MASTER TEMPLATE

CHAPTER 13 VOLUNTARY PETITION & PLAN PACKAGE
United States Bankruptcy Court – [NORTHERN / SOUTHERN] District of Mississippi
(“MS‐Bankruptcy Court”)

[// GUIDANCE: This template consolidates, in a single, court-ready document, (i) the Voluntary Petition (Official Form 101), (ii) all core schedules, (iii) the Statement of Financial Affairs, and (iv) the Mississippi-specific Chapter 13 Plan. It is drafted to the structural standards requested, but it must ultimately be filed on the Official Federal Forms. Copy the operative language into the current Official Forms before filing. All bracketed items require practitioner input.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibits & Schedules Checklist (Official Forms Index)

1. DOCUMENT HEADER

1.1 Title
VOLUNTARY PETITION FOR INDIVIDUALS FILING FOR CHAPTER 13 RELIEF
UNDER 11 U.S.C. §§ 1301–1330

1.2 Parties
a. “Debtor 1”: [LEGAL NAME], SSN-xxx-xx-[####]
b. “Debtor 2 / Joint Debtor” (if any): [LEGAL NAME], SSN-xxx-xx-[####]
c. “Chapter 13 Trustee”: [List current standing Chapter 13 trustee for the selected MS division]
d. “United States Trustee – Region [##]”: [Name]

1.3 Recitals
WHEREAS, each Debtor is an individual with regular income who desires to adjust debts under Chapter 13 of Title 11 of the United States Code; and
WHEREAS, venue is proper in this District pursuant to 28 U.S.C. § 1408; and
WHEREAS, upon filing this Petition an automatic stay will arise pursuant to 11 U.S.C. § 362;

NOW, THEREFORE, Debtor files this Petition and accompanying Plan subject to the terms set forth below.

1.4 Effective Date
This Petition is effective upon electronic filing with the MS-Bankruptcy Court (“Petition Date”).

2. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below. Terms defined in the Bankruptcy Code have the same meaning herein unless otherwise stated.

“Adequate Protection” – Periodic cash payments or other relief provided to a secured creditor under 11 U.S.C. §§ 361 & 1325(a)(5)(B)(iii).
“Allowed Claim” – A claim allowed under 11 U.S.C. § 502 or deemed allowed under § 502(a).
“Automatic Stay” – The injunction arising under § 362 upon Petition Date.
“Code” – Title 11 of the United States Code (the “Bankruptcy Code”).
“Confirmation Order” – The order entered by the Court confirming the Plan under § 1325.
“Court” – The United States Bankruptcy Court for the [Northern / Southern] District of Mississippi.
“Disposable Income” – As calculated under § 1325(b)(2) and Official Form 122C-2.
“Petition Package” – Collectively, this Petition, all Schedules, Statements, and the Plan.
“Plan” – Debtor’s Chapter 13 plan attached hereto in Section 3.4.
“Trustee” – The standing Chapter 13 trustee assigned to this case.

3. OPERATIVE PROVISIONS

3.1 Filing of Official Forms
Debtor contemporaneously files:
• Official Form 101 – Voluntary Petition
• Summary of Assets & Liabilities (Form 106Sum)
• Schedules A/B–J (Forms 106A/B through 106J-2)
• Declaration About Debtor’s Schedules (Form 106Dec)
• Statement of Financial Affairs (Form 107)
• Chapter 13 Statement of Current Monthly Income & Calculation of Commitment Period (Forms 122C-1 & 122C-2)
• Creditor Matrix & Verification
• Certificate of Credit Counseling (11 U.S.C. § 109(h))
• Pay-Advice Cover Sheet (Local Rule 4002-1)
• Plan (see § 3.4)

3.2 Jurisdiction & Venue
This Court has jurisdiction under 28 U.S.C. §§ 157 & 1334 and General Order 98-05 of the U.S. District Court for the Northern and Southern Districts of Mississippi. Venue is proper under 28 U.S.C. § 1408.

3.3 Commencement of Payments
Pursuant to 11 U.S.C. § 1326(a)(1) and Local Rule 3015-1, Debtor shall commence Plan payments to the Trustee not later than thirty (30) days after Petition Date.

