DISCLAIMER
This template is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Bankruptcy practice is highly technical and fact-specific; attorneys should tailor this template to the client’s circumstances, verify all citations, and consult the Federal Rules of Bankruptcy Procedure, the Official Bankruptcy Forms, and the Local Rules for the applicable Louisiana district (Eastern, Middle, or Western) before filing.
CHAPTER 13 VOLUNTARY PETITION & PLAN PACKAGE
United States Bankruptcy Court – [DISTRICT] of Louisiana
(11 U.S.C. §§ 1301-1330; Fed. R. Bankr. P.; Local Rules)
[// GUIDANCE: This consolidated template combines the core pleading elements of Official Form 101 (Voluntary Petition for Individuals), Official Form 113 (Chapter 13 Plan), and selected Local Rule certifications. Replace bracketed items, attach all required Official Forms/Schedules, and conform margins, font size, barcodes, and signature blocks to the CM/ECF requirements of the selected Louisiana Bankruptcy Court.]
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TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Required Exhibits & Attachments (Checklist)
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1. DOCUMENT HEADER
1.1 Title
Voluntary Petition for Individuals Filing for Bankruptcy Under Chapter 13 and Proposed Chapter 13 Plan
1.2 Parties
(a) Debtor: [FULL LEGAL NAME] (“Debtor”)
(b) Joint Debtor (if any): [FULL LEGAL NAME] (“Joint Debtor,” and together with Debtor, “Debtors”)
(c) Standing Trustee: [TRUSTEE NAME] (“Trustee”)
1.3 Recitals
WHEREAS, Debtors seek relief under chapter 13 of title 11 of the United States Code (the “Bankruptcy Code”);
WHEREAS, Debtors intend to propose a plan to repay creditors from future income in accordance with 11 U.S.C. § 1322; and
WHEREAS, Debtors submit this Petition & Plan Package in compliance with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and the Local Rules and Standing Chapter 13 Trustee Procedures for the [DISTRICT] of Louisiana (collectively, the “Local Rules”).
1.4 Effective Date
The “Petition Date” shall be the date this document is electronically filed with the Clerk of the Court.
1.5 Jurisdiction & Venue
Jurisdiction is proper under 28 U.S.C. § 1334(a); venue lies in this District under 28 U.S.C. § 1408.
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2. DEFINITIONS
For purposes of this Petition & Plan Package, capitalized terms have the meanings set forth below. Any term used but not defined herein shall have the meaning ascribed in the Bankruptcy Code or Bankruptcy Rules.
“Allowed Claim” – A claim (secured, priority, or unsecured) that has been allowed by order of the Court or is deemed allowed under 11 U.S.C. § 502.
“Automatic Stay” – The injunctive relief arising upon the Petition Date pursuant to 11 U.S.C. § 362.
“Bankruptcy Rules” – The Federal Rules of Bankruptcy Procedure and the Official Bankruptcy Forms.
“Disposable Income” – The amount calculated under 11 U.S.C. § 1325(b)(2) & (3).
“District” – The United States Bankruptcy Court for the [Eastern / Middle / Western] District of Louisiana.
“Plan” – Debtors’ Chapter 13 plan attached hereto as Exhibit A, as may be modified or confirmed by the Court.
“Plan Payment” – The periodic amount Debtors shall remit to the Trustee under Section 3.3.
“Secured Claim” – An Allowed Claim entitled to treatment under 11 U.S.C. § 506 or § 1325(a)(5).
“Trustee” – The duly appointed Standing Chapter 13 trustee for cases pending in the District.
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3. OPERATIVE PROVISIONS
3.1 Commencement of Case
Debtors hereby commence a voluntary case under chapter 13 of the Bankruptcy Code by filing this Petition with all required Official Forms, Schedules, Statements, and Certificates.
3.2 Submission to Chapter 13 Trustee
Debtors shall:
(a) cooperate with Trustee;
(b) deliver to Trustee within 7 days after filing all paycheck stubs, tax returns, and Local Rule-mandated documents; and
(c) attend the § 341 meeting of creditors on the date noticed by the Clerk.
