UNITED STATES BANKRUPTCY COURT

FOR THE [EASTERN / WESTERN] DISTRICT OF MICHIGAN

In re: │ Case No. [______]
│ Chapter 13
[Debtor 1 Full Legal Name] │ Hon. [Judge’s Name]
[Debtor 2 Full Legal Name] (if any) │
│
Debtor(s). │

VOLUNTARY PETITION—CHAPTER 13

(Comprehensive Narrative Template to Accompany Official Bankruptcy Forms)

[// GUIDANCE: This narrative petition is designed to be filed in tandem with the Official Bankruptcy Forms (Official Form 101; Schedules 106A/B–106J; Form 107; Form 113, etc.). It consolidates all debtor certifications, jurisdictional statements, and local-rule-specific declarations into a single, court-ready pleading. Delete any bracketed text that does not apply and complete each [PLACEHOLDER] prior to 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
Appendix A – Exhibit & Schedule Checklist
Appendix B – Michigan-Specific Chapter 13 Plan Parameters

I. DOCUMENT HEADER

1. Effective Date. This Voluntary Petition (the “Petition”) is deemed filed on [FILING DATE] (the “Petition Date”) upon electronic docketing by the Clerk of the United States Bankruptcy Court for the [District].
2. Jurisdiction & Venue. Jurisdiction arises under 28 U.S.C. §§ 1334(a) & 157. Venue is proper in this District pursuant to 28 U.S.C. § 1408.
3. Statutory Authority. Relief is requested under Chapter 13 of Title 11, United States Code (11 U.S.C. §§ 1301–1330).

II. DEFINITIONS

For ease of reference, the following terms shall have the meanings set forth below. Defined terms appear capitalized throughout this Petition.

“Automatic Stay” – the injunction imposed by 11 U.S.C. § 362(a) immediately upon the Petition Date.
“Bankruptcy Code” – Title 11 of the United States Code, as amended.
“Chapter 13 Plan” or “Plan” – the plan of reorganization submitted pursuant to 11 U.S.C. § 1321, conforming to Official Form 113 and Local Bankruptcy Rule 3015-1.
“District” – the [Eastern / Western] District of Michigan.
“Local Rules” – the Local Bankruptcy Rules for the United States Bankruptcy Court, [District], cited as “L.B.R.”.
“Petition Date” – defined in Section I.1.
“Trustee” – the duly appointed Standing Chapter 13 Trustee for this case.

III. OPERATIVE PROVISIONS

3.1 Request for Relief. Debtor(s) hereby commence this case and seek adjustment of debts under Chapter 13.

3.2 Filing Fee. The filing fee is:
a. [PAID IN FULL]; or
b. [TO BE PAID IN INSTALLMENTS] per the separately-filed Application.

3.3 Plan Submission. Concurrently with—or within 14 days of—the Petition Date, Debtor(s) shall file the Plan in compliance with 11 U.S.C. § 1321, Official Form 113, and L.B.R. 3015-1.

3.4 Credit Counseling. Debtor(s) completed an approved credit-counseling course within 180 days pre-petition and file the certificate(s) contemporaneously, or request a temporary waiver under 11 U.S.C. § 109(h)(3).

3.5 Statement of Social Security Number(s). Form 121 is submitted under seal.

3.6 Schedules & Statements. Debtor(s) shall file complete Schedules (Forms 106A/B–106J), Summary (Form 106Sum), and Statement of Financial Affairs (Form 107) within 14 days unless filed contemporaneously.

3.7 Payment to Trustee. Commencing no later than 30 days post-petition, Debtor(s) shall remit Plan payments to the Trustee pursuant to 11 U.S.C. § 1326(a)(1) at the address specified by the Trustee.

3.8 Domestic Support Obligations. Debtor(s) shall remain current on all post-petition domestic support obligations as defined in 11 U.S.C. § 101(14A).

IV. REPRESENTATIONS & WARRANTIES

4.1 Accuracy & Completeness. Debtor(s) represent that the information provided in this Petition and all accompanying Official Forms is true, correct, and complete to the best of their knowledge, information, and belief, subject to penalty of perjury under 28 U.S.C. § 1746.

4.2 Eligibility. Debtor(s) warrant that aggregate noncontingent, liquidated unsecured debt is less than the Chapter 13 limit specified in 11 U.S.C. § 109(e) and secured debt does not exceed the statutory ceiling.

4.3 Good-Faith Filing. This Petition is filed in good faith and not for any improper purpose such as to hinder, delay, or defraud creditors.

4.4 No Prior Dismissals. [If applicable, disclose prior bankruptcy cases filed within last 8 years, reasons for dismissal, and dates.]

4.5 Tax Compliance. Debtor(s) have filed all required tax returns for the four most recent years or will do so within the timeframe allowed by 11 U.S.C. § 1308.

V. COVENANTS & RESTRICTIONS

5.1 Post-Petition Duties (11 U.S.C. § 521). Debtor(s) covenant to:
a. File all required documents and updates;
b. Attend the § 341 meeting of creditors;
c. Provide the Trustee with pay stubs, tax returns, and any documents reasonably requested;
d. Maintain property insurance as applicable; and
e. Make timely Plan payments.

5.2 Prohibition on Additional Debt. Debtor(s) shall not incur post-petition debt exceeding $[_____] without court authorization.

