Bankruptcy Petition - Chapter 13

CHAPTER 13 VOLUNTARY PETITION PACKAGE

United States Bankruptcy Court – District of Delaware

Prepared for Immediate Attorney Customization

TABLE OF CONTENTS

1. Document Header (Caption)
2. Definitions
3. Voluntary Petition (Official Form 101 – Key Data Points)
4. Schedules/Summary Matrix
5. Chapter 13 Plan (Local Form 3015-1)
6. Representations, Certifications & Declarations
7. Notices, Disclosures & Attachments
8. General Provisions
9. Execution Block

1. DOCUMENT HEADER (CAPTION)

                       IN THE UNITED STATES BANKRUPTCY COURT
                               FOR THE DISTRICT OF DELAWARE

In re:                                   )   Chapter 13
                                         )
[DEBTOR 1 FULL LEGAL NAME],              )   Case No. [____-____ (___)]
        Debtor.                          )
                                         )
SSN (last 4 digits): [___]              )
                                         )
[If Joint Case]                          )
[DEBTOR 2 FULL LEGAL NAME],              )
        Joint Debtor.                    )
SSN (last 4 digits): [___]              )
________________________________________ )

Effective Filing Date: [MM/DD/YYYY]
Venue Basis: 11 U.S.C. § 1408(1) – Domicile/Residence within District of Delaware.

2. DEFINITIONS

For ease of drafting, the following capitalized terms are used throughout this template:

• “Bankruptcy Code” – Title 11 of the United States Code, 11 U.S.C. § 101 et seq.
• “FRBP” – Federal Rules of Bankruptcy Procedure.
• “Local Rules” – Delaware Local Bankruptcy Rules (“Del. Bankr. L.R.”).
• “Trustee” – Chapter 13 Standing Trustee for the District of Delaware.
• “Petition Date” – The date this Voluntary Petition is filed with the Clerk.
• “Plan” – The Chapter 13 Plan compliant with Local Form 3015-1 and 11 U.S.C. § 1325.
• “Schedules” – Official Forms 106A/B through 106J-2, including Summary of Assets & Liabilities.
• “SOFA” – Statement of Financial Affairs, Official Form 107.
• “Automatic Stay” – Injunctive relief imposed under 11 U.S.C. § 362 upon filing.

3. VOLUNTARY PETITION – OFFICIAL FORM 101 (KEY DATA POINTS)

A. Debtor Information

1. Debtor 1 Legal Name: [___]
2. Debtor 2 (if joint): [___]
3. All Other Names used in last 8 years: [___]
4. Residential Address: [Street, City, DE ZIP]
5. Mailing Address (if different): [___]
6. County of Residence: [___]
7. Debtor 1 SSN (last 4): [___]
8. Debtor 2 SSN (last 4): [___]

B. Attorney Information
• Firm Name: [___]
• DE Bar No.: [___]
• Address / Phone / Email: [___]

C. Bankruptcy Information
• Chapter Selected: 13
• Nature of Debts: ☐ Consumer ☐ Business ☐ Mixed
• Prior Bankruptcy Cases within 8 years: [Case No./District/Date]
• Credit Counseling Certificate Date: [MM/DD/YYYY] (must be within 180 days of Petition Date, 11 U.S.C. § 109(h)).

D. Statistical/Administrative
• Estimated Assets: ☐ $0-$50k ☐ $50k-$100k ☐ $100k-$500k ☐ $500k-$1M ☐ $1M-$10M
• Estimated Liabilities: ☐ $0-$50k ☐ $50k-$100k ☐ $100k-$500k ☐ $500k-$1M ☐ $1M-$10M
• Number of Creditors: ☐ 1-49 ☐ 50-99 ☐ 100-199 ☐ 200-999 ☐ 1,000-4,999

4. SCHEDULES / SUMMARY MATRIX

5. CHAPTER 13 PLAN – LOCAL FORM 3015-1

5.1 Plan Overview

a. Plan Length: [___] months (36–60 months per 11 U.S.C. § 1322(d)).
b. Applicable Commitment Period: [3 / 5] years based on disposable income.
c. Estimated Total Plan Base: $[___].
d. Periodic Payment to Trustee: $☐ per [month/bi-week] via wage order ☐ or direct pay ☐.

