IMPORTANT PRACTICE NOTE
This template is designed as a practitioner-ready “wrap-around” to the Official Bankruptcy Forms that must be filed in every Chapter 13 case. Insert the language below exactly where indicated on the corresponding Official Forms or attach it as a supplemental rider, consistent with Local Rule 3015-1 in the Northern or Southern District of Indiana (select the proper district in the brackets provided). Always confirm you are using the current version of each Official Form and the district-mandated Chapter 13 Plan form in effect on the date of filing.
CHAPTER 13 BANKRUPTCY PETITION PACKAGE
UNITED STATES BANKRUPTCY COURT
[NORTHERN | SOUTHERN] DISTRICT OF INDIANA
In re: [DEBTOR 1 FULL LEGAL NAME]
[Joint Debtor 2 Full Legal Name, if any]
Debtor(s).
Chapter 13
Case No.: ____ (to be assigned)
Effective Filing Date: [MM / DD / YYYY]
TABLE OF CONTENTS
- Document Header & Recitals
- Definitions
- Voluntary Petition (Official Form 101) – Insert Language & Riders
- Mandatory Exhibits and Declarations
- Chapter 13 Plan – Local Form 3015-1 (IN) + Supplemental Plan Provisions
- Representations & Warranties Rider
- Covenants & Restrictions Rider
- Default & Remedies Rider
- Risk Allocation Rider
- Dispute Resolution & General Provisions
- Execution Block
- Attachment Index / Filing Checklist
1. DOCUMENT HEADER & RECITALS
WHEREAS, the above-captioned Debtor(s) (the “Debtor”) seek relief under Chapter 13 of title 11 of the United States Code (the “Bankruptcy Code”); and
WHEREAS, the Debtor files this Petition, Schedules, Statements, and Chapter 13 Plan (collectively, the “Petition Package”) in conformity with:
a. 11 U.S.C. §§ 301, 362, 521, 1307, 1321–1329;
b. The Federal Rules of Bankruptcy Procedure (“Fed. R. Bankr. P.”); and
c. The Local Bankruptcy Rules (“L.B.R.”) of the [Northern | Southern] District of Indiana, including but not limited to L.B.R. 1007-1, 2002-1, 3015-1, and any Standing Orders of the Court;
NOW, THEREFORE, the Debtor submits the following in support of the voluntary petition.
2. DEFINITIONS
For ease of cross-reference, capitalized terms used throughout the Petition Package have the meanings below (alphabetical order):
“Automatic Stay” – The injunction that arises upon filing under 11 U.S.C. § 362.
“Bankruptcy Court” – The United States Bankruptcy Court for the [Northern | Southern] District of Indiana.
“Chapter 13 Plan” or “Plan” – The district-approved form Chapter 13 repayment plan, as modified by any Supplemental Plan Provisions (Section 5, below).
“Confirmation” – The entry of an order confirming the Plan under 11 U.S.C. § 1325.
“Debtor” – The individual(s) identified in the caption who commence this Chapter 13 case.
“District Rules” – Collectively, the applicable Local Bankruptcy Rules, General Orders, and Trustee Guidelines in effect on the Filing Date.
“Disposable Income” – As calculated on Official Forms 122C-1 and 122C-2, subject to 11 U.S.C. § 1325(b).
“Plan Payment” – A payment made by the Debtor to the Chapter 13 Trustee pursuant to Section 5.2 of the Plan.
“Trustee” – The standing Chapter 13 Trustee appointed for this division.
3. VOLUNTARY PETITION (OFFICIAL FORM 101) – INSERT LANGUAGE & RIDERS
[// GUIDANCE: Transfer the bolded/italicized language below into the Additional Information or Explain More boxes in Form 101, or attach it as Exhibit A if space is limited.]
3.1 Basis for Relief
“The Debtor elects relief under Chapter 13 to repay creditors in an orderly manner consistent with 11 U.S.C. § 1322, preserve exempt property, and obtain a discharge under 11 U.S.C. § 1328.”
3.2 Pending State-Court Actions
“All pending lawsuits are listed in Schedule A/B, Part 4; the Automatic Stay applies immediately upon filing (11 U.S.C. § 362).”
3.3 Certification re Indiana Credit Counseling & Domestic Support Obligations
“Debtor completed credit counseling within the 180-day period preceding the petition and is current on post-petition domestic support obligations, if any, as required for plan confirmation under Local Rule 3015-1 and 11 U.S.C. § 1325(a)(8).”
