VOLUNTARY PETITION & CHAPTER 13 PLAN

UNITED STATES BANKRUPTCY COURT

[DISTRICT (NORTHERN | CENTRAL | SOUTHERN) OF ILLINOIS]

[// GUIDANCE: This template consolidates all core elements of the Chapter 13 “package”—Voluntary Petition (Official Form 101), Plan, and key local-rule certifications—into one cohesive, court-ready document. Practitioners should still file each required Official Form separately in CM/ECF. Text below mirrors the statutory content, adds defensive drafting, and tracks Illinois-specific local rules. Remove all guidance comments prior to filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Voluntary Petition Statements
   3.2 Chapter 13 Plan Terms
4. Representations & Warranties
5. Covenants & Restrictions
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 UNDER CHAPTER 13 AND PROPOSED CHAPTER 13 PLAN (“Petition & Plan”).

1.2 Parties.
a. “Debtor”: [DEBTOR FULL LEGAL NAME], SSN XXX-XX-[LAST 4].
b. “Joint Debtor” (if any): [JOINT DEBTOR NAME], SSN XXX-XX-[LAST 4].
c. “Trustee”: The standing Chapter 13 trustee appointed for cases filed in the [DISTRICT] of Illinois.
d. “Court”: United States Bankruptcy Court for the [DISTRICT] of Illinois.

1.3 Recitals.
a. WHEREAS, Debtor seeks relief under chapter 13 of title 11 of the United States Code (11 U.S.C. §§ 101 et seq.) (the “Bankruptcy Code”); and
b. WHEREAS, Debtor files this Petition & Plan to commence a voluntary bankruptcy case pursuant to 11 U.S.C. § 301 and to propose a plan for the adjustment of debts under 11 U.S.C. §§ 1321–1328.

1.4 Effective Date. Upon entry of the order for relief pursuant to 11 U.S.C. § 301(b).

1.5 Jurisdiction & Venue. Jurisdiction arises under 28 U.S.C. §§ 157(a) & 1334; venue is proper under 28 U.S.C. § 1408.

2. DEFINITIONS

For ease of reference, capitalized terms have the meanings below. Undefined terms have the meanings given in the Bankruptcy Code or the Federal Rules of Bankruptcy Procedure (“Bankruptcy Rules”).

“Automatic Stay” means the injunction arising under 11 U.S.C. § 362 upon the filing of the Petition.
“Case” means the above-captioned chapter 13 bankruptcy case.
“Claim” has the meaning in 11 U.S.C. § 101(5).
“Confirmation Order” means the order confirming this Plan under 11 U.S.C. § 1325.
“Disposable Income” has the meaning in 11 U.S.C. § 1325(b)(2).
“Local Rules” means the Local Rules of Bankruptcy Procedure for the [DISTRICT] of Illinois, including any Standing Orders and the Model Chapter 13 Plan adopted therein.
“Plan” means Sections 3.2.1–3.2.8 of this document, as may be amended.
“Secured Creditor” means any Creditor holding a Claim secured by a lien on property of the Debtor’s estate.
“Trustee Procedures” means the published policies of the [DISTRICT] Chapter 13 trustee regarding plan payments, wage orders, and disbursements.

3. OPERATIVE PROVISIONS

3.1 Voluntary Petition Statements (Official Form 101 Key Items)

3.1.1 Chapter Selection. Debtor elects relief under Chapter 13.
3.1.2 Prior Bankruptcies Within 8 Years: [YES/NO]. If yes, provide case numbers: [#].
3.1.3 Credit Counseling. Debtor received credit counseling on [DATE] and attaches Certificate (11 U.S.C. § 109(h)).
3.1.4 Nature of Debts. Primarily [CONSUMER/BUSINESS] debts.
3.1.5 Statistical/Administrative Information.
• Estimated number of creditors: [RANGE].
• Estimated assets: $[AMOUNT].
• Estimated liabilities: $[AMOUNT].
3.1.6 Exhibits. Exhibit A (Employers’ Payment Advices) and Exhibit D (Student Loan Disclosure) attached where required.
3.1.7 Request for Relief. Debtor petitions the Court for an order for relief under Chapter 13.

