CHAPTER 13 BANKRUPTCY PETITION & PLAN

U.S. Bankruptcy Court – District of Montana

(Consolidated Drafting Template for Official Forms 101, 106A–J, 106Sum, 106Dec, 107, 108, 113, 121, and Related Local Rule Requirements)

[// GUIDANCE: This master template is a drafting aid only. It is NOT a substitute for the Official or Local Bankruptcy Forms that must be filed. After completing this worksheet, transfer the final answers—verbatim—into the current PDF versions of the required forms and file them in accordance with Fed. R. Bankr. P. 1007, Mont. LBR 1007-1, and Mont. LBR 3015-1. All statutory references are to Title 11 of the United States Code (the “Bankruptcy Code”).]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Voluntary Petition & Chapter 13 Plan)
IV. Representations & Warranties
V. Covenants & Ongoing Duties
VI. Default & Remedies (Plan-Related)
VII. Risk Allocation & Protective Provisions
VIII. Dispute Resolution & Governing Law
IX. General Provisions
X. Execution Block & Certifications

I. DOCUMENT HEADER

1. Title: Voluntary Petition for Individuals Filing for Chapter 13 Bankruptcy
2. Debtor 1: [LEGAL NAME, including middle initial]
3. Debtor 2 (if joint case): [LEGAL NAME]
4. Case No.: (To be assigned by Clerk)
5. Petition Date: [MM/DD/YYYY]
6. Jurisdiction: United States Bankruptcy Court – District of Montana
7. Venue Basis: 28 U.S.C. § 1408; principal residence at [COUNTY, MT]
8. Counsel for Debtor(s): [FIRM NAME, MT Bar #, Address, Phone, Email]
9. Chapter Elected: 13 (Wage-Earner Repayment Plan)
10. Trustee: Automatically assigned Standing Chapter 13 Trustee for Montana (currently Robert G. Drummond).

II. DEFINITIONS

Automatic Stay means the injunction that arises under 11 U.S.C. § 362 upon the Petition Date.
Bankruptcy Court or Court means the United States Bankruptcy Court for the District of Montana.
Bankruptcy Rules means the Federal Rules of Bankruptcy Procedure.
Confirmation Date means the date on which the Court enters an order confirming the Plan under 11 U.S.C. § 1325.
Debtor or Debtors means the individual(s) identified in Section I.2-3.
Domestic Support Obligation or DSO has the meaning set forth in 11 U.S.C. § 101(14A).
Petition Date has the meaning set forth in Section I.5.
Plan means the Chapter 13 repayment plan set forth in Section III.B, as it may be modified or amended.
Priority Claim means a claim entitled to priority under 11 U.S.C. § 507.
Secured Claim means a claim secured by a lien on property of the estate as defined in 11 U.S.C. § 506(a).
Trustee has the meaning set forth in Section I.10.

[// GUIDANCE: Add further defined terms (e.g., “Surrendered Collateral,” “Conduit Payment,” etc.) as needed for the specific case.]

III. OPERATIVE PROVISIONS

A. VOLUNTARY PETITION (Official Form 101)

1. Personal Information
   a. Social Security Nos.: [xxx-xx-_]; [if joint, second SSN]
   b. Any Prior Bankruptcy Cases (last 8 years): [Case #s, Districts, Dates]
   c. Address of Principal Residence: [STREET, CITY, MT ZIP]
   d. County of Residence: [_]

2. Chapter Choice & Certification
   a. Chapter elected: 13 ☐ (check)
   b. Credit Counseling Certificate attached ☐ / Motion for Exemption ☐

3. Statistical/Administrative Information
   a. Nature of Debts: Consumer ☐ Business ☐ Both ☐
   b. Estimated Number of Creditors: [ ]
   c. Estimated Assets: [ ]
   d. Estimated Liabilities: [ ]

[// GUIDANCE: These four ranges mirror the “checkbox matrix” in Official Form 101, Part 1.]

B. SCHEDULES SUMMARY (Official Form 106Sum)

Total Assets: $[ ]  Total Liabilities: $[ ]
Exempt Property Claimed: [List statutes used (e.g., Mont. Code Ann. § 31-2-106)]

C. CHAPTER 13 PLAN (Official Form 113 + Mont. LBR 3015-1 Addenda)

1. Plan Term: [ ] months (36 – 60; must not exceed 60 per 11 U.S.C. § 1322(d)).

2. Plan Payments
   a. Amount: $[ ] per [week/bi-weekly/semi-monthly/month] to Trustee.
   b. Commencement: First payment due within 30 days of Petition Date (11 U.S.C. § 1326(a)(1)).
   c. Payment Method: [Payroll deduction order / ACH / Money order].

