DISCLAIMER
I am not your attorney. This template is provided for general educational purposes only and must be reviewed, adapted, and filed by a licensed attorney admitted to practice before the United States Bankruptcy Court for the applicable District in North Carolina. Always consult the Federal Rules of Bankruptcy Procedure (“FRBP”), the North Carolina Local Bankruptcy Rules (“NC LBR”), and the current Official Bankruptcy Forms before filing.

CHAPTER 13 VOLUNTARY PETITION & PLAN

United States Bankruptcy Court – [DISTRICT NAME (E.D.N.C./M.D.N.C./W.D.N.C.)]

[// GUIDANCE: This consolidated template marries the mandatory Official Form 101 (Voluntary Petition), key debtor declarations, and a model Chapter 13 Plan outline compliant with 11 U.S.C. §§ 301, 1321–1328, FRBP 1007 & 3015, and the NC LBR. Replace every bracketed item before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1. Voluntary Petition Elements
   3.2. Chapter 13 Plan Summary
   3.3. Payment Terms & Funding Mechanism
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Title: Voluntary Petition for Individuals Filing for Bankruptcy under Chapter 13 of the Bankruptcy Code
Debtor(s):
• Debtor 1: [FULL LEGAL NAME] (“Debtor”)
• Debtor 2: [FULL LEGAL NAME] (if joint) (“Joint Debtor”)
Case No.: [To be assigned by Clerk]
Chapter: 13
District: [E.D.N.C. / M.D.N.C. / W.D.N.C.]
Date Filed: [MM/DD/YYYY]
Counsel for Debtor(s): [FIRM NAME, NC BAR NO., ADDRESS, PHONE, EMAIL]

Recitals
A. Debtor is an individual eligible for relief under 11 U.S.C. § 109(e).
B. Debtor desires to obtain the protection of the automatic stay under 11 U.S.C. § 362 and to propose a plan to adjust debts under Chapter 13.
C. Venue is proper in this District pursuant to 28 U.S.C. § 1408.

2. DEFINITIONS

The following terms (alphabetically listed) have the meanings indicated below and apply throughout this Petition and Plan.

“Administrative Claim” – A claim allowable under 11 U.S.C. § 503(b) that is entitled to priority under § 507(a)(2).

“Automatic Stay” – The injunction imposed by 11 U.S.C. § 362 upon filing of this Petition.

“Case” – The above-captioned Chapter 13 bankruptcy proceeding.

“Creditor” – Any entity holding a claim against Debtor at the Petition Date.

“Disposable Income” – Projected disposable income as defined in 11 U.S.C. § 1325(b)(2).

“Plan” – The Chapter 13 plan set forth in Section 3.2 et seq., as amended or modified.

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

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

“Trustee” – The standing Chapter 13 trustee appointed for this District.

3. OPERATIVE PROVISIONS

3.1 Voluntary Petition Elements (Official Form 101 – Key Data Points)

1. Personal Information
   a. Full Names: [DEBTOR 1]; [JOINT DEBTOR]
   b. Residential Address: [STREET, CITY, NC ZIP]
   c. Mailing Address (if different): [ADDRESS]
   d. SSN/ITIN (to be provided on Official Form 121 – not filed in public docket)
   e. Marital Status: [SINGLE/MARRIED/DIVORCED]

2. Chapter & Nature of Debt
   • Chapter Elected: 13
   • Predominant Debt Type: [CONSUMER/NON-CONSUMER/MIXED]

3. Prior Bankruptcy Cases (last 8 years)
   [CASE NO., DISTRICT, DATE FILED, CHAPTER, DISPOSITION]

4. Certification of Credit Counseling
   • Course Completed On: [MM/DD/YYYY] (attach certificate)
   • Waiver Request: [IF APPLICABLE, BASIS UNDER 11 U.S.C. § 109(h)(3) or (4)]

5. Exhibits & Signatures
   • Exhibit D (corporate ownership) – “N/A (individual debtor).”
   • Signature of Attorney & Debtor verifications (see Section 10).