3.2 Chapter 13 Plan Terms (Model Plan-Compatible)

[// GUIDANCE: Substitute the district-specific Model Plan form language here if the judge requires verbatim usage; otherwise, this section tracks core elements mandated by 11 U.S.C. § 1322 and Local Rule 3015-1.]

3.2.1 Plan Length. The Plan shall run for [36/60] months from the first payment due under 11 U.S.C. § 1326(a)(1).
3.2.2 Plan Payments.
a. Debtor shall pay the Trustee $[MONTHLY AMOUNT] per month via [ACH | WAGE DEDUCTION] commencing on or before [DATE].
b. Additional lump-sum payments (tax refunds, bonuses, sale proceeds): [DESCRIPTION/“None”].
3.2.3 Classification & Treatment of Claims.
a. Administrative Claims (Trustee fees, Debtor’s attorney fees): Paid in full per 11 U.S.C. § 1326(b).
b. Secured Claims:
i. Mortgage Arrearage (Property: [ADDRESS]): $[AMOUNT] at [INTEREST]% pro-rata.
ii. Vehicle Claim (Creditor: [NAME]): § 1325(a)(5) “cram-down” at value $[VALUE], interest [RATE]%, paid over Plan term.
c. Priority Unsecured Claims (e.g., taxes, domestic support): Paid in full.
d. Non-priority Unsecured Claims: Projected distribution = not less than [AMOUNT or %] or Disposable Income over the applicable commitment period, whichever is greater.
3.2.4 Executory Contracts & Unexpired Leases. Assumed: [LIST] | Rejected: [LIST].
3.2.5 Vesting of Property of the Estate. Property of the estate shall revest in Debtor upon discharge, subject to the Automatic Stay until case closure or dismissal.
3.2.6 Lien Retention. Secured Creditors retain liens until underlying Claim is paid per the Plan and Debtor receives discharge.
3.2.7 Plan Modification. Debtor may modify the Plan at any time before Confirmation upon notice per Bankruptcy Rule 3015(d). Post-confirmation modification requires compliance with 11 U.S.C. § 1329.
3.2.8 Special Provisions (Local Rule-Required).
• Non-standard provisions: [INSERT or “None”].
• Adequate protection payments to Secured Creditor [NAME]: $[AMOUNT]/month beginning month 1.

4. REPRESENTATIONS & WARRANTIES

4.1 Accuracy of Schedules. Debtor represents that Schedules A/B through J and the Statement of Financial Affairs filed concurrently are true, correct, and complete to the best of Debtor’s knowledge after reasonable investigation.

4.2 Good-Faith Filing. Debtor warrants that this Petition & Plan is proposed in good faith and not by any means forbidden by law (11 U.S.C. § 1325(a)(3)).

4.3 Feasibility. Debtor represents the ability to make all payments under the Plan and to comply with the Plan (11 U.S.C. § 1325(a)(6)).

4.4 Domestic Support Obligations. Debtor affirms (i) status of any domestic support obligations; and (ii) that all amounts due pre-petition are disclosed and will be paid pursuant to the Plan.

4.5 Tax Filings. All tax returns required under applicable law have been filed for the four-year period preceding the petition date (11 U.S.C. § 1308).

4.6 Survival. The representations and warranties herein shall survive Confirmation and remain in effect through discharge or dismissal.

5. COVENANTS & RESTRICTIONS

5.1 Plan Payment Covenant. Debtor shall timely make all payments required under Section 3.2.2.

5.2 Information Covenant. Debtor shall provide the Trustee with:
a. Annual tax returns within 14 days of filing;
b. Evidence of income increases/decreases exceeding 10% within 10 days.

5.3 Insurance. Debtor shall maintain insurance on all property subject to a secured Claim naming the Secured Creditor as loss payee where applicable.

5.4 New Debt. Debtor shall not incur post-petition consumer debt exceeding $[THRESHOLD] without Court approval, except for emergency medical expenses.

5.5 Notice & Cure. Debtor shall have 21 days to cure any non-payment default after written notice from the Trustee or an affected Creditor.

6. DEFAULT & REMEDIES

6.1 Events of Default.
a. Failure to make any Plan payment within 30 days of due date.
b. Failure to provide required information under Section 5.2.
c. Post-petition domestic support delinquency exceeding one payment.