3. Distribution of Plan Payments
   a. Trustee’s statutory fee (28 U.S.C. § 586).
   b. Administrative Claims
   • Attorney Fees: $[ ] (balance after initial retainer of $[ ])
   • Filing Fee balance: $[ ] (if paid in installments)
   c. Priority Claims
   • IRS  $[ ] (11 U.S.C. § 507(a)(8))
   • MT Dept. of Revenue $[ ]
   • Domestic Support Obligations $[ ] (current) / $[ ] (arrears)
   d. Secured Claims
   • Mortgage – [LENDER] $[ ] Treatment: Conduit ☐ Cramdown ☐ Surrender ☐
   • Vehicle – [CREDITOR] $[ ]@ [ ]% interest Adequate protection: $[ ]/mo.
   e. Unsecured Non-Priority Pool (“Pot”): Pro rata distribution of not less than $[ ] or [ ] %—whichever is greater—to satisfy the liquidation test (11 U.S.C. § 1325(a)(4)).

4. Executory Contracts & Unexpired Leases
   • Assume: [NAME], Cure Amount $[ ] paid through Plan.
   • Reject: [NAME].

5. Plan Motions (Mont. LBR 3015-1(b))
   • Lien avoidance under 11 U.S.C. § 522(f) against [CREDITOR] in the amount of $[ ].
   • Valuation of secured claim of [CREDITOR] at $[ ] pursuant to 11 U.S.C. § 506 and § 1325(a)(5).

6. Non-Standard Provisions (must be in Section 8 of Form 113)
   [TEXT of any deviation—e.g., post-petition tax refund turnover, surrender timelines, special conduit language.]

IV. REPRESENTATIONS & WARRANTIES

1. Eligibility: Debtors state that their noncontingent, liquidated secured debts do not exceed $1,257,850 and their noncontingent, liquidated unsecured debts do not exceed $419,275 on the Petition Date (11 U.S.C. § 109(e)).
2. Accuracy of Schedules: Debtors have reviewed the Schedules and Statements and warrant that they are true, correct, and complete to the best of their knowledge, information, and reasonable belief.
3. Good-Faith Filing: This petition and Plan are filed in good faith and not for the purpose of hindering, delaying, or defrauding creditors (11 U.S.C. § 1325(a)(3)).
4. Tax Compliance: All tax returns required under applicable law have been filed for all taxable periods ending before the Petition Date (11 U.S.C. § 1308).

Survival: The representations in Sections IV.1-IV.4 survive conversion or dismissal of the case.

V. COVENANTS & ONGOING DUTIES

1. Plan Performance: Debtors shall make timely payments in the manner set forth in Section III.C.2.
2. Post-Petition Obligations: Debtors shall remain current on all post-petition domestic support obligations and on all post-petition payments on any debt secured by real property that is not paid through the Plan.
3. Information to Trustee: Debtors shall provide (i) copies of federal and state income tax returns annually by April 30; (ii) evidence of all sources of income, including bonus or overtime pay, upon request; and (iii) updated insurance declarations for any collateral securing a claim.
4. Insurance Maintenance: Debtors shall maintain casualty and liability insurance on all real and personal property that serves as collateral for a secured claim.
5. Notification Duty: Debtors shall give the Trustee and affected creditors not less than 21 days’ written notice of any material change in address, employment, or income.

VI. DEFAULT & REMEDIES

1. Payment Default: Failure to make two (2) consecutive Plan payments constitutes a material default.
   a. Cure Period: 14 days after Trustee’s written notice.
   b. Remedy: Trustee may file a motion to dismiss the case or, if provided by local procedure, a motion for plan payment enforcement.

2. Post-Petition Mortgage Default (Conduit Cases)
   a. Cure Period: 21 days after notice of default served per Mont. LBR 3015-2.
   b. Remedy: Relief from the Automatic Stay upon order of the Court if default is not fully cured.

3. Failure to Timely Provide Tax Returns or Pay DSOs
   a. Cure Period: 30 days from Trustee’s written request.
   b. Remedy: Dismissal or conversion under 11 U.S.C. § 1307(c).

4. Attorneys’ Fees: Reasonable attorneys’ fees and expenses incurred by Debtors in curing any default may be added to administrative claims, subject to Court approval.

