UNITED STATES BANKRUPTCY COURT
DISTRICT OF NORTH DAKOTA
Chapter 13 Voluntary Petition and Plan
(Comprehensive Attorney-Draft Template – ND Version)
[// GUIDANCE: This template is designed to accompany the Official Bankruptcy Forms (Official Forms 101, 106 series, 107, 113, etc.). Insert the data generated by the client-interview software or manual intake where bracketed placeholders appear. Adjust all cross-references after final editing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Voluntary Petition – Core Allegations & Jurisdiction
- Chapter 13 Plan – Operative Provisions
- Representations & Warranties
- Covenants & Compliance Undertakings
- Default & Remedies
- Risk Allocation
- Dispute Resolution & Governing Law
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Caption
IN RE: [DEBTOR FULL LEGAL NAME]
[JOINT DEBTOR FULL LEGAL NAME] (if applicable)
Debtor(s).
Case No.: _____ Chapter 13
VOLUNTARY PETITION AND CHAPTER 13 PLAN
Effective Date: Upon electronic filing with the Clerk, U.S. Bankruptcy Court, District of North Dakota, on [MM/DD/YYYY].
Recitals
A. Debtor is an individual eligible for relief under 11 U.S.C. § 109(e).
B. Debtor seeks to effectuate a repayment plan under 11 U.S.C. §§ 1321–1330.
C. This Petition and Plan are submitted in conformity with (i) the Federal Rules of Bankruptcy Procedure, (ii) the Bankruptcy Code, and (iii) Local Rules and Standing Chapter 13 Trustee Guidelines for the District of North Dakota (collectively, the “ND Local Requirements”).
2. DEFINITIONS
For purposes of this Petition and Plan:
“Automatic Stay” means the injunction imposed by 11 U.S.C. § 362 upon the filing of the Petition.
“Bankruptcy Code” means title 11 of the United States Code.
“Confirmation Date” means the date on which the Court enters an order confirming this Plan under 11 U.S.C. § 1325.
“Petition Date” means the date set forth in Section 1 above.
“Plan” means the payment and treatment provisions in Section 4, as may be modified under Section 10.
“Trustee” means the duly appointed standing Chapter 13 trustee for the District of North Dakota.
[Add additional defined terms as needed, in alphabetical order.]
3. VOLUNTARY PETITION – CORE ALLEGATIONS & JURISDICTION
3.1 Chapter Election. Debtor hereby elects relief under Chapter 13 pursuant to 11 U.S.C. § 301.
3.2 Jurisdiction & Venue. This Court has jurisdiction under 28 U.S.C. §§ 157(a) and 1334(a); venue is proper under 28 U.S.C. § 1408.
3.3 Certification of Credit Counseling. Debtor has satisfied 11 U.S.C. § 109(h) as evidenced by Exhibit [NUMBER] attached to Official Form 101.
3.4 Prior Bankruptcy Cases. [DISCLOSE prior cases filed within 8 years; otherwise state “None.”]
3.5 Nature of Debts. Debtor’s debts are primarily [consumer/business] as detailed in Schedules E/F.
3.6 Statistical Summary. Aggregate noncontingent, liquidated, unsecured debt does not exceed the Chapter 13 threshold of 11 U.S.C. § 109(e).
4. CHAPTER 13 PLAN – OPERATIVE PROVISIONS
[// GUIDANCE: The numbered format below tracks Official Form 113 while adding ND-specific placeholders and defensive drafting language.]
4.1 Plan Term. [___] months beginning on the first day of the month following the Petition Date unless otherwise ordered.
4.2 Plan Payments. Debtor shall pay to the Trustee $[AMOUNT] per [WEEK/MONTH] from [SOURCE, e.g., wages, Social Security], commencing [MM/DD/YYYY].
4.3 Distribution Hierarchy. Unless otherwise ordered:
a. Trustee’s statutory fees;
b. Adequate protection payments under 11 U.S.C. § 1326(a)(1);
c. Domestic support obligations (if any);
d. Administrative expenses (debtor’s counsel fees capped at $[___] absent further order);
e. Secured claims as set forth in ¶ 4.4;
f. Priority unsecured claims under 11 U.S.C. § 507;
g. Nonpriority unsecured claims pro rata.
4.4 Secured Claims Treatment.
| Creditor | Collateral | § 506 Valuation | Interest Rate | Monthly Disbursement | Treatment |
|----------|------------|-----------------|---------------|----------------------|-----------|
| [NAME] | [DESCRIPTION] | $[VALUE] | [RATE]% | $[PAYMENT] | [CRAMDOWN/MAINTAIN/ SURRENDER] |
4.5 Lease & Executory Contract Assumption/Rejection. [List in compliance with ND Local Requirements.]
4.6 Domestic Support Obligations. [List payee, monthly amount, arrearage cure schedule.]
4.7 Tax Refunds. Unless otherwise ordered, Debtor shall remit 100 % of federal and state tax refunds in excess of $[THRESHOLD] annually to the Trustee for distribution under the Plan.
4.8 Disposable Income & Best-Interest Test. Debtor projects disposable income of $[AMOUNT] per § 1325(b)(2). The present value to unsecured creditors equals or exceeds the liquidation value of non-exempt assets ($[AMOUNT]) pursuant to § 1325(a)(4).
4.9 Vesting of Property. Property of the estate shall revest in Debtor upon plan completion unless otherwise provided in the confirmation order.
4.10 Plan Modification After Confirmation. Debtor or Trustee may propose post-confirmation modifications in compliance with §§ 1323 or 1329 and ND Local Requirements.
