proceeds).
[// GUIDANCE: Confirm the Trustee’s acceptable payment methods and timing for the initial payment under LBR-DC.]
B. Treatment of Claims
1. Administrative Claims
a. Trustee statutory compensation as allowed under 28 U.S.C. § 586(e).
b. Debtor’s counsel fees: Total $[]; paid $[] pre-petition; balance $[] to be paid through the Plan at $[]/mo.
2. Domestic Support Obligations – Paid [direct / through Plan].
3. Secured Claims
i. Long-Term Mortgage/Real Property:
• Creditor []; collateral [Property Address]; ongoing payment $[]/mo. to be paid [direct / through Trustee].
• Arrearage $[] to be cured over Plan at $[]/mo.
ii. Motor Vehicle Claims subject to § 1325(a)(9) (“910-Day Rule”): [terms].
iii. Valuation / Cram-Down (if applicable): [Insert § 506(a) valuation language and interest rate].
iv. Adequate Protection Payments prior to confirmation: $[]/mo. commencing [].
4. Priority Claims (e.g., Taxes): To be paid in full without interest unless otherwise allowed.
5. Non-Priority Unsecured Claims – Pro rata distribution of not less than $[] or []% of allowed claims, whichever is greater, from disposable income.
6. Executory Contracts & Unexpired Leases
a. Assume: [List].
b. Reject: [List].
C. Vesting of Property
Property of the estate shall revest in Debtor upon confirmation [or upon discharge] subject to the rights of secured creditors.
D. Plan Modification & Pre-Confirmation Amendments
Debtor may modify the Plan in accordance with § 1323; post-confirmation modifications under § 1329 require court approval.
IV. REPRESENTATIONS & WARRANTIES OF DEBTOR
- Eligibility. Debtor represents eligibility to be a debtor under § 109(e) (secured/unsecured debt limits satisfied).
- Good-Faith Filing. The Petition and Plan are filed in good faith and not for purpose of delay or hindering creditors.
- Accuracy of Schedules. All Schedules, Statements, and the Means-Test Calculation are true and complete to the best of Debtor’s knowledge.
- Payment of Domestic Support. Debtor is current on post-petition domestic support obligations and will remain so during the Plan.
[// GUIDANCE: Attach Schedule I/J updates as Exhibit A if significant changes occurred post-petition.]
V. COVENANTS & RESTRICTIONS
- Continued Compliance. Debtor will timely:
a. Submit all payments due under the Plan;
b. Provide annual tax returns to the Trustee within 14 days of filing;
c. Maintain insurance on any collateral securing a debt;
d. Obtain court approval before incurring post-petition credit exceeding $[__]. - Notice of Change in Circumstances. Debtor shall notify the Trustee and affected creditors of any material change in financial condition within 14 days.
- No Transfer of Property. Absent court order, Debtor will not transfer or encumber estate property outside ordinary course.
VI. DEFAULT & REMEDIES
- Events of Default
a. Failure to make any Plan payment within 30 days of due date;
b. Dismissal or conversion of the case;
c. Material misrepresentation in filed documents. - Trustee/Creditor Remedies
a. Upon default, Trustee or affected creditor may serve written notice with a 21-day cure period.
b. If uncured, movant may seek an order dismissing the case, converting to Chapter 7, or granting relief from stay. - Attorney’s Fees & Costs. Reasonable fees incurred in enforcing the Plan after default shall constitute administrative expenses payable through the Plan.
VII. RISK ALLOCATION
- Indemnification. Not applicable (Plan payments constitute sole source of recovery).
- Limitation of Liability. Payments under the confirmed Plan cap the liability of Debtor for pre-petition claims except as otherwise provided in §§ 1328(a) & (c).
- Force Majeure. If Debtor suffers a substantial, documented hardship outside Debtor’s control (e.g., disability, natural disaster), Debtor may seek a hardship discharge under § 1328(b) or move to modify the Plan.
VIII. DISPUTE RESOLUTION
- Governing Law. Issues arising under the Bankruptcy Code are governed by federal law; non-bankruptcy issues by the laws of the District of Columbia to the extent not pre-empted.
- Forum Selection. Exclusive jurisdiction lies with the United States Bankruptcy Court for the District of Columbia.
- Arbitration. Not available.
- Jury Waiver. To the extent a right to trial by jury exists and may not be constitutionally withdrawn, Debtor knowingly waives it, subject to the Court’s availability.
- Injunctive Relief. The automatic stay under § 362 remains in effect until modified by court order, dismissal, or discharge.
IX. GENERAL PROVISIONS
- Amendment & Waiver. Any amendment of this Plan must comply with §§ 1323 or 1329 and LBR-DC; no informal waiver is effective unless in writing and approved by the Court.
- Assignment. Rights under this Plan are unique to Debtor and may not be assigned.
- Successors. The rights and obligations of creditors pass to their successors or assigns.
- Severability. If any provision is unenforceable, the remainder of the Plan remains effective.
- Integration. This Plan, the Confirmation Order, and referenced exhibits constitute the entire agreement between Debtor and creditors regarding treatment of claims.
- Counterparts & Electronic Signatures. This document may be executed in counterparts and via electronic signatures permitted by applicable local rules.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, Debtor executes and presents this Voluntary Petition & Chapter 13 Plan on the date indicated.
Date: ____
[DEBTOR NAME]
Debtor
[JOINT DEBTOR NAME]
Joint Debtor (if applicable)
Counsel Certification:
I certify that I have reviewed this Plan with the Debtor(s) and that the Plan conforms to Official Form 113 and the Local Bankruptcy Rules for the District of Columbia.
[ATTORNEY NAME] (Bar No. _____)
Counsel for Debtor(s)
[Law Firm], [Address], [Phone], [Email]
[NOTARY / UNSWORN DECLARATION if required by LBR-DC]
SCHEDULES & EXHIBITS (Placeholders)
• Exhibit A – Updated Schedule I/J (if applicable)
• Exhibit B – Domestic Support Obligation Checklist
• Exhibit C – List of Executory Contracts to be Assumed/Rejected
• Exhibit D – Valuation Worksheets for Secured Claims
• Exhibit E – Counsel Fee Disclosure (Bankr. R. 2016(b))
[// GUIDANCE: Attach only those exhibits necessary for the facts of the case. Omit unused placeholders before filing.]
END OF DOCUMENT