UNITED STATES BANKRUPTCY COURT

DISTRICT OF MASSACHUSETTS

CHAPTER 13 VOLUNTARY PETITION & PLAN – MASTER TEMPLATE

[// GUIDANCE:
1. This template synthesizes (i) Official Form 101 (Voluntary Petition for Individuals Filing for Bankruptcy), (ii) Official Form 113 (Chapter 13 Plan), and (iii) the Local Chapter 13 Plan requirements of the U.S. Bankruptcy Court for the District of Massachusetts (“MA Plan”).
2. It is drafted for use by Massachusetts counsel and must be conformed to the most current federal forms, Massachusetts Local Bankruptcy Rules (“MLBR”), Standing Orders, and Chapter 13 Trustee guidelines in effect on the filing date.
3. Bracketed items are attorney-editable placeholders. Delete all guidance notes before filing.
]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

(Internal cross-references are hyperlinked for electronic versions.)

I. DOCUMENT HEADER

1.1 Title.
VOLUNTARY PETITION & CHAPTER 13 PLAN OF [DEBTOR FULL LEGAL NAME] (and, if applicable, [JOINT DEBTOR FULL LEGAL NAME]) (“Debtor”).

1.2 Parties & Case Information.
• Debtor 1 SSN/ITIN (Last 4): __ __ __ __  • Debtor 2 SSN/ITIN (Last 4): __ __ __
• Address: [STREET, CITY, STATE MA, ZIP]
• Chapter: 13  • Division: [Boston / Worcester / Springfield]
• Case No.: __ (assigned by Clerk upon filing)

1.3 Recitals.
WHEREAS, Debtor seeks relief under chapter 13 of title 11 of the United States Code (the “Bankruptcy Code”); and
WHEREAS, venue is proper in this District pursuant to 28 U.S.C. § 1408;

NOW, THEREFORE, Debtor hereby submits this Voluntary Petition and proposed Chapter 13 Plan (collectively, the “Petition”) effective as of the Petition Date (defined below).

II. DEFINITIONS

For purposes of this Petition, the following capitalized terms have the meanings set forth below. Any term used but not defined herein has the meaning assigned in the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure (“FRBP”), or the MLBR.

“Automatic Stay” – The stay imposed by 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.).
“Confirmation Order” – The order confirming the Plan pursuant to 11 U.S.C. § 1325.
“Disposable Income” – As defined in 11 U.S.C. § 1325(b)(2).
“MA Plan” – The model Chapter 13 plan required by MLBR 13-8 and any Standing Orders.
“Petition Date” – The date the Clerk of Court files this Petition.
“Plan” – Debtor’s Chapter 13 repayment plan, as may be amended or modified.
“Trustee” – The Standing Chapter 13 Trustee for the applicable division.

[// GUIDANCE: Add or delete defined terms as necessary, ensure consistency throughout.]

III. OPERATIVE PROVISIONS

3.1 Voluntary Petition & Jurisdiction.
(a) Debtor files this Petition under 11 U.S.C. § 301.
(b) The Court has jurisdiction under 28 U.S.C. § 1334; this is a core proceeding under 28 U.S.C. § 157(b)(2)(A), (L), (O).

3.2 Eligibility.
Debtor’s non-contingent, liquidated secured and unsecured debts are within the limits of 11 U.S.C. § 109(e) as of the Petition Date.

3.3 Credit Counseling Compliance.
Debtor completed an approved credit-counseling course within 180 days pre-petition or qualifies for a statutory exemption under 11 U.S.C. § 109(h). [ATTACH CERTIFICATE / EXEMPTION.]

3.4 Filing Fee.
Debtor (i) pays the full filing fee upon filing, or (ii) requests payment in installments per FRBP 1006(b).

3.5 Schedules & Statements.
Contemporaneously with this Petition, Debtor files:
• Schedules A/B–J;
• Summary of Assets & Liabilities;
• Declaration About Debtor’s Schedules;
• Statement of Financial Affairs (Official Form 107);
• Creditor Mailing Matrix per MLBR 1007-1.