5. REPRESENTATIONS & WARRANTIES
5.1 Accuracy of Schedules. Debtor represents that all schedules, statements, and amendments are true and correct to the best of Debtor’s knowledge, information, and belief.
5.2 Good-Faith Filing. Debtor warrants that this Petition and Plan are proposed in good faith and not by any means forbidden by law (11 U.S.C. § 1325(a)(3)).
5.3 Eligibility. Debtor warrants eligibility under § 109(e) and that no bar to discharge exists under §§ 1328(f) or (g).
5.4 Compliance With Local Rules. Debtor represents current compliance with ND Local Requirements and Trustee’s published procedures.
6. COVENANTS & COMPLIANCE UNDERTAKINGS
6.1 Payment Covenant. Debtor shall timely remit all payments described in ¶ 4.2 and deliver employer wage-deduction authorization where applicable.
6.2 Documentation Covenant. Debtor shall, within 7 days of Trustee request, provide updated pay advices, tax returns, insurance declarations, and any additional documentation required for plan administration.
6.3 Post-Petition Obligations. Debtor shall remain current on post-petition mortgage payments, domestic support obligations, and taxes as they become due.
6.4 Automatic Stay Preservation. Debtor shall not incur post-petition debt exceeding $[___] without Court approval, thereby safeguarding the § 362 protections.
7. DEFAULT & REMEDIES
7.1 Events of Default.
a. Failure to tender any Plan payment within 30 days of its due date;
b. Failure to provide documentation required under ¶ 6.2 within 14 days of written notice;
c. Post-petition domestic support arrearage exceeding one month;
d. Material misrepresentation in any filed document.
7.2 Cure Period. Debtor may cure a monetary default within 14 days after Trustee’s written notice (email acceptable).
7.3 Trustee Remedies. Upon expiration of the cure period, the Trustee may file a motion to dismiss or convert under 11 U.S.C. § 1307(c).
7.4 Creditor-Specific Remedies. Secured creditors may seek relief from stay under § 362(d) upon Debtor’s failure to comply with collateral-specific provisions in ¶ 4.4, following 10-day notice of default.
7.5 Attorney Fees & Costs. If the Court grants a creditor or Trustee motion based on Debtor default, reasonable attorney fees and costs shall be treated as administrative expenses under §§ 330 and 503(b).
8. RISK ALLOCATION
8.1 Indemnification. Not applicable by operation of the Bankruptcy Code; no party is providing indemnity.
8.2 Limitation of Liability. Debtor’s aggregate monetary liability to unsecured creditors is capped at the distributions provided in ¶ 4.3 pursuant to the confirmation order.
8.3 Force Majeure. If Debtor suffers a verified hardship (e.g., involuntary job loss, medical emergency), Debtor may seek suspension or modification of Plan payments under § 1329 and ND Local Requirements.
9. DISPUTE RESOLUTION & GOVERNING LAW
9.1 Governing Law. This Petition and Plan are governed by the Bankruptcy Code, Federal Rules of Bankruptcy Procedure, and ND Local Requirements.
9.2 Forum Selection. All matters shall be heard exclusively by the United States Bankruptcy Court for the District of North Dakota.
9.3 Arbitration. Inapplicable; core proceedings are non-arbitrable pursuant to 28 U.S.C. § 157.
9.4 Jury Waiver. To the extent a jury right exists in any related proceeding, Debtor knowingly and voluntarily waives such right except as preserved under applicable non-bankruptcy law.
9.5 Injunctive Relief. The Automatic Stay under § 362 constitutes injunctive relief binding upon all entities upon the Petition Date.
10. GENERAL PROVISIONS
10.1 Amendments & Waivers. No provision may be amended or waived except by Court order after notice and opportunity for hearing.
10.2 Assignment. Debtor may not assign rights or delegate duties under this Plan without Court approval.
10.3 Successors & Assigns. The Plan binds Debtor, all creditors, and any successor trustee appointed in this case.
10.4 Severability. If any provision is determined unenforceable, the remaining provisions shall be given full effect to the maximum extent permitted.
10.5 Integration. This document, together with the Official Forms, constitutes the entire Petition and Plan. No extrinsic evidence may vary its terms.
10.6 Electronic Signatures. Signatures captured and filed via the Court’s CM/ECF system constitute original signatures for all purposes.
11. EXECUTION BLOCK
Executed on [MM/DD/YYYY].
Debtor:
[DEBTOR NAME], Debtor
Joint Debtor (if any):
[JOINT DEBTOR NAME], Joint Debtor
Debtor’s Counsel:
[ATTORNEY NAME]
Bar No. [_]
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Chapter 13 Trustee Acknowledgment (Optional for ND filing):
[TRUSTEE NAME]
Notary Block (only if state law or local rule requires for specific affidavits; generally not required for electronic filing)
State of North Dakota )
County of ___ )
Subscribed and sworn before me on [MM/DD/YYYY] by the above-named Debtor(s).
Notary Public
My Commission Expires: _
[// GUIDANCE: Before filing, attach:
• Official Form 101 (Voluntary Petition) – populated with data from Sections 1–3;
• Official Form 106 series (Schedules);
• Official Form 107 (SOFA);
• Official Form 113 (Chapter 13 Plan) – replicate Section 4 herein;
• Matrix, pay advices, credit counseling certificate, and ND-specific local forms.
Cross-check all dollar amounts, creditor names, and plan terms for consistency. Validate that secured and priority treatments comply with § 1325(a) confirmation standards and ND Trustee’s current guidelines.]