DISCLAIMER (PLEASE READ CAREFULLY)
1. This template is provided for general informational purposes only and does not constitute legal advice or create an attorney–client relationship.
2. Bankruptcy practice is highly fact-specific and governed by both the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and district-specific Local Rules (Eastern and Western Districts of Kentucky).
3. Practitioners must review and comply with the most current Official Bankruptcy Forms, Local Rules, Standing Orders, and Chapter 13 Trustee guidelines applicable to the filing district before using or adapting this template.
4. All bracketed items — e.g., [DEBTOR NAME] — require attorney customization.
5. Always verify statutory citations and rule references against the latest published sources.
UNITED STATES BANKRUPTCY COURT
[EASTERN / WESTERN] DISTRICT OF KENTUCKY
In re: [DEBTOR NAME], Debtor.
Case No. [_-_] | Chapter 13
VOLUNTARY PETITION PACKAGE (CHAPTER 13)
(Court-Ready Master Template with KY-Specific Conformity)
[// GUIDANCE: This master template marries the mandatory Official Forms (OF 101, 106–113, 122C-1/2, etc.) with the structural requirements of KY Local Rules and Chapter 13 Trustee procedures. Use it as a drafting “wrapper” to ensure every required form, schedule, certification, and plan element is assembled, cross-referenced, and internally coherent before electronic filing via CM/ECF.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions (Petition & Initial Filings)
IV. Representations & Warranties
V. Covenants & Ongoing Duties
VI. Default & Remedies (Including Consequences of Non-Compliance)
VII. Risk Allocation & Disclosures
VIII. Dispute Resolution Mechanics
IX. General Provisions
X. Execution Block & Verification
I. DOCUMENT HEADER
- Title: “Voluntary Petition for Individuals Filing for Bankruptcy (Chapter 13).”
- Filing District: United States Bankruptcy Court, [E.D. Ky. / W.D. Ky.]
- Debtor Identity:
a. Name(s): [First Middle Last]
b. Prior Names (if any): [_____ ]
c. SSN/ITIN (last four digits): [____] - Joint Debtor (if applicable): [YES / NO]
- Address of Debtor: [Street Address, City, County, KY ZIP]
- Attorney for Debtor(s): [Name, Bar No., Firm, Address, Phone, Email]
- Chapter Selection: Chapter 13 (11 U.S.C. §301).
- Effective Filing Date (“Petition Date”): [MM/DD/YYYY]
- Statistical/Administrative Data:
• Estimated number of creditors [___]
• Estimated assets [range]
• Estimated liabilities [range]
II. DEFINITIONS
For ease of reference, capitalized terms used herein shall have the following meanings:
“Automatic Stay” – the injunction arising under 11 U.S.C. §362 upon the Petition Date.
“Bankruptcy Code” – Title 11 of the United States Code, 11 U.S.C. §§ 101 et seq.
“Debtor” – the individual(s) identified in Section I filing this Voluntary Petition.
“District Court” – U.S. Bankruptcy Court for the [Eastern / Western] District of Kentucky.
“Petition Date” – the date on which the Clerk dockets the Voluntary Petition.
“Plan” – the Chapter 13 plan filed pursuant to 11 U.S.C. §1321 and Local Rule 3015-1.
“Schedules” – the complete set of Official Forms 106A–J and related declarations.
“Trustee” – the Standing Chapter 13 Trustee appointed for this case.
[// GUIDANCE: Add or delete definitions to match fact pattern; keep alphabetical order.]
III. OPERATIVE PROVISIONS
A. Filing of Petition
1. Debtor hereby commences a voluntary case under Chapter 13 pursuant to 11 U.S.C. §301.
2. This Petition incorporates by reference all requisite Official Forms, including but not limited to:
• OF 101 – Voluntary Petition
• OF 106 series – Schedules A/B through J
• OF 107 – Statement of Financial Affairs
• OF 113 or District-Approved Local Plan Form
• OF 122C-1/2 – Chapter 13 Statement of Current Monthly Income
• Local Form 4 – Verification of Creditor Matrix (KY)
• Certificate of Credit Counseling (11 U.S.C. §109(h))
B. Filing Deadlines
1. Debtor shall file all Schedules, Statements, and Plan within 14 days of the Petition Date unless an extension is granted (Fed. R. Bankr. P. 1007(c)).
2. Any amendment to Schedules must be served on all affected parties and accompanied by the required amendment fee.
C. Chapter 13 Plan Requirements
1. Form: Debtor shall use Official Form 113 or the district-specific model plan (see LBR 3015-1).
2. Content: Plan must comply with 11 U.S.C. §§1322 & 1325 and specify:
a. Proposed monthly payment to Trustee;
b. Classification and treatment of claims (secured, priority, unsecured);
c. Assumed/executory contracts;
d. Valuation of collateral and lien avoidance intentions;
e. Treatment of domestic support and tax obligations;
f. Non-standard provisions clearly labeled in Section 10.
3. Service: Debtor’s counsel shall serve the Plan on all creditors in accordance with Fed. R. Bankr. P. 3015(d) and file a Certificate of Service.
D. Initial Payments
Debtor shall commence Plan payments not later than 30 days after the Petition Date, remitting funds as directed by the Trustee (11 U.S.C. §1326(a)(1)).
IV. REPRESENTATIONS & WARRANTIES
- Accuracy: Debtor represents that all information contained in this Petition, Schedules, and Plan is true and correct to the best of Debtor’s knowledge, information, and belief.
- Prior Filings: Debtor discloses all prior bankruptcy cases filed within the past eight (8) years.