4. MANDATORY EXHIBITS AND DECLARATIONS
Attach the following behind the Voluntary Petition in the sequence listed (check each box as added):
☐ Exhibit D: Certificate of Credit Counseling (Official Form 101, Part 5)
☐ Form 121: Statement About Your Social Security Numbers
☐ Summary of Assets & Liabilities (Official Form 106Sum)
☐ Schedules A/B–J (Official Forms 106A/B through 106J-2)
☐ Declaration About Schedules (Official Form 106Dec)
☐ Statement of Financial Affairs (Official Form 107)
☐ Chapter 13 Statement of Current Monthly Income (Forms 122C-1 & 122C-2)
☐ Verification of Creditor Matrix & Mailing List
☐ Local Rule-specific Certificate of Service (if required)
[// GUIDANCE: Northern District L.B.R. 1007-1(b) requires the creditor matrix to be uploaded in .txt format within two days of filing. Southern District practitioners must comply with S.D. Ind. B-1007-1 and B-9013-3 for matrix submission.]
5. CHAPTER 13 PLAN – LOCAL FORM 3015-1 (IN) + SUPPLEMENTAL PLAN PROVISIONS
[PLACEHOLDER: Insert the mandatory Indiana Form Plan here. The template below adds commonly-used supplemental language permissible under L.B.R. 3015-1(e).]
5.1 Plan Term & Payments
a. Length: [36 | 60] months
b. Monthly Plan Payment: $[AMOUNT] commencing [MM/DD/YYYY] and paid [bi-weekly | monthly] to the Trustee;
c. Payments shall be made by [payroll deduction | electronic draft | money order].
5.2 Treatment of Secured Claims
a. Real Property Mortgage Arrearage: Cured in full through the Plan with 5.25 % interest unless otherwise ordered.
b. Vehicle Claims: Paid the present value of $[AMOUNT] with interest at [RATE] % pursuant to 11 U.S.C. § 1325(a)(5)(B)(ii).
5.3 Domestic Support Obligations (DSO)
The Debtor shall remain current on all post-petition DSO. Failure constitutes a material default under Section 8.1(c) (Default & Remedies).
5.4 Vesting of Property of the Estate
Property of the estate shall vest in the Debtor [upon confirmation | upon discharge] (select one).
5.5 Supplemental Non-Standard Provisions
(Required summary box in the Indiana Form Plan – list each subsection here and mark “§ 5.5” on the Plan.)
1. “Surrender in Full Satisfaction” – Upon surrender of collateral listed in Schedule A/B line [ ], the secured claim is deemed satisfied and lien released.
2. “Direct Payments” – Ongoing mortgage payments on [property address] shall be made directly by the Debtor outside the Plan.
6. REPRESENTATIONS & WARRANTIES RIDER
The Debtor represents and warrants to the Bankruptcy Court, the Trustee, and all creditors that:
6.1 Accuracy of Schedules
All information in the Schedules and Statements is true, correct, and complete as of the Filing Date, subject to amendment as allowed under Fed. R. Bankr. P. 1009.
6.2 Tax Filings
All federal and Indiana state tax returns required under law for the four taxable years preceding the Filing Date have been filed, or valid extensions obtained, satisfying 11 U.S.C. § 1308.
6.3 Plan Feasibility
The Plan is proposed in good faith, is feasible, and the Debtor will be able to make all payments required by the Plan as set forth in 11 U.S.C. § 1325(a)(6).
6.4 Insurance
All estate property of a type customarily insured is, and will remain, insured for its full replacement value until discharge or conversion.
6.5 Survival
The representations and warranties in this Section survive Confirmation and are deemed restated on each Plan Payment date.
7. COVENANTS & RESTRICTIONS RIDER
7.1 Affirmative Covenants
a. Timely Plan Payments – Debtor shall make each Plan Payment not later than the date due.
b. Cooperation – Debtor shall provide the Trustee with copies of pay advices, tax returns, and other requested documents within seven (7) days of any written request.
c. Post-Petition Tax Filings – Debtor shall file all post-petition federal, state, and local tax returns when due and pay all associated taxes.
7.2 Negative Covenants
a. No Additional Debt – Debtor shall not incur post-petition credit exceeding $1,000 without court approval, except for emergency medical expenses.
b. Asset Transfers – Debtor shall not transfer, sell, or encumber property of the estate outside the ordinary course of financial affairs without court authorization.
7.3 Notice & Cure
Upon written notice from the Trustee or a creditor of a covenant breach, the Debtor shall have ten (10) days to cure before the event constitutes a Default under Section 8.1.
