UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
In re:
[DEBTOR FULL LEGAL NAME]
[JOINT DEBTOR FULL LEGAL NAME (if any)]
Debtor(s)
Chapter 13
Case No.: [To be assigned by Clerk]
VOLUNTARY PETITION PACKAGE
(Chapter 13 – Individual(s) With Regular Income)
[// GUIDANCE: This template is drafted for use in the District of Maryland and is intended to accompany the Official Bankruptcy Forms. It integrates the most common local‐rule requirements and trustee practice pointers. Replace every bracketed placeholder before filing. Double-check current versions of every Official Form and Local Bankruptcy Rule immediately prior to use.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Core Petition Statements & Jurisdictional Allegations
IV. Schedules & Statement of Financial Affairs – Master Checklist
V. Chapter 13 Plan (Local Form)
VI. Representations, Warranties & Debtor Certifications
VII. Covenants & Post-Petition Duties
VIII. Default, Conversion & Remedies Framework
IX. Dispute Resolution, Governing Law & Jury Waiver
X. General Provisions
XI. Execution Block
I. DOCUMENT HEADER
- Caption (see above).
- Petition Date: [PETITION DATE]
- Chapter Elected: 13 (11 U.S.C. § 301)
- Venue & Eligibility: Debtor(s) have had domicile, residence, principal place of business, or principal assets in the District of Maryland for the greater portion of the 180-day period preceding the Petition Date.
- Nature of Debt: Primarily [CONSUMER / BUSINESS] (select one).
- Prior Bankruptcy Cases within 8 Years: [CASE NO. / “None”]
II. DEFINITIONS
(Alphabetical; used consistently throughout)
“Automatic Stay” – The injunction arising under 11 U.S.C. § 362 upon the Petition Date.
“Bankruptcy Code” or “Code” – Title 11 of the United States Code.
“Chapter 13 Plan” or “Plan” – The repayment plan submitted under 11 U.S.C. §§ 1321-1325 and Local Bankruptcy Rule 3015-1.
“Court” – The United States Bankruptcy Court for the District of Maryland.
“Debtor” – The individual filing this Petition; “Joint Debtor” includes any spouse filing jointly.
“Petition Package” – Collectively, this Voluntary Petition, Schedules, Statement of Financial Affairs, Chapter 13 Plan, creditor matrix, and all certificates required under Local Rules.
“Trustee” – The standing Chapter 13 trustee assigned to this case.
III. CORE PETITION STATEMENTS & JURISDICTIONAL ALLEGATIONS
A. Petition Filing. Debtor hereby commences a voluntary case under Chapter 13 pursuant to 11 U.S.C. § 301.
B. Jurisdiction. The Court has jurisdiction under 28 U.S.C. §§ 157 & 1334; this matter is a core proceeding under 28 U.S.C. § 157(b).
C. Venue. Venue is proper in this District pursuant to 28 U.S.C. § 1408.
D. Eligibility. As of the Petition Date, Debtor’s noncontingent, liquidated, unsecured debts are less than the statutory maximum set by 11 U.S.C. § 109(e); secured debts are likewise within the statutory cap.
E. Credit Counseling. Debtor received credit counseling within 180 days pre-petition and attaches Official Form 101, Part 5 certificate.
F. Plan Submission. Debtor shall file a Chapter 13 Plan contemporaneously with this Petition or within 14 days as permitted by Fed. R. Bankr. P. 3015(b).
IV. SCHEDULES & STATEMENT OF FINANCIAL AFFAIRS – MASTER CHECKLIST
[// GUIDANCE: Insert “✔” once completed. All Official Forms are mandatory; omission is grounds for dismissal.]