- Credit Counseling: Debtor has received credit counseling from an approved agency within 180 days preceding the Petition Date (11 U.S.C. §109(h)).
- Domestic Support Obligations: Debtor lists all DSO recipients and amounts owing as of the Petition Date.
- Tax Returns: Debtor has filed all federal and state tax returns required under law for the four (4) years preceding the Petition Date.
Survival: Representations & Warranties shall survive dismissal or conversion of this case to the extent necessary to determine dischargeability or other contested matters.
V. COVENANTS & ONGOING DUTIES
- Plan Performance: Debtor shall make timely Plan payments and comply with all non-monetary provisions thereof.
- Cooperation: Debtor shall cooperate with the Trustee, including producing pay stubs, tax returns, and proof of insurance upon request (Fed. R. Bankr. P. 4002(b)).
- Post-Petition Taxes & Domestic Support: Debtor shall remain current on all post-petition tax filings and domestic support obligations (11 U.S.C. §1308).
- Insurance: Debtor shall maintain insurance on all property of the estate subject to a lien.
- Notice of Change: Debtor shall provide written notice to the Trustee and creditors of any change in address, employment, or income within seven (7) days.
Cure Period: Failure to comply with any covenant may be cured within thirty (30) days after written notice from the Trustee unless the Court orders otherwise.
VI. DEFAULT & REMEDIES
Events of Default:
a. Failure to commence or continue Plan payments.
b. Failure to turn over tax refunds or bonuses as required by the Plan.
c. Failure to provide documentation requested by Trustee.
d. Conversion or dismissal of case for cause.
Remedies:
1. Trustee Motion to Dismiss or Convert under 11 U.S.C. §1307(c).
2. Relief from Automatic Stay for secured creditors upon motion and order.
3. Assessment of reasonable attorney’s fees and costs against Debtor upon willful default.
VII. RISK ALLOCATION & DISCLOSURES
- Indemnification: Not applicable; estate administration governed by the Code.
- Limitation of Liability: Debtor’s liability to creditors is limited to payments under the confirmed Plan and non-dischargeable obligations.
- Force Majeure: Debtor may seek Plan modification under 11 U.S.C. §1329 upon material change in financial circumstances (e.g., job loss, medical emergency).
- Statutory Disclosures: Debtor acknowledges receipt of the “Notice Required by 11 U.S.C. §342(b)” explaining (i) the purpose, benefits, and costs of bankruptcy, (ii) alternatives to bankruptcy, and (iii) consequences of making a false statement.
VIII. DISPUTE RESOLUTION
- Governing Law: This case is governed exclusively by the United States Bankruptcy Code, applicable federal law, and the Local Rules of the United States Bankruptcy Court for the [Eastern / Western] District of Kentucky.
- Forum Selection: All disputes shall be adjudicated in the aforesaid Bankruptcy Court; arbitration is not available.
- Jury Waiver: To the extent a right to jury trial exists in any related adversary proceeding, Debtor knowingly and voluntarily waives such right except as expressly preserved under 28 U.S.C. §157(e).
- Injunctive Relief: The Automatic Stay under 11 U.S.C. §362 operates as an injunction binding all entities until modified by Court order.
IX. GENERAL PROVISIONS
- Amendments & Waivers: Must be in writing, filed with the Court, and approved as required under Fed. R. Bankr. P. 1009 or 3015.
- Assignment: Rights and obligations of Debtor may not be assigned without Court approval.
- Successors: The provisions of the confirmed Plan bind the Debtor, creditors, and the Trustee’s successors and assigns pursuant to 11 U.S.C. §1327.
- Severability: If any provision herein is unenforceable, the remainder shall remain in full force, subject to the Bankruptcy Code.
- Entire Agreement: This Petition, Schedules, and Plan constitute the entire statement of Debtor’s Chapter 13 proposal; no oral statements shall modify same.
- Electronic Signatures: Permitted in accordance with Administrative Procedures for Electronic Case Filing for the District.
X. EXECUTION BLOCK & VERIFICATION
Executed on [MM/DD/YYYY] at [City, Kentucky].
/s/ [DEBTOR NAME]
Debtor
/s/ [JOINT DEBTOR NAME] (if any)
Joint Debtor
VERIFICATION
I, the undersigned Debtor, declare under penalty of perjury that I have read the foregoing Voluntary Petition Package, including all accompanying Schedules, Statements, and Plan, and that they are true and correct.
ATTORNEY CERTIFICATION
/s/ [ATTORNEY NAME], KY Bar No. [_____]
Counsel for Debtor(s)
I certify that I have explained the relief available under each chapter of the Bankruptcy Code, the nature of the Chapter 13 plan, and the consequences of filing. I have no knowledge that the information provided is incorrect.
ATTACHMENT CHECKLIST (FILE IN THIS ORDER)
- Voluntary Petition (OF 101)
- Certificate of Credit Counseling
- Creditor Matrix & Verification
- Schedules A/B–J (OF 106 series)
- Declaration Concerning Schedules (OF 106Dec)
- Statement of Financial Affairs (OF 107)
- Chapter 13 Plan (OF 113 or Model Plan)
- Statement of Current Monthly Income (OF 122C-1/2)
- Payment Advices / Pay Stubs (last 60 days)
- Notice to Consumer Debtor(s) (Form 2010)
- Local Forms & Trustee Questionnaires (if any)
[// GUIDANCE: PDF-scan any wet-signature documents; review CM/ECF event codes; pay filing fee via Pay.gov or file Form 103A (Application to Pay in Installments).]
END OF TEMPLATE