8. DEFAULT & REMEDIES RIDER
8.1 Events of Default
a. Failure to make any Plan Payment within thirty (30) days of its due date;
b. Failure to file or pay post-petition taxes within sixty (60) days of the due date;
c. Failure to remain current on post-petition DSO;
d. Violation of Section 7.2 (Negative Covenants).
8.2 Trustee Remedies
Upon a Default, the Trustee may file:
i. A motion to dismiss (§ 1307(c));
ii. A motion to convert to Chapter 7; or
iii. A motion to modify the Plan.
8.3 Creditor Remedies
A creditor may seek relief from the Automatic Stay under 11 U.S.C. § 362(d) upon a Default specific to its collateral or claim.
8.4 Attorneys’ Fees
If a creditor or the Trustee prevails on a motion based on Default, the Debtor shall pay reasonable attorneys’ fees as an administrative claim (11 U.S.C. § 503(b)), subject to court approval.
9. RISK ALLOCATION RIDER
9.1 Indemnification – Not Applicable
By statute, the Chapter 13 Trustee enjoys quasi-judicial immunity; Debtor does not indemnify any party herein.
9.2 Liability Caps – Plan Payments
The maximum aggregate liability payable to allowed unsecured creditors shall not exceed the disposable income committed in the Plan (11 U.S.C. § 1325(b)), and any remaining unpaid claims are discharged upon completion.
9.3 Force Majeure
In the event of a documented [natural disaster | pandemic | involuntary job loss] that materially impairs the Debtor’s income, the Debtor may file a modified Plan under 11 U.S.C. § 1329 within thirty (30) days of the event without prejudice.
10. DISPUTE RESOLUTION & GENERAL PROVISIONS
10.1 Governing Law
All issues arising under this Petition Package are governed exclusively by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the District Rules.
10.2 Forum Selection
Exclusive jurisdiction and venue lie with the United States Bankruptcy Court for the [Northern | Southern] District of Indiana.
10.3 Arbitration – Not Available
Disputes under this Petition Package are core bankruptcy matters; arbitration is unavailable absent an order compelling arbitration.
10.4 Jury Waiver
To the fullest extent permitted, the Debtor knowingly waives any right to a jury trial on core bankruptcy issues, consistent with limited jury availability in the Bankruptcy Court.
10.5 Injunctive Relief
The Automatic Stay remains in effect until termination under 11 U.S.C. § 362(c) or court order.
10.6 Amendments
This Petition Package may be amended only by filing amended schedules, statements, or plan documents in compliance with Fed. R. Bankr. P. 1009 and L.B.R. 3015-2.
10.7 Integration
This Petition Package, together with the Official Forms and any subsequently filed amendments, constitutes the entire submission required to commence and prosecute this Chapter 13 case.
10.8 Electronic Signatures
Pursuant to L.B.R. 5005-4 and the Court’s CM/ECF Administrative Policies, signatures affixed by electronic means carry the same force as original signatures.
11. EXECUTION BLOCK
Executed on: [MM / DD / YYYY]
/s/ ______
[Debtor 1 Printed Name]
Debtor 1
/s/ ______
[Debtor 2 Printed Name] (if any)
Joint Debtor
Debtor’s Counsel Certification
“I, [Attorney Name], certify that I have explained the contents of this Petition Package to the Debtor and have reviewed it for accuracy and completeness.”
/s/ ______
[Attorney Name]
Indiana Bar No. __
[Law Firm Name]
Address: ______
Telephone: ( ) _
Email: ___
[Notary acknowledgment only if local practice requires wet-ink signatures outside CM/ECF.]
12. ATTACHMENT INDEX / FILING CHECKLIST
☐ Official Form 101 – Voluntary Petition (with Riders)
☐ Official Form 106 Series – Schedules A/B through J-2
☐ Official Form 107 – Statement of Financial Affairs
☐ Official Form 121 – SSN Statement (submitted privately)
☐ Official Form 122C-1 & 122C-2 – CMI & Disposable Income
☐ Local Form 3015-1 – Chapter 13 Plan (with § 5.5 Non-Standard Provisions)
☐ Certificate of Credit Counseling
☐ Payment Advice Cover Sheet (per 11 U.S.C. § 521)
☐ Creditor Matrix in .txt + Verification
☐ Proposed Order Confirming Plan (optional – varies by judge)
☐ Certificate of Service (where required)
[// GUIDANCE: Many Indiana judges require the Certificate of Service of Plan and Notice of Confirmation Hearing to be filed contemporaneously with the Plan. Confirm judge-specific procedures and available e-orders.]
END OF TEMPLATE