TEMPLATE – CHAPTER 13 VOLUNTARY PETITION & PLAN PACKAGE
U.S. BANKRUPTCY COURT, DISTRICT OF MAINE
[// GUIDANCE: This template is intended to accompany the Official Bankruptcy Forms (e.g., Official Form 101, 106 series, 107, 113) required under 11 U.S.C. § 301 and Fed. R. Bankr. P. 1007. It provides professionally drafted supplemental provisions, definitions, and Maine-specific language that practicing attorneys may integrate into the Official Forms and the District of Maine’s Model Chapter 13 Plan. Customize bracketed items before filing. Do not omit any Official Form or required local form.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
VOLUNTARY PETITION UNDER CHAPTER 13 OF THE BANKRUPTCY CODE
In re: [DEBTOR LEGAL NAME(S)], Debtor(s)
Case No.: [To be assigned]
Date Filed: [MM/DD/YYYY]
Jurisdiction: United States Bankruptcy Court for the District of Maine (“Court”)
Recitals
A. Debtor(s) seek relief under Chapter 13 of Title 11 of the United States Code (11 U.S.C. §§ 101–1532).
B. This Petition, Schedules, Statements, and Chapter 13 Plan (collectively, the “Petition Package”) are submitted in compliance with applicable federal law, the District of Maine Local Bankruptcy Rules (“ME LBR”), and the Standing Chapter 13 Trustee’s published procedures.
C. Debtor(s) have provided full, complete, and accurate information to the best of their knowledge, information, and belief.
Effective Date
This Petition Package becomes effective upon filing with the Clerk of the Court and entry of the automatic stay pursuant to 11 U.S.C. § 362.
2. DEFINITIONS
“Automatic Stay” – The injunction arising under 11 U.S.C. § 362 upon the filing of the Petition, prohibiting specified creditor actions.
“Code” – Title 11 of the United States Code.
“Disposable Income” – Income determined under 11 U.S.C. § 1325(b)(2) & (3).
“ME LBR” – The Local Bankruptcy Rules for the District of Maine, as amended.
“Petition Date” – The date the Voluntary Petition is filed.
“Plan” – The Chapter 13 Plan submitted on the District of Maine Model Plan form (Official Form 113, as modified by ME LBR 3015-1).
“Trustee” – The duly appointed Standing Chapter 13 Trustee for the District of Maine.
[// GUIDANCE: Insert any additional defined terms used consistently throughout the schedules and plan.]
3. OPERATIVE PROVISIONS
3.1 Filing Requirements
(a) Debtor(s) shall file:
i. Official Form 101 (Voluntary Petition);
ii. Schedules A/B–J and Summary of Assets & Liabilities (Official Forms 106A/B–106J, 106Sum);
iii. Statement of Financial Affairs (Official Form 107);
iv. Chapter 13 Statement of Current Monthly Income & Calculation of Commitment Period (Official Form 122C-1) and Disposable Income Calculation (Official Form 122C-2) where applicable;
v. Creditor Matrix in ME LBR-compliant format;
vi. Chapter 13 Plan; and
vii. Certificate of Credit Counseling or motion for temporary waiver.
(b) All documents must conform to ME LBR formatting (e.g., 14-point font, one-inch margins, docket event selection).
3.2 Payment Terms
(a) Debtor(s) shall commence Plan payments of $ [AMOUNT] per [MONTH/BI-WEEK], beginning no later than 30 days after the Petition Date, remitted in accordance with Trustee guidelines.
(b) Payments shall continue for a commitment period of [36/60] months, or such shorter or longer period as may be approved by the Court under 11 U.S.C. § 1322(d).
3.3 Plan Treatment of Claims
[// GUIDANCE: Mirror the structure of the Model Plan form—secured claims, priority claims, executory contracts, unsecured claims, etc. Use subparagraph cross-references to the Plan section numbers.]
3.4 Conditions Precedent
(a) Entry of an order confirming the Plan (“Confirmation Order”).
(b) Payment of applicable filing fees in full or approval of an installment schedule under Fed. R. Bankr. P. 1006(b).
4. REPRESENTATIONS & WARRANTIES
4.1 Debtor(s) represent that:
(a) All information provided in the Petition Package is true, correct, and complete.
(b) They have no pending bankruptcy cases within the preceding 180 days that were dismissed for willful failure to appear or comply.
(c) They have received credit counseling within 180 days of the Petition Date in compliance with 11 U.S.C. § 109(h).
4.2 Survival
These representations survive conversion, dismissal, or discharge unless expressly superseded by Court order.
5. COVENANTS & RESTRICTIONS
5.1 Post-Petition Tax Returns
Debtor(s) shall file all federal and state tax returns that become due during the case and provide copies to the Trustee within 14 days of filing.
