UNITED STATES BANKRUPTCY COURT

DISTRICT OF HAWAII

In re: [DEBTOR 1 FULL LEGAL NAME]
SSN/ITIN (Last 4): -_-__

[If Joint Case]
In re: [DEBTOR 2 FULL LEGAL NAME]
SSN/ITIN (Last 4): -_-__

Debtor(s).
Chapter 13
Case No. _____ (To be assigned)

VOLUNTARY PETITION UNDER 11 U.S.C. § 301 FOR RELIEF UNDER CHAPTER 13
Effective Date: [FILING DATE]

[// GUIDANCE: This template integrates the substance of Official Form 101 (Voluntary Petition), District of Hawaii Local Bankruptcy Rules (“HI LBR”), and common Chapter 13 practice. Modify bracketed items and attach the required Official Forms and schedules before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Petition & Filing Components (Operative Provisions)
4. Representations & Declarations
5. Covenants & Post-Petition Duties
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title: Voluntary Petition for Individuals Filing for Bankruptcy—Chapter 13
1.2 Parties: Debtor 1, Debtor 2 (if any), and the United States Trustee for the District of Hawaii.
1.3 Recitals
a. Debtor(s) seek relief under chapter 13 of title 11 of the United States Code (the “Bankruptcy Code”).
b. Venue is proper in the United States Bankruptcy Court for the District of Hawaii pursuant to 28 U.S.C. §§ 1408–1409.
c. The automatic stay arises upon filing under 11 U.S.C. § 362(a).
1.4 Jurisdiction: Core proceeding under 28 U.S.C. § 157(b)(2)(A), subject to the exclusive jurisdiction of this Court.
1.5 Effective Date: The “Petition Date” is the date stamped by the Clerk upon electronic filing.

2. DEFINITIONS

“341 Meeting” – The meeting of creditors required by 11 U.S.C. § 341(a).
“Automatic Stay” – The injunction created by § 362(a).
“Bankruptcy Rules” – The Federal Rules of Bankruptcy Procedure (“Fed. R. Bankr. P.”).
“Case” – The above-captioned chapter 13 proceeding.
“Code” – Title 11 of the United States Code.
“Creditor Matrix” – The list of creditors conforming to HI LBR 1007-2.
“Debtor(s)” – Individually and collectively, the persons identified in the caption.
“Local Rules” – The Local Bankruptcy Rules for the District of Hawaii (“HI LBR”).
“Petition Package” – This Petition and all accompanying schedules, statements, certificates, and the Chapter 13 Plan.
“Plan” – The Chapter 13 repayment plan submitted under § 1321 and HI LBR 3015-1.
“Trustee” – The standing Chapter 13 trustee appointed for the District of Hawaii.

[// GUIDANCE: Add additional defined terms (e.g., “Domestic Support Obligation,” “Property of the Estate”) as warranted by the facts of the case.]

3. PETITION & FILING COMPONENTS (OPERATIVE PROVISIONS)

3.1 Voluntary Petition
a. Debtor(s) commence the Case by filing this Petition pursuant to § 301(a).
b. Debtor(s) elect relief under chapter 13 as individuals with regular income (§ 109(e)).

3.2 Required Attachments (to be completed on Official Forms)
i. Summary of Assets and Liabilities (Official Form 106Sum)
ii. Schedules A/B–J (Official Forms 106A/B–106J)
iii. Statement of Financial Affairs (Official Form 107)
iv. Credit Counseling Certificate(s) (§ 109(h))
v. Payment Advices or Affidavit (Fed. R. Bankr. P. 1007(b)(1)(E))
vi. Chapter 13 Plan (District of Hawaii Model Plan)
vii. Form 122C-1 (Statement of Current Monthly Income)

[// GUIDANCE: HI LBR 3015-1 requires the Model Plan version current as of filing. Confirm the Trustee’s website for the latest editable .pdf.]

3.3 Filing Fee
a. Total fee: $313 per the Bankruptcy Court Misc. Fee Schedule.
b. Payment: [☐ Paid in full] [☐ Pay in installments per Fed. R. Bankr. P. 1006(b)] [☐ Motion to Waive Chapter 13 Filing Fee (rare)].

3.4 Creditor Matrix
a. Conforms to HI LBR 1007-2 formatting (all caps, no punctuation, zip+4).
b. Filed concurrently with the Petition.

3.5 Attorney Compensation Disclosure
a. Filed on Official Form 2030.
b. Flat-fee arrangements must comply with HI LBR 2016-1.

3.6 Statistical/Administrative Items
a. Nature of Debts: [☐ Consumer] [☐ Business]
b. Estimated Number of Creditors / Assets / Liabilities boxes per Official Form 101 Part 4.

4. REPRESENTATIONS & DECLARATIONS

4.1 Eligibility
a. Noncontingent, liquidated, unsecured debts < $465,275 and secured debts < $1,395,875 (11 U.S.C. § 109(e)) as of Petition Date.
b. Debtor(s) received approved credit counseling within 180 days or qualify for waiver (§ 109(h)(3)).