3.4 Chapter 13 Plan (Mississippi Local Plan Form)
[Embed or attach the current district-approved plan form. Key placeholders:]

a. Plan Term: [36 / 60] months
b. Base Amount: $[AMOUNT] (aggregate) payable $[AMOUNT] per [frequency] via [TFS / wage deduction].
c. Priority Claims: [IRS $_; MS Dept. of Revenue $] paid in full.
d. Secured Claims:
i. Mortgage Arrearage – Creditor: [] $[_____] @ []% interest.
ii. Auto Loan – Creditor: [_] cram-down to $[] @ [_]% interest.
e. Unsecured Non-Priority Pool: Not less than the greater of (A) $[___] or (B) projected disposable income for the applicable commitment period.
f. Plan Confirmation Requirements: good-faith (11 U.S.C. § 1325(a)(3)); feasibility (§ 1325(a)(6)); liquidation analysis (§ 1325(a)(4)).
g. Trustee Fees: As allowed under 28 U.S.C. § 586(e).
h. Special Provisions: [Non-standard provisions permitted by Local Rule 3015-1 must be set out here with explicit reference.]

3.5 Adequate Protection Payments
Commencing with the first Plan payment, Debtor will remit adequate-protection payments of $[_____] per month to [secured creditor] pending confirmation.

3.6 Domestic Support Obligation (DSO)
Debtor owes [no / a] DSO to [Payee]. If owed, Debtor shall remain current post-petition and provide annual certification under § 1325(a)(8).

4. REPRESENTATIONS & WARRANTIES

4.1 Eligibility
Debtor represents that aggregate non-contingent, liquidated secured debt is less than $2,750,000 and unsecured debt is less than $465,275, satisfying § 109(e). [// GUIDANCE: Update these figures to current statutory limits.]

4.2 Accuracy of Disclosures
Debtor warrants that all information provided in the Petition Package is true, complete, and correct to the best of Debtor’s knowledge, information, and belief formed after reasonable inquiry.

4.3 Prior Bankruptcy Cases
Debtor has [not /] been a debtor in a bankruptcy case within the past eight (8) years other than as follows: [Case-number, district, disposition].

4.4 Credit Counseling
Debtor received an approved credit-counseling briefing within 180 days before Petition Date and attaches the certificate per § 109(h).

4.5 Property of the Estate
Debtor acknowledges that, upon filing, property specified in § 541 and post-petition earnings specified in § 1306 become property of the estate.

Survival. All representations and warranties survive until entry of a discharge or dismissal of the case.

5. COVENANTS & RESTRICTIONS

5.1 Payment Covenant
Debtor shall timely remit all payments required by the Plan to the Trustee until completion, dismissal, or conversion.

5.2 Tax Return Covenant
Debtor shall (i) file all tax returns coming due during the Plan term, (ii) provide copies to the Trustee within fourteen (14) days of filing, and (iii) devote tax refunds to Plan funding unless otherwise ordered.

5.3 Incurrence of Post-Petition Debt
Debtor shall not incur post-petition consumer debt exceeding $1,000 without Court approval, subject to § 364.

5.4 Insurance
Debtor shall maintain insurance (homeowner, auto, or other applicable) on all estate property subject to liens, designating lienholders as loss-payees.

5.5 Notice Obligations
Debtor must notify the Trustee in writing within seven (7) days of any change of address, employment, or income.

5.6 Compliance Monitoring
Debtor consents to provide ongoing verification (pay stubs, bank statements) reasonably requested by the Trustee.

6. DEFAULT & REMEDIES

6.1 Events of Default
a. Failure to remit any Plan payment within thirty (30) days of its due date.
b. Failure to maintain required insurance.
c. Material misrepresentation in the Petition Package.
d. Failure to comply with any Order of the Court.

6.2 Trustee/Creditor Remedies
Upon written notice of default and a fourteen (14) day opportunity to cure, the Trustee or any party in interest may seek:
i. Dismissal of the case (§ 1307(c));
ii. Conversion to Chapter 7 (§ 1307(c));
iii. Relief from the Automatic Stay (§ 362(d)); and/or
iv. Other appropriate relief, including attorney’s fees as provided herein.