5.2 New Debt
Except as permitted by 11 U.S.C. § 1305 or by Court order, Debtor(s) shall not incur post-petition consumer debt exceeding $ [THRESHOLD] without prior Trustee approval.
5.3 Insurance
Debtor(s) shall maintain insurance on all property of the estate subject to a lien, naming the lienholder as loss payee where required by contract.
6. DEFAULT & REMEDIES
6.1 Events of Default
(a) Failure to make any Plan payment within 30 days of its due date.
(b) Failure to provide required documentation to the Trustee within specified deadlines.
(c) Material misrepresentation in the Petition Package.
6.2 Notice & Cure
Upon default, the Trustee or affected creditor shall serve written notice specifying the default. Debtor(s) shall have 21 days to cure unless the Court orders otherwise.
6.3 Remedies
Failure to timely cure may result in:
(a) Trustee motion to dismiss or convert;
(b) Relief from stay under 11 U.S.C. § 362(d) in favor of secured creditors;
(c) Other relief deemed appropriate by the Court, including assessment of reasonable attorney’s fees against the estate.
7. RISK ALLOCATION
7.1 Indemnification
Not applicable (estate assets are administered under the Code; no contractual indemnity imposed).
7.2 Limitation of Liability
Liability of the Debtor(s) is limited to payments under the confirmed Plan and non-exempt assets of the estate, subject to 11 U.S.C. § 1322(b)(2) and § 1328(a).
7.3 Force Majeure
If Debtor(s) experience a substantial, documented reduction in income or extraordinary expense outside their control (e.g., serious illness, job loss, national emergency), they may seek temporary suspension, modification, or hardship discharge under 11 U.S.C. §§ 1329 or 1328(b).
8. DISPUTE RESOLUTION
8.1 Governing Law
This case is governed by the Code, the Federal Rules of Bankruptcy Procedure, and ME LBR.
8.2 Forum Selection
Exclusive jurisdiction lies with the United States Bankruptcy Court for the District of Maine.
8.3 Arbitration
Not applicable; disputes are adjudicated by the Court.
8.4 Jury Waiver
To the extent a jury trial right might otherwise exist in connection with any contested matter or adversary proceeding, Debtor(s) expressly acknowledge the limited availability of jury trials in bankruptcy courts and waive such right where permitted by law.
8.5 Injunctive Relief
The Automatic Stay shall remain in effect unless modified by Court order. The Court retains authority to issue further injunctive relief under 11 U.S.C. § 105(a).
9. GENERAL PROVISIONS
9.1 Amendments
Debtor(s) may amend the Petition Package as of right before the first confirmation hearing and thereafter only with Court approval (Fed. R. Bankr. P. 1009 & ME LBR 1009-1).
9.2 Successors & Assigns
The obligations herein bind the bankruptcy estate and, upon conversion, dismissal, or discharge, any revested property interests of Debtor(s) in accordance with the Confirmation Order.
9.3 Severability
Should any provision of the Plan be found unenforceable, the remaining provisions shall be given full effect to the greatest extent permissible.
9.4 Integration
The confirmed Plan, together with the Petition Package and any amendments approved by the Court, constitutes the entire agreement among Debtor(s), the Trustee, and creditors concerning treatment of claims and property of the estate.
9.5 Electronic Signatures
Signatures executed and filed via the Court’s CM/ECF system, including “/s/ [Name]”, are deemed original signatures pursuant to ME LBR 5005-4.
10. EXECUTION BLOCK
DATED: [MM/DD/YYYY]
/s/ [PRIMARY DEBTOR NAME]
[Primary Debtor Name], Debtor
/s/ [JOINT DEBTOR NAME]
[Joint Debtor Name], Joint Debtor (if any)
Attorney for Debtor(s):
/ s / [ATTORNEY NAME]
[Attorney Name], Esq. (Bar # [BAR NO.])
[Law Firm Name]
[Address] | [Phone] | [Email]
Verification
I declare under penalty of perjury that the foregoing is true and correct.
Executed on the date set forth above.
Notary Acknowledgment (if required for verification of signatures under state law)
State of Maine, County of [COUNTY]
Subscribed and sworn before me on [DATE] by the above-named Debtor(s).
Notary Public
My Commission Expires: [DATE]
[// GUIDANCE: 1) Attach the District of Maine Model Chapter 13 Plan as a separate document; 2) Review ME LBR 1007-1 for time-sensitive filing requirements; 3) Confirm current Trustee payment address and electronic payment options; 4) Evaluate recent means-test figures published by the U.S. Trustee Program; 5) Obtain current Certificate of Credit Counseling.]