3.6 Automatic Stay.
The Automatic Stay takes effect per 11 U.S.C. § 362(a) and continues until the earlier of case dismissal, discharge, or further Court order.

3.7 Chapter 13 Plan.
[// GUIDANCE: Insert the MA Plan verbatim or attach as a separate document. Key customizable Plan terms are summarized below for drafting convenience.]

3.7.1 Plan Term & Payments.
• Plan Length: [36 / 60] months.
• Payment Frequency: [Weekly / Bi-Weekly / Monthly].
• Payment Amount: $[AMOUNT] commencing no later than 30 days after the Petition Date in accordance with 11 U.S.C. § 1326(a)(1).
• Payment Method: [ACH / Employer Wage Order / Money Order per Trustee guidelines].

3.7.2 Secured Claims.
(a) Real Property – [TREATMENT: cure and maintain / strip lien § 506 / surrender].
(b) Motor Vehicles – [cram-down § 1325(a)(9) if eligible] at [__]% interest.
(c) Adequate Protection – Pre-confirmation adequate-protection payments per 11 U.S.C. § 1326(a)(1)(C) of $[AMOUNT] to [SECURED CREDITOR].

3.7.3 Domestic Support Obligations (“DSO”).
Debtor will remain current post-petition. Pre-petition arrears of $[AMOUNT] shall be paid in full through the Plan.

3.7.4 Priority & General Unsecured Claims.
• Priority claims (11 U.S.C. §§ 507(a)(1)–(10)) paid in full.
• General unsecured creditors will receive a [__]% dividend, or no less than Debtor’s projected disposable income pursuant to 11 U.S.C. § 1325(b).

3.7.5 Executory Contracts & Unexpired Leases.
Debtor [assumes / rejects] the agreements listed in Schedule G. Cure amounts to be paid through the Plan.

3.7.6 Vesting of Property.
Property of the estate shall [re-vest in Debtor upon confirmation / upon discharge] (select pursuant to MA Plan Part 9).

3.8 Trustee Rights & Duties.
The Trustee shall administer Plan payments, monitor compliance, and file periodic reports per 11 U.S.C. § 1302 and MLBR 13-3.

3.9 Confirmation.
The Plan shall be confirmed upon entry of the Confirmation Order if requirements of 11 U.S.C. § 1325 and applicable MLBR are met.

3.10 Post-Petition Duties.
(a) Tax Returns – Debtor will timely file post-petition returns (11 U.S.C. § 1308).
(b) Insurance – Maintain insurance on all estate property subject to liens.
(c) Additional Documents – Provide pay advices and annual tax returns to the Trustee upon request (11 U.S.C. § 521(f)).

IV. REPRESENTATIONS & WARRANTIES

4.1 Accuracy.
Debtor represents that all information in the Petition, Schedules, and Plan is true, complete, and correct to the best of Debtor’s knowledge.

4.2 Good Faith.
Debtor is filing this Petition and Plan in good faith and not for any improper purpose (11 U.S.C. § 1325(a)(3)).

4.3 Prior Bankruptcy Cases.
Any prior bankruptcy cases filed within the preceding eight (8) years are fully disclosed in Part 10 of Official Form 101.

4.4 Ability to Make Payments.
Debtor reasonably anticipates sufficient regular income to make all Plan payments (11 U.S.C. § 1325(a)(6)).

[// GUIDANCE: Add materiality qualifiers or survival language if desired; most reps merge into the FRBP 1008 verification.]

V. COVENANTS & RESTRICTIONS

5.1 Payment Covenant.
Debtor shall make timely Plan payments as set forth in Section 3.7.1.

5.2 No Post-Petition Debt Without Approval.
Debtor shall not incur credit or debt exceeding $[AMOUNT] in the aggregate during the Plan term without Trustee and Court approval, except for ordinary household expenses.