3.3 Plan Funding
(a) Plan Term: [60] months (or such shorter period as permitted by 11 U.S.C. § 1325(b)(4)).
(b) Plan Payment Amount: $[AMOUNT] paid [monthly/bi-weekly] beginning [DATE].
(c) Method: Wage deduction order to [EMPLOYER NAME] or direct ACH payments if self-employed.
[// GUIDANCE: Confirm District-specific wage order form requirements.]
3.4 Disbursements
Trustee shall distribute Plan Payments pursuant to the waterfall in Exhibit A, subject to Trustee’s statutory compensation under 28 U.S.C. § 586(e).
3.5 Deadlines
(a) Proofs of Claim: 70 days for non-governmental creditors; 180 days for governmental units (Bankr. R. 3002(c)).
(b) Plan Confirmation Hearing: Not less than 28 days after § 341 meeting (Bankr. R. 2002(b)).
3.6 Conditions Precedent to Confirmation
(a) Debtors are current on all domestic support obligations.
(b) Plan satisfies 11 U.S.C. § 1325(a) & (b).
(c) Debtors have completed credit counseling (11 U.S.C. § 109(h)).
(d) Compliance with Local Rule [RULE #] (re: tax returns, payment advices, and Trustee recommendations).
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4. REPRESENTATIONS & WARRANTIES
4.1 Eligibility
Debtors’ non-contingent, liquidated, unsecured debts are less than $[465,275] and secured debts are less than $[1,395,875] as required by 11 U.S.C. § 109(e).
[*Adjust for current statutory caps.]
4.2 Accuracy of Schedules
Debtors represent that all Schedules and the Statement of Financial Affairs are true, correct, and complete to the best of their knowledge, information, and belief.
4.3 Good-Faith Filing
Debtors warrant that this case is filed in good faith and not for the purpose of hindering, delaying, or defrauding creditors.
4.4 Tax Compliance
All federal and state tax returns due as of the Petition Date have been filed, or an extension has been obtained.
4.5 Survival
The representations and warranties in this Section survive confirmation and remain binding until the case is dismissed or discharged.
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5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants
(a) Timely Plan Payments to Trustee.
(b) Turnover of tax refunds in excess of $[AMOUNT] annually, unless otherwise ordered.
(c) Maintenance of all insurance on property that secures any Secured Claim.
(d) Compliance with post-petition domestic support obligations.
5.2 Negative Covenants
(a) No additional debt over $1,000 without Court approval.
(b) No sale, transfer, or encumbrance of property outside the ordinary course absent Court order.
(c) No modification of payroll deduction order without Trustee consent.
5.3 Notice & Cure
In the event of a post-confirmation payment default, Trustee or affected creditor shall provide 10 days’ written notice to Debtors and counsel. Debtors may cure the default within 30 days before the Trustee may move to dismiss.
[// GUIDANCE: District-specific “Uniform Default Order” language may supersede the foregoing.]
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6. DEFAULT & REMEDIES
6.1 Events of Default
(a) Failure to make any Plan Payment when due.
(b) Failure to cure post-petition mortgage arrearage as provided in the Plan.
(c) Breach of any covenant in Section 5.
6.2 Trustee & Creditor Remedies
Upon default, Trustee or any party in interest may move for:
(i) Dismissal of the case under 11 U.S.C. § 1307(c);
(ii) Conversion to chapter 7; or
(iii) Relief from the Automatic Stay under 11 U.S.C. § 362(d) for secured creditors.
6.3 Attorney’s Fees
Reasonable attorney’s fees incurred to cure or enforce Plan provisions shall be added to the secured creditor’s claim upon Court approval.
6.4 Graduated Consequences
First default: Notice & opportunity to cure.
Second default: Conditional dismissal order.
Third default: Immediate dismissal with one-year bar to re-filing, unless Court orders otherwise.
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7. RISK ALLOCATION
7.1 Indemnification
Not applicable.
7.2 Limitation of Liability
Debtors’ liability to creditors is strictly limited to payments provided under the confirmed Plan, except as otherwise ordered or provided by the Bankruptcy Code.