- Schedule A/B (Property) – Official Form 106A/B [ ]
- Schedule C (Exemptions – Maryland or federal § 522(d)) [ ]
- Schedule D (Secured Claims) [ ]
- Schedule E/F (Priority/Unsecured Claims) [ ]
- Schedule G (Executory Contracts & Leases) [ ]
- Schedule H (Codebtors) [ ]
- Schedule I (Income) [ ]
- Schedule J (Expenses) [ ]
- Summary of Assets & Liabilities (Form 106Sum) [ ]
- Statement of Financial Affairs (Form 107) [ ]
- Chapter 13 Statement of Current Monthly Income & Calculation of Commitment Period (Form 122C-1) [ ]
- Chapter 13 Calculation of Disposable Income (Form 122C-2) [ ]
- Creditor Mailing Matrix – Verified [ ]
V. CHAPTER 13 PLAN (DISTRICT OF MARYLAND LOCAL FORM)
[// GUIDANCE: The District of Maryland requires use of the single, court-approved plan form. Embed the most current version or attach as a separate exhibit.]
Key Plan Provisions (to be completed in the Local Form):
1. Plan Term: [ ] months (36–60 months per 11 U.S.C. § 1322(d)).
2. Payment Amount: $[ ] per [month/bi-weekly] to Trustee commencing [First Due Date] (11 U.S.C. § 1326(a)(1)).
3. Priority Claims: 100 % payment unless otherwise consented (11 U.S.C. § 1322(a)(2)).
4. Secured Treatment: Specify collateral, valuation, interest rate, and cram-down if applicable.
5. Unsecured Dividend: Estimated [ ]% (subject to disposable-income test, 11 U.S.C. § 1325(b)).
6. Executory Contracts/Leases: [Assume / Reject] (identify individually).
7. Vesting of Property: [Upon confirmation / discharge].
8. Special Provisions: (e.g., nonstandard language, lien stripping, conduit mortgage payments) – clearly labeled.
VI. REPRESENTATIONS, WARRANTIES & DEBTOR CERTIFICATIONS
- Accuracy. Debtor represents all information in this Petition Package is true and correct to the best of Debtor’s knowledge, information, and reasonable belief (Fed. R. Bankr. P. 9011).
- Good-Faith Filing. Debtor warrants the filing is in good faith and not intended to hinder, delay, or defraud creditors (11 U.S.C. § 1325(a)(3)).
- Tax Filings. Debtor has filed all federal, state, and local tax returns required as of the Petition Date or will file same prior to § 341 meeting (11 U.S.C. § 1308).
- Domestic Support Obligations. Debtor has disclosed all domestic support obligations and affirms payment of post-petition amounts as they fall due (11 U.S.C. § 1325(a)(8)).
- Disposable Income Test. Debtor certifies the Plan dedicates all projected disposable income for the applicable commitment period as calculated under 11 U.S.C. § 1325(b)(2).
- Means Test Accuracy. Form 122C-1/2 calculations are complete, accurate, and supported by documentation.
- Payment Advices. Copies of payment advices (or “no-document” affidavit) covering the 60 days pre-petition are attached per 11 U.S.C. § 521(a)(1)(B)(iv).
VII. COVENANTS & POST-PETITION DUTIES
- Plan Payments. Debtor shall tender each Plan payment to the Trustee by electronic transfer or cashier’s check no later than the [day] of each month.
- Insurance. Debtor shall maintain insurance on all property subject to a security interest.
- Tax Returns Post-Petition. Debtor shall timely file all returns and supply copies to the Trustee within 14 days of filing.
- Reporting Windfalls. Bonuses, inheritances, or other windfalls exceeding $[THRESHOLD] shall be reported to Trustee within 14 days and treated as additional disposable income.
- Address Changes. Debtor shall promptly update the Court, Trustee, and any affected creditor.
VIII. DEFAULT, CONVERSION & REMEDIES FRAMEWORK
- Payment Default.
a. Grace Period: 15 days.
b. Cure: Full arrearage plus Trustee-approved late charge. - Material Default (non-monetary).
a. Trustee may file motion to dismiss or convert after 21 days’ notice and opportunity to cure. - Conversion / Dismissal Election. Debtor retains right to convert to Chapter 7 under 11 U.S.C. § 1307(a) at any time.
- Adequate Protection. Secured creditors may seek relief from stay upon post-petition default, subject to applicable § 362 and local procedure.