6.3 Attorney’s Fees & Costs
Subject to Court approval under § 330 and Local Rule 2016-1, reasonable fees and costs incurred in enforcing the Plan shall be allowed and paid as an administrative expense through the Plan.

7. RISK ALLOCATION

7.1 Indemnification
Not applicable. Nothing herein creates an indemnity obligation by or for Debtor beyond Code requirements.

7.2 Limitation of Liability
Debtor’s liability to unsecured creditors is capped by the aggregate distributions provided under the confirmed Plan, subject to §§ 1328 & 523.

7.3 Force Majeure
If Debtor suffers a material and involuntary reduction in income due to circumstances beyond Debtor’s control (e.g., illness, layoff, natural disaster), Debtor may seek Plan modification under § 1329 or a hardship discharge under § 1328(b).

8. DISPUTE RESOLUTION

8.1 Governing Law
This Petition Package is governed by the Bankruptcy Code, Federal Rules of Bankruptcy Procedure (“FRBP”), and the Local Rules of the MS-Bankruptcy Court.

8.2 Exclusive Forum
All disputes arising under or relating to this case shall be adjudicated exclusively by the MS-Bankruptcy Court.

8.3 Arbitration
Not applicable; FRBP 7001 et seq. govern all adversary proceedings.

8.4 Jury Trial
Jury trials in bankruptcy are limited and subject to 28 U.S.C. § 157(e). Debtor does not consent to jury trial of core bankruptcy matters.

8.5 Injunctive Relief
The Automatic Stay under § 362 operates as an injunction enforceable by contempt.

9. GENERAL PROVISIONS

9.1 Amendments & Modifications
This Petition Package may be amended as of right prior to conversion or confirmation pursuant to FRBP 1009(a); post-confirmation, amendments require Court approval under FRBP 3015-2 & 11 U.S.C. § 1329.

9.2 Assignment
The obligations of Debtor are personal and may not be assigned.

9.3 Successors
The rights of creditors pass to their successors and assigns; Debtor’s obligations survive death or incapacity only as provided in FRBP 1016.

9.4 Severability
If any provision herein conflicts with the Code, the Code controls and the offending provision is severed.

9.5 Integration
This document, together with the Official Forms incorporated herein, constitutes the entire Petition Package.

9.6 Electronic Signatures
Pursuant to Administrative Procedures for Electronic Case Filing in the MS-Bankruptcy Court, electronic signatures and /s/ notations are acceptable.

10. EXECUTION BLOCK

Debtor 1:

[NAME], Debtor 1
Date: _____

Debtor 2 (if any):

[NAME], Debtor 2
Date: _____

Counsel for Debtor(s):

[NAME], Esq. (MS Bar No. [#####])
[LAW FIRM NAME]
[Address] | Phone: [--_] | Email: []
Date: __

Verification
I declare under penalty of perjury that the information provided in this Petition Package is true and correct.

Debtor 1

Debtor 2 (if any)

Notary Acknowledgment (if required by local practice)
State of Mississippi, County of __
Subscribed and sworn before me on __ by _________.

Notary Public
My commission expires: _____

11. EXHIBITS & SCHEDULES CHECKLIST

1. Exhibit A – Certificate of Credit Counseling
2. Exhibit B – Pay-Advice Documentation (Last 60 Days)
3. Exhibit C – Domestic Support Obligation Worksheet
4. Exhibit D – Real Property Valuation(s)
5. Exhibit E – Vehicle Valuation(s)
6. Exhibit F – District-Specific Chapter 13 Plan (Official Local Form)
7. Exhibit G – Declaration Regarding Electronic Filing
8. Exhibit H – Statement of Monthly Net Income (Form 122C-1 & 122C-2)

[// GUIDANCE: Confirm the district’s current local forms and numbering. Always file each Official Form as a separate PDF with the correct event code in CM/ECF.]

END OF TEMPLATE

[// GUIDANCE: Prior to filing, run a compliance check against (i) the latest Official Bankruptcy Forms (April 2022 revisions at present), (ii) the Mississippi Local Bankruptcy Rules, and (iii) any Standing Orders of the selected division. Tailor non-standard plan provisions to avoid conflict with § 1322(b) and Local Rule 3015-1. Obtain wet signatures or ECF-compliant verifications from all debtors before uploading.]