VII. RISK ALLOCATION & PROTECTIVE PROVISIONS

1. Indemnification: Not applicable; the Bankruptcy Estate cannot indemnify third parties without Court approval.
2. Limitation of Liability: Creditor recoveries are strictly limited to payments available under the confirmed Plan and applicable non-bankruptcy law.
3. Force Majeure Hardship: If Debtors experience a material reduction in income due to circumstances beyond their control (e.g., illness, layoff, natural disaster), Debtors may seek (i) a temporary Plan payment moratorium; (ii) Plan modification under 11 U.S.C. § 1329; or (iii) a “hardship discharge” under 11 U.S.C. § 1328(b), subject to Trustee and Court approval.

VIII. DISPUTE RESOLUTION & GOVERNING LAW

1. Governing Law: The Bankruptcy Code, the Bankruptcy Rules, and the Local Rules of the U.S. Bankruptcy Court for the District of Montana govern all disputes.
2. Forum Selection: All contested matters and adversary proceedings shall be brought in the U.S. Bankruptcy Court for the District of Montana; the parties consent to the Court’s exclusive jurisdiction and waive any objection based on venue.
3. Arbitration: Not available.
4. Jury Waiver: To the fullest extent permitted by law, Debtors waive the right to a jury trial in any proceeding arising under, in, or related to this case, except as otherwise provided by statute or the U.S. Constitution.
5. Injunctive Relief: The Automatic Stay of 11 U.S.C. § 362 and the Discharge Injunction of 11 U.S.C. § 524 constitute the primary injunctive remedies.

IX. GENERAL PROVISIONS

1. Amendments: The Plan may be amended before confirmation under Fed. R. Bankr. P. 3015(c) or after confirmation under 11 U.S.C. § 1329.
2. Waivers: No waiver of any provision hereof shall be valid unless in writing, signed by the waiving party, and approved by the Court if required.
3. Assignment: Debtors may not assign their rights or obligations without Court approval.
4. Severability: If any provision is unenforceable, the remaining provisions shall remain in full force to the extent possible under applicable law.
5. Integration: Upon confirmation, the Plan, together with the Court’s confirmation order, constitutes the entire agreement among the Debtors, the Trustee, and all creditors regarding the treatment of claims.
6. Electronic Signatures: Permitted in accordance with Mont. LBR 5005-4 and the Court’s CM/ECF Administrative Procedures.
7. Counterparts: This template may be executed in multiple counterparts.

X. EXECUTION BLOCK & CERTIFICATIONS

A. Debtor(s)

I declare under penalty of perjury that the foregoing is true and correct.

____  ____
[Debtor 1 Name]          [Date]

____  ____
[Debtor 2 Name]          [Date]

B. Attorney for Debtor(s)

The undersigned certifies that the information supplied by the Debtor(s) has been reviewed and that the petition, schedules, statements, and plan are, to the best of my knowledge, well-grounded in fact and warranted by existing law.

____  ____
[Attorney Name, MT Bar #]     [Date]
[Firm Name]

C. Verification of Creditor Matrix (Official Form Creditor Matrix)

I, the undersigned, hereby certify that the Creditor Mailing Matrix filed contemporaneously herewith is true, correct, and complete to the best of my knowledge.

____  ____
[Debtor / Attorney]        [Date]

D. Declaration About Schedules (Official Form 106Dec)

(Insert verbatim the required declaration language here; signature lines above may serve.)

[// GUIDANCE:
1. Transfer each populated field into its corresponding Official Form PDF.
2. Attach the following:
• Credit Counseling Certificate (11 U.S.C. § 109(h));
• Payment Advices Cover Sheet & 60-day pay stubs (Fed. R. Bankr. P. 1007(b)(1)(E));
• Means Test Calculation (Official Forms 122C-1 & 122C-2) unless exempt;
• Statement of Current Monthly Income (if applicable);
• Local Form “Notice to Debtor and Proposed Plan Payments.”
3. Serve the Plan on all creditors and the Trustee in compliance with Fed. R. Bankr. P. 2002(b) and Mont. LBR 3015-1(d).
4. Calendar the § 341 Meeting of Creditors date (issued by Clerk) and advise Debtors that government-issued photo ID and proof of SSN must be presented.
5. Plan confirmation hearings are set per Mont. LBR 3015-3; consult the Trustee’s website for current procedures.]

END OF TEMPLATE – READY FOR LEGAL REVIEW AND CLIENT CUSTOMIZATION