UNITED STATES BANKRUPTCY COURT

DISTRICT OF KANSAS

In re:
[DEBTOR LEGAL NAME]
[Joint Debtor Legal Name] (if any)

Debtor(s). Case No.: [ ]
Chapter 13

VOLUNTARY PETITION
FOR RELIEF UNDER CHAPTER 13 OF THE
UNITED STATES BANKRUPTCY CODE (11 U.S.C.)

[// GUIDANCE: This template is drafted for use by licensed attorneys admitted to practice before the U.S. Bankruptcy Court for the District of Kansas. It is not a substitute for the current Official Bankruptcy Forms, Kansas local forms, or the Chapter 13 Plan form required by D. Kan. LBR 3015.1. It is intended as a professionally-structured master pleading that consolidates all debtor certifications, acknowledgments, and local-rule disclosures into a single, court-ready document for filing contemporaneously with the Official Forms. Remove guidance comments before filing.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Petition Statements)
IV. Representations & Warranties (Declarations Under Penalty of Perjury)
V. Covenants & Restrictions (Ongoing Duties)
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1.1 Petition Date: [PETITION DATE]

1.2 Jurisdiction & Venue
This Voluntary Petition (“Petition”) is filed pursuant to 11 U.S.C. §§ 301 and 302 and Fed. R. Bankr. P. 1002–1004 in the United States Bankruptcy Court for the District of Kansas (“Court”). Venue is proper under 28 U.S.C. § 1408.

1.3 Automatic Stay
Upon the filing of this Petition, the automatic stay under 11 U.S.C. § 362 became effective.

II. DEFINITIONS

For purposes of this Petition (capitalized terms appear elsewhere):

“Bankruptcy Code” – Title 11, United States Code.
“Case” – The above-captioned chapter 13 bankruptcy case.
“Court” – The United States Bankruptcy Court for the District of Kansas.
“Debtor” – The individual(s) identified in the caption, including any Joint Debtor.
“Petition Date” – The date this Petition is filed with the Clerk.
“Plan” – The chapter 13 plan filed or to be filed pursuant to 11 U.S.C. § 1321 and D. Kan. LBR 3015.1.
“Trustee” – The standing chapter 13 trustee assigned to this Case.

III. OPERATIVE PROVISIONS (PETITION STATEMENTS)

3.1 Election of Chapter
Debtor seeks relief under chapter 13 of the Bankruptcy Code and requests entry of an order for relief.

3.2 Prior Bankruptcy Cases
a. Debtor has / has not (select one) filed any bankruptcy case within the preceding eight (8) years.
b. If applicable, list prior case numbers, chapters, and dispositions:
• [CASE NO.], filed [DATE], disposition [DISPOSITION].

[// GUIDANCE: Duplicate this subsection for additional prior cases or convert to an attached Schedule if more space is required.]

3.3 Credit Counseling Certification
Debtor has received credit counseling within the 180-day period ending on the Petition Date and attaches Official Form 101, Part 5 certification.

3.4 Compliance with 11 U.S.C. § 109(g)
Debtor represents eligibility to be a debtor under chapter 13 and is not barred by a prior dismissal within the past 180 days.

3.5 Filing of Schedules & Statements
Contemporaneously with this Petition (or within fourteen (14) days as permitted by Fed. R. Bankr. P. 1007(c)), Debtor shall file:
• Schedules A/B–J;
• Statement of Financial Affairs;
• Statement of Current Monthly Income and Calculation of Commitment Period (Form 122C-1) and Disposable Income (Form 122C-2);
• Chapter 13 Plan compliant with D. Kan. LBR 3015.1.

3.6 Plan Filing & Confirmation
a. Debtor shall file the Plan no later than the Petition Date, or within fourteen (14) days thereafter if an extension is granted.
b. The Plan shall comply with 11 U.S.C. §§ 1322–1325, Official Form 113, and the Chapter 13 Trustee’s published guidelines.
c. Debtor requests confirmation after notice and hearing under 11 U.S.C. § 1324.

3.7 Payment to Trustee
Debtor shall commence plan payments of $[AMOUNT] per [FREQUENCY] to the Trustee not later than thirty (30) days after the Petition Date in accordance with 11 U.S.C. § 1326(a)(1).

3.8 Domestic Support Obligations (“DSO”)
a. Debtor does / does not (select one) owe a DSO.
b. If yes, list the name and address of each DSO payee:
• [DSO PAYEE], [ADDRESS].

3.9 Chapter 13 Standing Trustee Fees
Trustee is entitled to statutory compensation pursuant to 28 U.S.C. § 586(e).

IV. REPRESENTATIONS & WARRANTIES

4.1 Accuracy of Information
Debtor declares, under penalty of perjury, that the information provided in this Petition and all accompanying documents is true and correct to the best of Debtor’s knowledge, information, and belief.