5.3 Asset Disposition. Debtor(s) shall not sell, transfer, or encumber any property outside the ordinary course of business without prior court approval.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
a. Failure to make any Plan payment when due;
b. Failure to file required documents;
c. Material misrepresentation in any filed document;
d. Failure to remain current on post-petition domestic support or tax obligations.

6.2 Cure Period. Debtor(s) shall have a 21-day cure period after written notice from the Trustee, except where the Trustee seeks expedited relief under 11 U.S.C. § 1307(c).

6.3 Remedies. Upon uncured default, the Trustee or affected creditor may move for:
a. Dismissal of the case;
b. Conversion to Chapter 7;
c. Relief from the Automatic Stay (11 U.S.C. § 362(d));
d. Other equitable relief as the Court deems appropriate.

6.4 Attorney Fees & Costs. Reasonable attorney fees and costs incurred in enforcing the Plan or this Petition may be allowed as an administrative expense under 11 U.S.C. § 503(b)(2) upon application and court approval.

VII. RISK ALLOCATION

7.1 Indemnification. Not applicable.

7.2 Limitation of Liability. Creditor recoveries are limited to distributions under the confirmed Plan and applicable provisions of the Bankruptcy Code.

7.3 Force Majeure / Hardship. In the event of a material adverse change in financial circumstances beyond Debtor(s)’ control, Debtor(s) may move to modify the Plan (11 U.S.C. § 1329) or seek a hardship discharge (11 U.S.C. § 1328(b)).

VIII. DISPUTE RESOLUTION

8.1 Governing Law. Matters arising under this Petition and the Plan are governed by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the Local Rules of this Court.

8.2 Forum Selection. The Bankruptcy Court for the [District] shall be the exclusive forum for all proceedings under or related to this case.

8.3 Arbitration. Arbitration is not available for disputes governed by the Bankruptcy Code.

8.4 Jury Waiver. To the extent any matter arising herein is triable of right by jury, Debtor(s) knowingly and voluntarily waive such right, subject to the Bankruptcy Court’s power to determine jury-trial availability.

8.5 Injunctive Relief. The Automatic Stay shall remain in effect unless modified by court order.

IX. GENERAL PROVISIONS

9.1 Amendments & Supplements. Debtor(s) may amend this Petition or any schedule in accordance with Fed. R. Bankr. P. 1009 and Local Rule 1009-1.

9.2 Successors. The rights and obligations of Debtor(s) shall bind and inure to any trustee appointed under 11 U.S.C. § 1302 and to any successor trustee.

9.3 Severability. Should any provision herein be invalidated by the Court, all remaining provisions shall remain in full force to the extent not inconsistent with the Bankruptcy Code.

9.4 Integration. This Petition, together with the Official Bankruptcy Forms and the Plan, constitutes the entire agreement between Debtor(s) and the Bankruptcy Estate regarding the commencement of this Chapter 13 case.

9.5 Electronic Signatures. Pursuant to Local Rule 5005-4, facsimile or conformed electronic signatures are accepted as originals for filing purposes.

X. EXECUTION BLOCK

I/We, the undersigned Debtor(s), declare under penalty of perjury that the information provided herein is true and correct.

ATTORNEY FOR DEBTOR(S)

[Law Firm Name]
By: ____
[Attorney Name], P[#####]
Address: [___]
Phone: [() -_]
Email: [___]
Date: [___]

[// GUIDANCE: Insert attorney bar number (“P-number”) for Michigan filings. Attach Form Declaration of Attorney (Official Form 101, Part 10) if not included in electronic filing system.]

BANKRUPTCY PETITION PREPARER (if any)

[Complete official declaration per 11 U.S.C. § 110.]

VERIFICATION

Executed on the dates indicated above.
Penalty for making a false statement or concealing property: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152, 1341, 1519.

APPENDIX A – EXHIBIT & SCHEDULE CHECKLIST

APPENDIX B – MICHIGAN-SPECIFIC CHAPTER 13 PLAN PARAMETERS

1. Model Plan Requirement. Both the Eastern and Western Districts of Michigan mandate use of the local model Chapter 13 plan incorporated into Official Form 113 and identified as “Model Plan (EDMI/WDMi) Rev. [date].” Do not alter section headings or numbering without court approval.

2. Trustee Percentage Fee. Insert the standing Trustee’s statutory percentage (currently up to 10 % of receipts) in Plan Section II.B.

3. Direct Payments. Specify in Section III the secured debts (e.g., mortgage on principal residence) that Debtor(s) will pay directly, and provide proof of current payment status at the § 341 meeting.

4. Step-Payment & Dividend Provisions. If providing for variable payments, clearly delineate start and end dates for each step and calculate the projected dividend to unsecured creditors, consistent with 11 U.S.C. § 1325(b).

5. Local Rule 3015-3 Certification. Attach the pre-confirmation Certification of Compliance with 11 U.S.C. §§ 1322, 1325(a)(8), and 1325(a)(9) (EDMI only).

6. Conduit Mortgage Payments (WDMi). Where applicable, include conduit payment provisions per WDMi Administrative Order 2018-3.

7. Trustee’s Uniform Procedures. Refer to each Trustee’s website for current wage-order forms, payment addresses, and documentation upload portals.

[// GUIDANCE: Deviations from the model plan or local procedures invite objections and may delay confirmation. Use the court-provided fillable PDF to ensure formatting accuracy.]

Prepared for immediate customization and electronic filing. Review local rules issued after [DATE OF DRAFT] for any updates before use.