4.2 Prior Bankruptcy Cases
a. No case dismissed within preceding 180 days for willful failure to appear or comply with orders (§ 109(g)).

4.3 Accuracy of Information
a. Debtor(s) declare under penalty of perjury (28 U.S.C. § 1746) that the information provided is true and correct.
b. False statements may constitute bankruptcy crimes (18 U.S.C. §§ 152, 157).

4.4 Attorney Certification
Counsel certifies compliance with Fed. R. Bankr. P. 1007, 9011, and the HI LBR.

5. COVENANTS & POST-PETITION DUTIES

5.1 Plan Filing & Payments
a. Debtor(s) shall file the Plan contemporaneously with the Petition or within 14 days (§ 1321; Fed. R. Bankr. P. 3015(b)).
b. First Plan payment due 30 days after Petition Date (§ 1326(a)(1)).

5.2 Cooperation with Trustee
Provide tax returns, pay advices, and other information requested under § 521(e)(2) and Trustee guidelines.

5.3 Domestic Support Obligations
Debtor(s) to remain current on all post-petition domestic support obligations (§ 1307(c)(11)).

5.4 Insurance & Leased Property
Maintain insurance on collateral and comply with lease obligations until assumption or rejection.

5.5 Tax Filings
All pre-petition tax returns must be filed no later than the day before the § 341 Meeting (§ 1308).

6. DEFAULT & REMEDIES

6.1 Administrative Defaults
Failure to file mandatory documents or attend the § 341 Meeting may result in dismissal without further notice (Fed. R. Bankr. P. 1017).

6.2 Payment Defaults
a. Missed Plan payments constitute cause for conversion or dismissal (§§ 1307(c), 1326(a)(1)).
b. Trustee typically issues a 30-day Notice of Default per local practice.

6.3 Creditor Relief
Secured creditors may seek stay relief for cause (§ 362(d)) upon sufficient notice per HI LBR 4001-1.

6.4 Attorney Fees & Costs
Reasonable fees for motion practice may be allowed as administrative expenses (§ 503(b)(2)).

7. RISK ALLOCATION

Indemnification: Not applicable to this judicial filing.
Liability Cap: Debtor liability is limited to Plan payments, except for non-dischargeable debts as determined under §§ 523 & 1328.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Case and all related disputes are governed by the Bankruptcy Code, Bankruptcy Rules, and the Local Rules of the District of Hawaii.

8.2 Forum Selection
Exclusive venue lies in the United States Bankruptcy Court for the District of Hawaii.

8.3 Arbitration
Not available for core bankruptcy matters.

8.4 Jury Waiver
To the extent a jury trial right exists, Debtor(s) knowingly waive such right except as otherwise determined by the Court.

8.5 Injunctive Relief
The Automatic Stay under § 362(a) constitutes statutory injunctive relief.

9. GENERAL PROVISIONS

9.1 Amendments & Supplements
Amendments to the Petition Package must comply with Fed. R. Bankr. P. 1009 and pay any required fees.

9.2 Service of Documents
All pleadings shall be served in accordance with Fed. R. Bankr. P. 7004 and HI LBR 9006-1.

9.3 Successors & Assigns
Obligations herein bind chapter 13 Trustee successors; Debtor obligations are personal and non-transferable absent Court order.

9.4 Severability
If any provision is unenforceable, the remainder of the Petition Package remains in full force.

9.5 Integration
This Petition Package, including all Official Forms and the Plan, constitutes the entire filing required for commencement of this Case.

9.6 Electronic Signatures
Signatures captured via approved ECF procedures shall constitute original signatures for all purposes (Fed. R. Bankr. P. 5005(a)(2)).

10. EXECUTION BLOCK

I/We, the undersigned Debtor(s), declare under penalty of perjury that the information provided in this Petition Package is true and correct and that I/we intend to obtain relief under chapter 13 of the Bankruptcy Code.

Attorney for Debtor(s):
[ATTORNEY NAME]
HI Bar No. ______
Firm: [LAW FIRM NAME]
Address: [ADDRESS]
Phone: [() -____]
Email: [EMAIL]

Executed in Honolulu, Hawaii.

[// GUIDANCE:

1. Attach the completed Official Forms and Model Chapter 13 Plan behind this template.
2. Confirm current debt limits under § 109(e) before filing (they adjust periodically).
3. Verify Local Rule citations on the Court’s website immediately prior to use.
4. For expedited filing, ECF users may upload a “skeletal” Petition (Form 101, creditor matrix, and Form 121) and file remaining schedules within 14 days, but local practice prefers full packages.
5. Always review the Chapter 13 Trustee’s “Case Commencement Checklist” for Hawaii—failure to comply may result in trustee motions to dismiss.
   ]