4.2 Good-Faith Filing
This Petition is filed in good faith and not for any improper purpose.

4.3 Intent to Perform
Debtor represents intent to perform all obligations under the Plan.

4.4 Survival
The representations and warranties herein shall survive conversion or dismissal of the Case.

V. COVENANTS & RESTRICTIONS

5.1 Cooperation with Trustee
Debtor shall (i) appear at the § 341 meeting of creditors, (ii) provide tax returns, pay advices, and other documents requested by the Trustee, and (iii) otherwise comply with 11 U.S.C. § 521.

5.2 No Additional Debt Without Consent
Debtor will not incur post-petition consumer debt in excess of $[THRESHOLD] without Court approval.

5.3 Insurance
Debtor shall maintain insurance on all property subject to secured claims as required by 11 U.S.C. § 1326(a)(1)(C).

5.4 Notices of Change in Income
Debtor shall promptly notify the Trustee in writing of any material change in income or household size.

VI. DEFAULT & REMEDIES

6.1 Events of Default
a. Failure to make any Plan payment when due;
b. Failure to comply with §§ 521, 1326, or any Court order;
c. Failure to provide requested documentation to the Trustee within fifteen (15) days of written request.

6.2 Trustee Remedies
Upon an Event of Default, the Trustee may file a motion to dismiss or convert the Case under 11 U.S.C. § 1307.

6.3 Creditor Remedies
Secured creditors may seek relief from the automatic stay under 11 U.S.C. § 362(d) upon Debtor’s default in post-petition obligations.

6.4 Cure Period
Debtor shall have a fourteen (14)-day cure period after service of a notice of default, unless otherwise ordered.

6.5 Attorneys’ Fees
Reasonable attorneys’ fees and costs incurred in addressing a default may be added to the secured claim as allowed by 11 U.S.C. § 506(b).

VII. RISK ALLOCATION

7.1 Indemnification
Not applicable.

7.2 Limitation of Liability
Debtor’s liability to creditors is limited to payments and performance under the confirmed Plan, except as otherwise provided by 11 U.S.C. § 523.

7.3 Force Majeure
If Debtor’s ability to make Plan payments is materially affected by circumstances beyond Debtor’s control (e.g., serious illness, natural disaster), Debtor may seek Plan modification under 11 U.S.C. § 1329.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Case is governed exclusively by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and, where applicable, the Local Bankruptcy Rules of the District of Kansas.

8.2 Forum Selection
All proceedings shall be brought in the United States Bankruptcy Court for the District of Kansas.

8.3 Arbitration
Not available.

8.4 Jury Waiver
To the maximum extent permitted, Debtor waives any right to a jury trial on issues triable by jury in this Court.

8.5 Injunctive Relief
The automatic stay under 11 U.S.C. § 362 constitutes statutory injunctive relief; parties may seek additional injunctive relief only by Court order.

IX. GENERAL PROVISIONS

9.1 Amendments & Waivers
Amendments to this Petition or schedules may be made only in accordance with Fed. R. Bankr. P. 1009. Any waiver of a provision herein must be in writing and filed with the Court.

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

9.3 Successors & Assigns
The provisions hereof bind Debtor’s heirs, executors, administrators, and permitted assigns.

9.4 Severability
If any provision is unenforceable, the remaining provisions remain in full force unless such severance would materially prejudice a party.

9.5 Integration
This Petition, together with all Official Forms and the Plan, constitutes the entire filing under chapter 13.

9.6 Counterparts & Electronic Signatures
This Petition may be executed in multiple counterparts, each of which is deemed an original. Signatures in compliance with Local Rule 5005.1 and the Court’s Electronic Filing Procedures are binding.

X. EXECUTION BLOCK

I declare under penalty of perjury that the foregoing is true and correct.

Date: [DATE]

[DEBTOR NAME], Debtor

[JOINT DEBTOR NAME], Joint Debtor (if any)

Prepared By:

[ATTORNEY NAME], # [KS BAR NO.]
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Counsel for Debtor(s)

[NOTARY ACKNOWLEDGMENT if required for local filing]

[// GUIDANCE: Kansas does not require notarization of the Voluntary Petition itself; however, verify local practice for any accompanying affidavits.]

[// GUIDANCE:
1. Attach Required Official Forms. This template must be filed together with the current versions of Official Forms 101, 106A/B–J, 107, 122C-1, 122C-2, 113 (Plan), the KS-specific Plan Addendum (if any), and the Declaration re: Electronic Filing.
2. Local Rule Checklist. Confirm compliance with D. Kan. LBR 1007.1 (matrix), 1009.1 (amendments), 3015.1 (Chapter 13 Plan), and the Standing Chapter 13 Trustee’s “Best Practices” checklist.
3. Certificate of Service. If applicable, prepare a separate Certificate of Service for any notice issued concurrently.
4. Means Test Exemptions. If Debtor’s debts are non-consumer or Debtor qualifies as a “disabled veteran,” modify § 3.5 accordingly.
5. Electronic Signature Format. For CM/ECF filings, replace wet signatures with “/s/ [Typed Name]” and retain originals per D. Kan. LBR 5005.4.
Remove all bracketed placeholders and guidance comments before finalizing.]