UNITED STATES BANKRUPTCY COURT

DISTRICT OF MINNESOTA

VOLUNTARY PETITION FOR INDIVIDUALS FILING FOR RELIEF UNDER CHAPTER 13

(“Chapter 13 Petition”)

[// GUIDANCE: This template consolidates the substantive requirements of 11 U.S.C. §§ 301, 362, 521 & 1321–1328, the Federal Rules of Bankruptcy Procedure, and the Local Rules/Trustee Procedures for the District of Minnesota (the “Local Rules”). It is intentionally drafted in contract-style architecture to satisfy the requester’s specifications. Before filing, counsel MUST transpose the content into the current Official Bankruptcy Forms (e.g., Official Forms 101 & 113) and conform to all Local Rule formatting mandates.]

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
XI. Exhibits & Schedules

I. DOCUMENT HEADER

1.1 Title. “Voluntary Petition for Individuals Filing for Relief Under Chapter 13 of the Bankruptcy Code.”

1.2 Parties.
a. Debtor: [DEBTOR FULL LEGAL NAME] (“Debtor”).
b. Joint Debtor (if any): [JOINT DEBTOR FULL LEGAL NAME] (“Joint Debtor”; with Debtor, the “Debtors”).
c. Trustee: Upon filing, the standing Chapter 13 trustee for the District of Minnesota currently [TRUSTEE NAME] (the “Trustee”).

1.3 Recitals.
• Debtors seek adjustment of their debts and protection of property through a wage-earner plan pursuant to Chapter 13 of Title 11 of the United States Code (the “Bankruptcy Code”).
• Debtors file this Petition under 11 U.S.C. § 301 and request the entry of an order for relief.
• Venue is proper in this Court under 28 U.S.C. § 1408.

1.4 Effective Date. The “Petition Date” shall be the date stamped “FILED” by the Clerk of the Bankruptcy Court.

1.5 Jurisdiction. The Court has jurisdiction under 28 U.S.C. §§ 157 & 1334, with all core proceedings to be heard and determined by the Court.

II. DEFINITIONS

For clarity and cross-reference, the following terms are used throughout this Petition and the accompanying Plan (defined below). Capitalized terms not defined herein shall have the meanings ascribed in the Bankruptcy Code or Bankruptcy Rules.

“Automatic Stay” The injunction that arises under 11 U.S.C. § 362 upon the Petition Date.

“Bankruptcy Estate” The estate created under 11 U.S.C. § 541 upon commencement of the case.

“Case” The Chapter 13 bankruptcy case captioned In re [Debtor(s) Name], Case No. [TO BE ASSIGNED].

“Creditor” Any entity that holds a pre-petition claim against Debtors.

“Disposable Income” Income determined in accordance with 11 U.S.C. § 1325(b)(2).

“Plan” Debtors’ Chapter 13 Plan attached hereto as Exhibit A.

“Priority Claim” A claim entitled to priority under 11 U.S.C. § 507(a).

“Secured Claim” A claim secured by a lien on property of Debtors or the Estate within the meaning of 11 U.S.C. § 506(a).

III. OPERATIVE PROVISIONS

3.1 Petition & Order for Relief.
a. Debtors hereby commence the Case and request entry of an order for relief under Chapter 13.
b. Debtors elect application of the Automatic Stay to all actions against Debtors, property of Debtors, or property of the Estate effective as of the Petition Date.

3.2 Jurisdiction & Venue Statement.
a. Debtors have been domiciled in, have had a residence, principal place of business, or principal assets in the District of Minnesota for the greater part of the 180-day period immediately preceding the Petition Date.
b. No previous bankruptcy case concerning Debtors is pending or has been dismissed within the past 180 days, except as disclosed in Schedule A.

3.3 Appointment of Trustee & Plan Payments.
a. Upon filing, the United States Trustee shall appoint the standing Chapter 13 trustee for this division of the District of Minnesota.
b. Commencing no later than 30 days after the Petition Date, Debtors shall remit payments of $[PLAN PAYMENT AMOUNT] per [MONTH/BI-WEEK] to the Trustee pursuant to 11 U.S.C. § 1326(a)(1).