5.3 Insurance & Taxes.
Debtor shall keep all collateral insured and pay all post-petition taxes when due.

5.4 Information Covenant.
Debtor shall furnish updated financial information reasonably requested by the Trustee.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Failure to make any Plan payment within thirty (30) days of due date;
(b) Failure to provide required documents within the time ordered;
(c) Material misrepresentation in the Petition, Schedules, or Plan;
(d) Failure to remain current on post-petition DSO or mortgage payments as required.

6.2 Notice & Cure.
Upon written notice of default by the Trustee or an affected creditor, Debtor has a fourteen (14) day cure period unless a shorter period is authorized by the Court.

6.3 Remedies.
If uncured, the Trustee or creditor may move for (i) dismissal, (ii) conversion to chapter 7, or (iii) modification of the Automatic Stay per 11 U.S.C. §§ 349, 1307, 362(d).

6.4 Attorney Fees.
Reasonable attorney fees and costs incurred in enforcing the Plan may be allowed and paid as an administrative expense under 11 U.S.C. § 503(b), subject to Court approval.

VII. RISK ALLOCATION

7.1 Indemnification.
Not applicable – claims are administered and capped through Plan distributions.

7.2 Limitation of Liability.
Debtor’s liability on pre-petition claims is limited to the payments provided for in the confirmed Plan and any nondischargeable balances as determined under 11 U.S.C. § 523.

7.3 Force Majeure / Material Financial Change.
In the event of a material change in circumstances beyond Debtor’s control (e.g., illness, job loss), Debtor may move to (i) modify the Plan under 11 U.S.C. § 1329, (ii) request a hardship discharge under 11 U.S.C. § 1328(b), or (iii) convert to chapter 7.

VIII. DISPUTE RESOLUTION

8.1 Governing Law.
This case is governed exclusively by the Bankruptcy Code, the FRBP, and the MLBR.

8.2 Forum Selection.
All proceedings shall be filed and heard in the U.S. Bankruptcy Court for the District of Massachusetts.

8.3 Arbitration.
Arbitration is unavailable; disputes are resolved by the Bankruptcy Court.

8.4 Jury Waiver.
To the extent a matter is triable by jury under applicable law, Debtor knowingly and voluntarily waives any right to a jury trial, subject to the Bankruptcy Court’s limited jury jurisdiction and any district-court withdrawal under 28 U.S.C. § 157(e).

8.5 Injunctive Relief.
The Automatic Stay provides injunctive relief as of the Petition Date; additional injunctive or equitable relief may be sought by motion.

IX. GENERAL PROVISIONS

9.1 Amendment & Modification.
This Plan may be modified before confirmation per FRBP 3015(b) or after confirmation per 11 U.S.C. § 1329.

9.2 Waiver.
No waiver of a default is valid unless in writing and approved by the Court.

9.3 Assignment.
Neither this Plan nor the right to receive a discharge is assignable.

9.4 Successors & Assigns.
The obligations herein bind Debtor’s estate, heirs, and permitted assigns.

9.5 Severability.
If any provision is unenforceable, the remainder of the Plan remains in full force.

9.6 Integration.
This Petition, including the Schedules and Plan, constitutes the entire agreement between Debtor and creditors concerning treatment of pre-petition claims.

9.7 Counterparts; Electronic Signatures.
This Petition may be executed in multiple counterparts and filed with electronic signatures in compliance with FRBP 5005 and MLBR 5005-4.

X. EXECUTION BLOCK

UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE EXAMINED THIS PETITION, INCLUDING ACCOMPANYING SCHEDULES, STATEMENTS, AND PLAN, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF THEY ARE TRUE, CORRECT, AND COMPLETE.

[// GUIDANCE: Notarization is not required for electronic filing in Massachusetts; if physical signatures are used, add proper jurat.]

CERTIFICATE OF SERVICE

I, [NAME], certify that on [DATE] a true copy of this Petition and Plan was served on the Trustee and all creditors via the Court’s CM/ECF system or first-class U.S. Mail, postage prepaid.

End of Document