7.3 Force Majeure
If Debtors’ ability to fund the Plan is materially impaired by unforeseen circumstances (e.g., job loss, natural disaster), Debtors may seek Plan modification under 11 U.S.C. § 1329.
[// GUIDANCE: Some Louisiana districts require a “Moratorium Motion” for temporary suspension of payments.]
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8. DISPUTE RESOLUTION
8.1 Governing Law
This case is governed by the Bankruptcy Code, the Bankruptcy Rules, and, to the extent not inconsistent, the laws of the United States.
8.2 Forum Selection
All proceedings shall be brought in the United States Bankruptcy Court for the [DISTRICT] of Louisiana.
8.3 Arbitration
Arbitration is not available.
8.4 Jury Waiver
To the extent a right to jury trial exists in any contested matter within this bankruptcy case, Debtors knowingly waive such right, subject to Court approval.
8.5 Injunctive Relief
The Automatic Stay of 11 U.S.C. § 362 remains in full force and effect unless modified by Court order.
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9. GENERAL PROVISIONS
9.1 Amendments & Waivers
Plan modifications require notice and hearing under 11 U.S.C. § 1329 and Bankruptcy Rule 3015(h). No informal waiver shall be effective unless set forth in a written stipulation approved by the Court.
9.2 Assignment
Debtors may not assign rights or delegate duties under the Plan without Court approval.
9.3 Successors & Assigns
Plan provisions bind Debtors, creditors, Trustee, and their respective successors and assigns.
9.4 Severability
If any provision is unenforceable, the remainder shall remain in effect to the fullest extent permitted by law.
9.5 Integration
Upon confirmation, the Plan (including any amendments) constitutes the entire agreement among Debtors, Trustee, and creditors regarding treatment of claims.
9.6 Counterparts & Electronic Signatures
This Petition & Plan Package may be executed in counterparts and by electronic signature in compliance with Local Rule [RULE #] and the CM/ECF Administrative Procedures.
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10. EXECUTION BLOCK
Executed on this ___ day of ____, 20__.
Debtor: ____
Name: ____
Address: ____
Last 4 digits of SSN: --____
Joint Debtor (if any): ___
Name: _____
Address: ____
Last 4 digits of SSN: --____
Attorney for Debtor(s): ____
Firm Name: ____
Bar No.: ______
Phone: _______
[NOTARY BLOCK – use if required for real-property recordation or Local Rule compliance]
[// GUIDANCE: The Louisiana Bankruptcy Courts generally do not require notarization of the Petition itself, but certain affidavits (e.g., verification of creditor matrix) may require jurat language.]
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11. REQUIRED EXHIBITS & ATTACHMENTS (CHECKLIST)
☐ Exhibit A – Chapter 13 Plan (Official Form 113 with Louisiana District-specific addenda)
☐ Exhibit B – Schedules A/B through J (Official Forms 106A/B-106J)
☐ Exhibit C – Statement of Financial Affairs (Official Form 107)
☐ Exhibit D – Summary of Assets and Liabilities / Statistical Summary (Official Form 106Sum)
☐ Exhibit E – Declaration About Debtor’s Schedules (Official Form 106Dec)
☐ Exhibit F – Verification of Creditor Matrix (Local Form)
☐ Exhibit G – Credit Counseling Certificate (11 U.S.C. § 109(h))
☐ Exhibit H – Pay Advices Cover Sheet & Redacted Proof of Income (Local Rule [RULE #])
☐ Exhibit I – Domestic Support Obligation Checklist (if applicable)
☐ Exhibit J – Statement of Current Monthly Income & Means Test Calculation (Official Form 122C-1/2)
☐ Exhibit K – Wage Deduction Order (proposed) or ACH Authorization
☐ Exhibit L – Plan Confirmation Worksheet (Trustee-required)
☐ Exhibit M – Certificate of Service (Bankr. R. 2002 & Local Rule compliance)
[// GUIDANCE: Always review the latest “Checklist for Chapter 13 Filings” on the Clerk’s website for the selected Louisiana District, as local requirements and form numbers change periodically.]
END OF TEMPLATE