- Attorney Fees. Reasonable, court-approved fees and expenses incurred enforcing the Plan or this Petition Package shall be administrative expenses under 11 U.S.C. § 503(b).
IX. DISPUTE RESOLUTION, GOVERNING LAW & JURY WAIVER
- Governing Law. All questions concerning the construction, validity, and enforcement of the Plan and this Petition Package shall be governed by the Bankruptcy Code, Federal Rules of Bankruptcy Procedure, and, where applicable, the laws of the State of Maryland.
- Forum Selection. Exclusive jurisdiction and venue lie in the United States Bankruptcy Court for the District of Maryland.
- Arbitration. Arbitration is not available for core bankruptcy matters.
- Jury Waiver. To the extent a jury trial could otherwise be demanded in any non-core proceeding, Debtor knowingly and voluntarily waives such right, subject to constitutional limitations and the bankruptcy court’s authority to conduct jury trials.
- Injunctive Relief. The automatic stay under 11 U.S.C. § 362 constitutes injunctive relief enforceable by this Court; willful violations expose parties to sanctions and damages.
X. GENERAL PROVISIONS
- Amendment & Supplementation. Debtor may amend Schedules, Statements, or the Plan in accordance with Fed. R. Bankr. P. 1009 and Local Bankruptcy Rules.
- Successors & Assigns. Obligations herein bind Debtor’s bankruptcy estate and any successor trustee.
- Severability. Invalidity of any provision shall not affect remaining provisions, which shall be construed to effectuate the Debtor’s rehabilitation intent.
- Integration. This Petition Package, together with the Official Forms and Plan, constitutes the entire filing required by 11 U.S.C. § 521 and Fed. R. Bankr. P. 1007 for commencement of a Chapter 13 case.
- Electronic Signatures. Debtor’s attorney may file this document electronically; Debtor’s original “wet” signature must be retained for five years per Local Rule and Fed. R. Bankr. P. 5005(a)(2).
- Counterparts. This Petition Package may be executed in multiple counterparts, each of which shall be deemed an original.
XI. EXECUTION BLOCK
Debtor
I declare under penalty of perjury that the information provided in this Petition Package is true and correct.
Signature: ____
Printed Name: ____
Date: ______
Joint Debtor (if any)
Signature: ____
Printed Name: ____
Date: ______
Attorney for Debtor(s)
Signature: _______
[ATTORNEY NAME], Bar No. [__]
Firm: [LAW FIRM NAME]
Address: [ADDRESS]
Phone: [PHONE] | Email: [EMAIL]
Date: _______
[Notary block only if required for specific declarations under state law – generally not required for federal bankruptcy forms.]
ATTACHMENTS & REQUIRED EXHIBITS
- Credit Counseling Certificate (Official Form 101, Part 5).
- Statement of Current Monthly Income (Forms 122C-1 & 122C-2).
- Payment Advices or Affidavit.
- Chapter 13 Plan (Local Form).
- Creditor Matrix (verified).
- Disclosure of Compensation of Attorney (Form 2030).
[// GUIDANCE: Prior to filing, validate the Petition Package using the most recent Clerk’s “Chapter 13 Checklist” for the District of Maryland, confirm compliance with trustee’s preferred order of documents, and pay the required filing fee or submit an Application to Pay Filing Fee in Installments (Official Form 103A) if applicable.]
STATUTORY REFERENCES (core & well-established)
• Voluntary Petition Authority – 11 U.S.C. § 301
• Debtor’s Duties – 11 U.S.C. § 521
• Automatic Stay – 11 U.S.C. § 362
• Chapter 13 Plan Filing – 11 U.S.C. § 1321
• Plan Content – 11 U.S.C. § 1322
• Plan Confirmation Standards – 11 U.S.C. § 1325
• Plan Payments – 11 U.S.C. § 1326
Prepared on [DATE] in accordance with the Federal Rules of Bankruptcy Procedure, the Local Bankruptcy Rules for the District of Maryland, and the standing Chapter 13 trustee’s published guidelines. This template is provided for informational purposes only and does not constitute legal advice.