[// GUIDANCE: The Clerk will require all Official Schedules, the Statement of Financial Affairs (Form 107), and the Chapter 13 Plan within 14 days of the Petition per FRBP 1007(c).]

3.2 Chapter 13 Plan Summary

[// GUIDANCE: Each NC District has its own mandatory model plan form. Insert that form’s substantive articles verbatim or cross-reference to the local form. The outline below tracks common structure to ensure compliance with 11 U.S.C. § 1322 and NC LBR 3015-1.]

Article I Plan Payments & Length
• Payment Amount: $[AMOUNT] per [WEEK/BI-WEEK/MONTH], commencing [FIRST PAY DATE].
• Payroll Deduction: [YES/NO]. Employer: [NAME & ADDRESS].
• Applicable Commitment Period: [36/60] months.

Article II Administrative & Priority Claims
• Trustee’s Statutory Fee: As allowed by law.
• Attorney’s Fees: $[TOTAL], of which $[PAID] pre-petition; balance paid as administrative claim.
• Domestic Support Obligations (“DSO”): [YES/NO]. If yes, holder: [NAME & ADDRESS]; treatment: 100 % of allowed claim.

Article III Secured Claims
A. Real Property – Cure & Maintain (11 U.S.C. § 1322(b)(5))
1. Lender: [CREDITOR]; Collateral: [ADDRESS]; Pre-petition Arrearage: $[ ], cured at $[ ]/mo.
B. Vehicles – 910-Day Claims (§ 1325(a)(9))
1. Creditor: [ ]; Year/Model: [ ]; Debt: $[ ]; Interest: [RATE]% simple; Value: $[ ].
C. Liens to Be Avoided (§ 522(f))
[List if applicable.]

Article IV Unsecured Non-Priority Claims
• Projected Pool: Not less than $[MIN-DIVIDEND] or [PERCENTAGE]% of allowed claims, whichever is greater, payable pro-rata.

Article V Executory Contracts & Leases
• [ASSUME/REJECT] – Description: [LEASE/BUSINESS CONTRACT].

Article VI Vesting of Property of the Estate
• Property vests in Debtor [UPON CONFIRMATION/UPON DISCHARGE].

Article VII Miscellaneous Plan Provisions
• Non-standard provisions (NC LBR 3015-1(c)(2)): [INSERT OR “NONE”].

3.3 Payment Terms & Funding Mechanism

3.3.1 All payments shall be remitted to:
[TRUSTEE LOCKBOX ADDRESS] with Case No. referenced.

3.3.2 Debtor may pre-pay the Plan at any time without penalty, provided all secured and priority claims are paid in full and unsecured creditors receive at least the distribution required by 11 U.S.C. § 1325(b)(1)(A)/(B).

3.3.3 Failure to tender a Plan payment within 30 days of its due date constitutes a “Payment Default” (see Section 6).

4. REPRESENTATIONS & WARRANTIES

4.1 Debtor warrants:
(a) Eligibility – Unsecured debts < $[ADJUSTED LIMIT], secured debts < $[ADJUSTED LIMIT] (per 11 U.S.C. § 109(e)).
(b) Accuracy – Schedules and Statement of Financial Affairs are true, complete, and correct to the best of Debtor’s knowledge.
(c) Good Faith – The Plan is proposed in good faith and not by any means forbidden by law (11 U.S.C. § 1325(a)(3)).
(d) Feasibility – Debtor reasonably believes the Plan is feasible under § 1325(a)(6).

4.2 Survival. These representations survive confirmation and are incorporated into any modified plan.

5. COVENANTS & RESTRICTIONS

5.1 Debtor shall:
a. Remit all Plan payments timely.
b. Maintain insurance on all property subject to a Creditor’s security interest.
c. Provide annual tax returns to the Trustee within 14 days of filing.
d. Seek court approval before incurring post-petition consumer debt exceeding $[THRESHOLD] (NC LBR 4001-3).

5.2 Debtor shall not transfer any interest in real property or personal property outside the ordinary course without prior court order.