6.2 Trustee Remedies. Upon an Event of Default, the Trustee may file a motion to dismiss or convert the Case. Debtor may oppose or cure under Bankruptcy Rule 9014.

6.3 Creditor Remedies. Secured Creditors may seek relief from the Automatic Stay for cause under 11 U.S.C. § 362(d) upon Plan or payment default, subject to notice and the opportunity for Debtor to cure within the period specified in Section 5.5.

6.4 Attorneys’ Fees. In any contested matter arising from an Event of Default, the prevailing party is entitled to reasonable attorneys’ fees and costs as allowed under applicable non-bankruptcy law and approved by the Court.

7. RISK ALLOCATION

7.1 Indemnification. Not applicable; this Petition & Plan does not create inter-party indemnity obligations beyond those provided in the Bankruptcy Code.

7.2 Limitation of Liability. All distributions to Creditors are limited to amounts payable under the Plan. No party shall be liable for consequential or punitive damages related to the implementation of the Plan.

7.3 Force Majeure. If Debtor experiences a material adverse event (e.g., job loss, medical emergency) that impairs the ability to fund the Plan, Debtor may move to modify or temporarily suspend payments pursuant to 11 U.S.C. § 1329 and Local Rule 9013-1.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Petition & Plan shall be governed by the Bankruptcy Code, Bankruptcy Rules, and, to the extent not inconsistent, the laws of the United States and the State of Illinois.

8.2 Forum Selection. The Bankruptcy Court for the [DISTRICT] of Illinois shall have exclusive jurisdiction over all matters arising under or relating to the Case.

8.3 Arbitration. Not available; core bankruptcy matters are non-arbitrable absent Court order.

8.4 Jury Waiver. To the extent any claim herein is non-core and subject to jury trial rights, the parties hereby waive a jury trial, subject to Court approval.

8.5 Injunctive Relief. The Automatic Stay under 11 U.S.C. § 362 constitutes agreed injunctive relief binding all parties.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. Any amendment to this Plan requires Court approval following notice per Bankruptcy Rule 3015(g). No informal waiver shall bind the Trustee or any Creditor.

9.2 Assignment. Debtor may not assign rights or delegate duties under the Plan without prior Court approval.

9.3 Successors & Assigns. This Plan binds and benefits Debtor, Creditors, the Trustee, and their respective successors and permitted assigns.

9.4 Severability. If any provision is declared unenforceable, the remaining provisions shall remain in full force unless such result is inequitable.

9.5 Integration. This Petition & Plan, together with the Schedules and Statements filed concurrently, constitutes the entire agreement between Debtor and Creditors concerning treatment of Claims under Chapter 13.

9.6 Counterparts & Electronic Signatures. This document may be executed in counterparts; electronic signatures complying with Bankruptcy Rule 5005 and Local Rule 5005-4 are deemed originals.

10. EXECUTION BLOCK

Executed under penalty of perjury on the dates indicated.

Debtor:

[DEBTOR NAME]
Date: _______

Joint Debtor (if any):

[JOINT DEBTOR NAME]
Date: _______

Attorney for Debtor:

[ATTORNEY NAME], Esq. (Bar #__)
Firm: [FIRM NAME]
Address: [ADDRESS]
Phone: [PHONE] | Email: [EMAIL]
Date: _______

Certification of Attorney. I declare that I have informed the Debtor(s) that the Debtor(s) may proceed under Chapter 7, 11, 12, or 13 of the Bankruptcy Code and have explained the relief available under each chapter. I have delivered to the Debtor(s) the notice required by 11 U.S.C. § 342(b).

Notary Acknowledgment (if required under Local Rule 5005-1 for in-person signatures):

State of Illinois )
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 the foregoing instrument, and acknowledged that he/she/they executed the same.

Notary Public

My Commission Expires: _______

[// GUIDANCE:
1. File Official Forms 101, 106A–J, 107, 108, 113 (Model Chapter 13 Plan for your district), 122C-1/2, and the Certificate of Credit Counseling separately.
2. Replace bracketed placeholders, delete sections inapplicable to your district, and ensure alignment with the most recent Illinois district Model Plan language.
3. Cross-check local standing orders for trustee percentage fees and wage deduction procedures.
4. Confirm that statistical estimates (Section 3.1.5) match the CM/ECF cover sheet.]