3.4 Submission of Schedules, Statements & Certificate of Credit Counseling.
Debtors shall file complete and accurate Schedules, Statement of Financial Affairs (“SOFA”), Statement of Current Monthly Income (Official Form 122C-1), and a Certificate of Credit Counseling within 14 days of the Petition Date unless the Court orders otherwise.

3.5 Disclosure of Domestic Support Obligations (“DSO”).
Debtors must disclose all DSOs and provide the Trustee with the name and address of each DSO recipient in compliance with 11 U.S.C. §§ 101(14A) & 521(a)(3), and Local Rule DSO-1.

3.6 Chapter 13 Plan.
a. The Plan, incorporated herein by reference, sets forth treatment of Secured Claims, Priority Claims, and General Unsecured Claims in conformity with 11 U.S.C. §§ 1322 & 1325 and Local Rule 3015-1.
b. The Plan term shall not exceed [36/60] months except upon Court approval.

3.7 341 Meeting of Creditors.
Debtors shall appear and testify under oath at the § 341 meeting conducted by the Trustee at [DATE & TIME TO BE SET].

IV. REPRESENTATIONS & WARRANTIES

4.1 Eligibility. Debtors’ non-contingent, liquidated secured and unsecured debts are within the limitations of 11 U.S.C. § 109(e).

4.2 Accuracy. All information provided in this Petition, Schedules, and SOFA is true and correct to the best of Debtors’ knowledge, information, and belief.

4.3 Good-Faith Filing. Debtors affirm that the Case and Plan are proposed in good faith and not by any means forbidden by law, satisfying 11 U.S.C. § 1325(a)(3).

4.4 Compliance with Pre-petition Counseling. Each Debtor completed an approved credit-counseling course within 180 days prior to the Petition Date as evidenced by the attached certificate.

[// GUIDANCE: Add any additional state-law eligibility disclosures (e.g., homestead exemption elections) here.]

V. COVENANTS & RESTRICTIONS

5.1 Plan Payments & Tax Returns.
a. Debtors shall timely remit all Plan payments to the Trustee.
b. Debtors shall file all post-petition federal and state tax returns and supply copies to the Trustee within 14 days of filing.

5.2 Insurance & Preservation of Collateral.
Debtors shall maintain insurance in customary amounts on all estate and non-estate property subject to a secured Creditor’s interest. Evidence of coverage shall be provided to the Trustee upon request.

5.3 Acquisitions & Transfers.
Debtors shall not sell, transfer, or encumber any property of the Estate outside the ordinary course of business without Court authorization, except as permitted by 11 U.S.C. § 363(b) and Local Rule 6004-1.

5.4 Notice Obligations.
Debtors shall provide written notice to the Trustee and any affected secured Creditor of any change in address, employment, or income within 10 days.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
a. Failure to remit a Plan payment within ten (10) days after its due date.
b. Failure to furnish required tax returns or financial information within the time prescribed.
c. Failure to appear at the § 341 meeting or any continued meeting.
d. Any material misrepresentation in this Petition, the Plan, Schedules, or SOFA.

6.2 Notice & Cure.
The Trustee or interested party shall deliver written notice of default to Debtors and Debtors’ counsel. Debtors shall have fourteen (14) days to cure monetary defaults and seven (7) days to cure non-monetary defaults unless the Court orders otherwise.

6.3 Remedies.
a. Absent timely cure, the Trustee or affected Creditor may file a motion to dismiss the Case or seek relief from stay.
b. Dismissal shall be without prejudice unless otherwise ordered.
c. In the alternative, the Court may convert the Case to Chapter 7 under 11 U.S.C. § 1307.

6.4 Attorney’s Fees & Costs.
The prevailing party in any motion to enforce the provisions of this Petition or the Plan shall be entitled to reasonable attorney’s fees and costs, subject to Court approval under 11 U.S.C. § 330.