6. DEFAULT & REMEDIES

6.1 Events of Default
a. Payment Default (Section 3.3.3).
b. Failure to provide required documents requested by the Trustee within 21 days.
c. Failure to maintain insurance as required in Section 5.1(b).

6.2 Notice & Cure
Upon default, the Trustee or affected Creditor shall transmit written notice to Debtor’s counsel and file same with the Court. Debtor shall have:
• 21 days to cure a Payment Default;
• 14 days to cure any non-monetary default.

6.3 Remedies
If not cured, the Trustee or Creditor may file a motion to dismiss or convert under 11 U.S.C. § 1307(c) or a motion for relief from stay under § 362(d), as applicable. The Court retains discretion to impose graduated relief, including conditional dismissal with a 180-day re-filing bar.

7. RISK ALLOCATION

7.1 Indemnification – Not applicable (consumer bankruptcy context).

7.2 Limitation of Liability – Debtor’s liability to unsecured creditors is limited to the distribution provided for in the confirmed Plan, subject to modification or conversion under the Bankruptcy Code.

7.3 Force Majeure – If Debtor suffers a material income interruption due to verified unemployment, illness, or other substantial hardship, Debtor may file a motion to modify the Plan under 11 U.S.C. § 1329.

8. DISPUTE RESOLUTION

8.1 Governing Law – Federal Bankruptcy Code (11 U.S.C.) and Federal Rules of Bankruptcy Procedure; supplemented by North Carolina law where federal law is silent.

8.2 Exclusive Forum – United States Bankruptcy Court for the [E.D.N.C./M.D.N.C./W.D.N.C.].

8.3 Arbitration – Not available; all disputes adjudicated by the Bankruptcy Court.

8.4 Jury Trial – To the limited extent a jury right exists after Stern v. Marshall considerations, Debtor knowingly and voluntarily waives the same, subject to Court approval.

8.5 Injunctive Relief – The automatic stay under 11 U.S.C. § 362 operates as statutorily granted injunctive relief upon filing of this Petition.

9. GENERAL PROVISIONS

9.1 Amendments – This Petition and Plan may be amended only by filing an amended plan under FRBP 3015(c) and serving all parties in interest pursuant to NC LBR 3015-2.

9.2 Assignment – Rights and obligations under the confirmed Plan are non-assignable absent Court order.

9.3 Successors – The provisions of the confirmed Plan bind the Trustee, any successor trustee, and all creditors.

9.4 Severability – If any provision is invalid, the remaining provisions shall remain in full force.

9.5 Integration – This document, together with the Official Forms and any amendments, constitutes the entire Chapter 13 plan and supersedes all prior proposals.

9.6 Counterparts & Electronic Signatures – This document may be executed in counterparts, including facsimile or electronic signatures in compliance with FRBP 5005 and NC LBR 5005-4.

10. EXECUTION BLOCK

Debtor 1:
I declare under penalty of perjury that the information provided in this Petition, Schedules, and Plan is true and correct.

Signature: ____ Date: ___ / ___ / 20_
Printed Name: ______

Debtor 2 (if any):
Signature: ____ Date: ___ / ___ / 20_
Printed Name: ______

Attorney for Debtor(s):
Pursuant to FRBP 9011, I certify that I have no knowledge after an inquiry that the information herein is incorrect.

Signature: ____ Date: ___ / ___ / 20_
Name & NC Bar No.: ___
Firm: ____
Address: ____
Telephone: ____
Email: ____

Verification of Creditor Matrix: (attach as separate filing if required by local rule)

Notary / Witness Acknowledgment:
[// GUIDANCE: NC bankruptcy filings generally do not require notarization; however, if your district requires verification of signature identity, insert appropriate jurat here.]

[// GUIDANCE: Prior to filing, attach:
• Official Form 106 A–J (Schedules);
• Form 107 (SOFA);
• Form 121 (SSN Statement – non-public);
• Certificate of Credit Counseling;
• Pay advices (last 60 days) OR § 521(a)(1)(B)(iv) statement;
• Payment advices certificate (NC LBR 1007-1);
• Plan service certificate per NC LBR 3015-1(e).]

END OF DOCUMENT