5.2 Treatment of Secured Claims

1. Home Mortgage (Primary Residence)
   • Creditor: [___]
   • Collateral Address: [___]
   • Pre-petition arrears: $☐ – Cure in Plan ☐ / Conduit ☐

2. Vehicle Loan
   • Creditor: [___]
   • Value (per NADA): $[___]; Interest: [___]% (Till rate)
   • Plan Treatment: ☐ Cram-down ☐ Retain & Pay ☐ Surrender

3. Judicial/Tax Liens – strip if unsecured ☐ (requires adversary or motion).

5.3 Treatment of Priority Claims

• Domestic Support: $[___] to be paid in full.
• Tax Claims (IRS/State of DE): $[___].

5.4 Treatment of Unsecured Non-priority Claims

• Estimated Pool: $[___].
• Projected % Dividend: [___] %. (Must meet liquidation test, 11 U.S.C. § 1325(a)(4)).

5.5 Executory Contracts & Leases

• Assumed: [Lease description].
• Rejected: ☐.

5.6 Plan-Related Motions

☐ Lien Avoidance under 11 U.S.C. § 522(f).
☐ Valuation of Collateral.

5.7 Vesting of Property of the Estate

Property shall ☐ re-vest in Debtor upon confirmation ☐ upon discharge.

5.8 Non-Standard Provisions

[Insert only if absolutely necessary and label clearly. Non-standard language triggers heightened scrutiny under FRBP 3015(c).]

6. REPRESENTATIONS, CERTIFICATIONS & DECLARATIONS

1. Petition & Schedules Verification (28 U.S.C. § 1746).
   “I declare under penalty of perjury that the foregoing is true and correct.”

2. Attorney Disclosure of Compensation – Official Form 2030.

3. Debtor’s Certification Regarding Disposable Income – 11 U.S.C. § 1325(b).
4. Domestic Support Obligation Certification (if applicable).
5. Wage Directive Authorization (if employer wage order elected).

7. NOTICES, DISCLOSURES & ATTACHMENTS

• Certificate of Credit Counseling.
• Proof of Income – last 60 days (Local Rule 1007-1(b)).
• Federal & State tax returns – most recent year (Local Rule 4002-1).
• Real estate valuation/PMA if cram-down or lien strip sought.
• Vehicle valuation printout.
• Chapter 13 Plan Payment Advices (Trustee Form Schedule).

8. GENERAL PROVISIONS

8.1 Governing Law
This Petition, the accompanying Plan, and all related filings are governed by the Bankruptcy Code, the FRBP, and the Local Rules.

8.2 Automatic Stay
Upon filing, the Automatic Stay under 11 U.S.C. § 362 restrains most creditor actions. Violations may be addressed by motion for contempt and sanctions.

8.3 Limited Jury Waiver
Pursuant to the District Court’s standing order of reference and limited jury trial availability in bankruptcy, the Debtors acknowledge that issues arising in this Chapter 13 case will be heard by the Bankruptcy Court absent withdrawal of reference.

8.4 Injunctive Relief Preservation
Nothing herein limits the Debtors’ right to seek additional injunctive relief for stay enforcement under 11 U.S.C. § 105(a).

8.5 Plan Payments as Liability Cap
The Debtors’ liability to unsecured creditors is capped at the amount of distributions provided under the confirmed Plan, subject to discharge exceptions in 11 U.S.C. § 523(a).

8.6 Amendments and Modifications
Amendments to Schedules or Plan must comply with FRBP 1009 and 3015, served in accordance with FRBP 2002(a)(5).

9. EXECUTION BLOCK

9.1 Debtor Signatures

/s/ [DEBTOR 1 NAME]                       Date: [MM/DD/YYYY]
Debtor 1

/s/ [DEBTOR 2 NAME]                       Date: [MM/DD/YYYY]
Debtor 2 (if joint case)

9.2 Attorney Signature

/s/ [ATTORNEY NAME]                       Date: [MM/DD/YYYY]
[Attorney Name], Esq.
DE Bar No. [___]
Counsel for Debtor(s)

9.3 Verification of Petition and Schedules

“I, the undersigned Debtor, have read the foregoing Petition, Schedules, and related documents, and declare under penalty of perjury that they are true and correct to the best of my knowledge, information, and belief.”

(Separate signed declarations for each Debtor required.)

9.4 Notary / Witness (if required)

END OF TEMPLATE