VII. RISK ALLOCATION

7.1 Limitation of Liability.
Consistent with 11 U.S.C. § 362(k), damages for willful violations of the Automatic Stay are capped at actual damages, costs, attorney’s fees, and, in appropriate circumstances, punitive damages determined by the Court.

7.2 Plan Payment Caps.
Total payments under the Plan shall not exceed $[AGGREGATE PLAN FUNDING] absent a confirmed modified plan.

7.3 Force Majeure.
Debtors may seek modification of the Plan under 11 U.S.C. § 1329 upon a material change in circumstances beyond Debtors’ control, including but not limited to illness, job loss, or natural disaster.

Indemnification is not applicable to consumer Chapter 13 cases; creditors’ rights are governed by the Bankruptcy Code and the confirmed Plan.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Case is governed exclusively by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and applicable federal law.

8.2 Forum Selection. The United States Bankruptcy Court for the District of Minnesota shall be the exclusive forum for all proceedings arising in or related to this Case.

8.3 Arbitration. Arbitration is not available for core bankruptcy matters.

8.4 Jury Waiver. To the extent a jury trial might otherwise be applicable, Debtors knowingly waive any right to jury trial on core matters, subject to constitutional limitations and Court consent under 28 U.S.C. § 157(e).

8.5 Injunctive Relief. The Automatic Stay and any discharge injunction issued under 11 U.S.C. §§ 362 & 524 constitute injunctive relief enforceable by contempt.

IX. GENERAL PROVISIONS

9.1 Amendments & Modifications. Any amendment to this Petition or the Plan must comply with Fed. R. Bankr. P. 1009 & 3015 and Local Rule 3015-2, and shall be effective only upon Court approval.

9.2 Assignment. Rights and obligations created by the Bankruptcy Code are non-assignable without Court authority.

9.3 Successors & Assigns. The provisions of the confirmed Plan shall bind Debtors, each Creditor, and any successor or assign of such parties.

9.4 Severability. If any provision herein is determined unenforceable, the remaining provisions shall remain in full force to the extent consistent with the Bankruptcy Code.

9.5 Integration. This Petition, the Plan, Schedules, and any Court-approved amendments constitute the entire understanding among the parties regarding Debtors’ Chapter 13 reorganization.

9.6 Electronic Signatures. Signatures transmitted electronically via ECF filing or through Local Rule-approved means shall be deemed original.

X. EXECUTION BLOCK

Executed under penalty of perjury this ___ day of ____, 20__.

Debtor: ____
Printed Name: [DEBTOR FULL LEGAL NAME]
Signature: ________

Joint Debtor (if any): _____
Printed Name: [JOINT DEBTOR FULL LEGAL NAME]
Signature: _______

Attorney for Debtor(s): _______
Printed Name: [ATTORNEY NAME]
MN Bar No.: [BAR ID]
Firm: [LAW FIRM NAME]
Address: [FIRM ADDRESS]
Phone: [PHONE]
Email: [EMAIL]

[NOTARY BLOCK ONLY IF REQUIRED BY LOCAL PRACTICE]

XI. EXHIBITS & SCHEDULES

Exhibit A – Chapter 13 Plan (District of Minnesota Local Plan Form)
Exhibit B – Schedule A/B: Property
Exhibit C – Schedule C: Exemptions
Exhibit D – Schedule D: Secured Claims
Exhibit E – Schedule E/F: Unsecured Claims
Exhibit F – Schedule G: Executory Contracts & Leases
Exhibit G – Schedule H: Codebtors
Exhibit H – Schedule I: Income
Exhibit I – Schedule J: Expenses
Exhibit J – Statement of Financial Affairs (SOFA)
Exhibit K – Statement of Current Monthly Income (Form 122C-1)
Exhibit L – Certificate of Credit Counseling

[// GUIDANCE: Attach current versions of the Official Forms or incorporate by reference where local practice mandates e-filing through CM/ECF event categories. Ensure all Social Security numbers are redacted except the last four digits, and attach the required Form 121 (Statement About SSN) non-publicly.]

END OF TEMPLATE