CHAPTER 13 VOLUNTARY PETITION PACKAGE

(Comprehensive Attorney Drafting Template – District of New Jersey)

[// GUIDANCE: This master template is purposely broader than the “Official Forms” required to be filed with the Clerk. It (i) tracks all mandatory federal forms, (ii) builds in District of New Jersey Local Rule requirements, and (iii) provides internal contractual-style protections that experienced practitioners typically integrate by motion or stipulation. Delete everything in brackets before filing.]

TABLE OF CONTENTS

1. Document Header ............................................................................................. 2
2. Definitions ......................................................................................................... 3
3. Operative Provisions ......................................................................................... 5
4. Representations & Warranties .......................................................................... 7
5. Covenants & Restrictions .................................................................................. 8
6. Default & Remedies .......................................................................................... 9
7. Risk Allocation ................................................................................................. 10
8. Dispute Resolution ........................................................................................... 11
9. General Provisions ........................................................................................... 12
10. Execution Block .............................................................................................. 13
11. Appendix A – Official Form 101 (Voluntary Petition) ................................. 14
12. Appendix B – D.N.J. Local Form Chapter 13 Plan (w/ Motions) ............... 22
13. Appendix C – Creditor Matrix Verification ................................................ 34
14. Appendix D – Declaration About Schedules (Official Form 106Dec) ........ 35
15. Appendix E – Wage Deduction Order (Trustee‐Preferred Format) ............. 36
16. Appendix F – Trustee’s Standard Standing Orders & Procedures .............. 38
17. Appendix G – Filing Checklist & Timing Chart .......................................... 41

1. DOCUMENT HEADER

Case Caption:
In re: [DEBTOR FULL LEGAL NAME]
SSN: xxx-xx-[LAST 4-DIGITS]
Debtor.

Chapter: 13
Case No.: [To be assigned by Clerk]
Judge: [Bankruptcy Judge’s Name]
Division: [Camden | Newark | Trenton]

Effective Date: [MM/DD/YYYY] (the “Petition Date”)

Governing Law: Title 11 of the United States Code (“Bankruptcy Code”) and the Federal Rules of Bankruptcy Procedure (“FRBP”); supplemented by District of New Jersey Local Bankruptcy Rules (“D.N.J. LBR”).

2. DEFINITIONS

Alphabetically defined terms used throughout this Package:

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

“Bankruptcy Court” – The United States Bankruptcy Court for the District of New Jersey.

“Chapter 13 Plan” or “Plan” – The plan filed contemporaneously herewith using the District’s mandatory local form (Appendix B), together with any subsequently filed amendments.

“Confirmation Order” – The order entered by the Bankruptcy Court confirming the Plan pursuant to 11 U.S.C. § 1325.

“Debtor” – [DEBTOR FULL LEGAL NAME], including any Joint Debtor unless the context requires otherwise.

“Disposable Income” – Has the meaning given in 11 U.S.C. § 1325(b)(2).

“Petition” – Official Form 101 (Appendix A) commencing this case in accordance with 11 U.S.C. § 301.

“Petition Date” – The date on which the Petition is filed in the Bankruptcy Court.

“Plan Payments” – The periodic payments Debtor must remit to the Chapter 13 Standing Trustee under the Plan and 11 U.S.C. § 1326.

“Standing Trustee” – The Chapter 13 trustee assigned to this case (see Appendix F for division-specific information).

3. OPERATIVE PROVISIONS

3.1 Filing of Petition
(a) Debtor hereby voluntarily commences a case under Chapter 13 by executing and filing the Petition.
(b) Debtor acknowledges that the Petition must be accompanied or supplemented within 14 days by all schedules, statements, and certificates required by 11 U.S.C. § 521(a) and FRBP 1007, unless an extension is granted.

3.2 Automatic Stay
Upon the Petition Date, the Automatic Stay takes effect pursuant to 11 U.S.C. § 362(a), enjoining all collection activity against Debtor and property of the estate, except as otherwise provided in § 362(b) or further Court order.

3.3 Payment of Filing Fee
Debtor shall pay the statutory filing fee either (i) in full upon filing or (ii) in installments pursuant to FRBP 1006 and Local Rule 1006-1. Failure to complete payment constitutes cause for dismissal under FRBP 1017(b)(1).

3.4 Submission of Chapter 13 Plan
(a) Debtor shall file the Plan on the Petition Date or within 14 days thereafter, as mandated by FRBP 3015(b) and LBR 3015-1.
(b) The Plan must utilize the District of New Jersey “Chapter 13 Plan and Motions” Local Form (Appendix B) in its most current version.

3.5 Commencement of Plan Payments
Debtor shall commence Plan Payments not later than 30 days after the Petition Date as required by 11 U.S.C. § 1326(a)(1) and LBR 2083-1(a).

3.6 Service and Notice
Debtor shall serve all motions incorporated in the Plan in compliance with FRBP 2002, 3015, and LBR 3015-1(d). Proof of service must be filed before the confirmation hearing.

4. REPRESENTATIONS & WARRANTIES

4.1 Accuracy of Information
Debtor represents that all information provided in the Petition, Schedules, Statement of Financial Affairs (“SOFA”), and Plan is true, complete, and correct to the best of Debtor’s knowledge, information, and belief.

4.2 Eligibility
Debtor warrants eligibility for relief under Chapter 13 pursuant to 11 U.S.C. § 109(e) (unsecured and secured debt limits).

4.3 Credit Counseling
Debtor represents completion of an approved credit-counseling course within 180 days pre-petition in accordance with 11 U.S.C. § 109(h); certificate attached to Petition.

4.4 Good-Faith Filing
Debtor warrants that the Petition and Plan are filed in good faith and not for the purpose of hindering, delaying, or defrauding creditors.

4.5 Survival
All representations and warranties made herein shall survive conversion or dismissal of this case until all estate property is fully administered under 11 U.S.C. § 350.

5. COVENANTS & RESTRICTIONS

5.1 Ongoing Obligations
Debtor shall:
(a) File complete and accurate tax returns when due and provide copies to the Standing Trustee upon request;
(b) Maintain payments on post-petition domestic support obligations, if any;
(c) Obtain Court approval before incurring post-petition debt exceeding $5,000 (LBR 4001-3);
(d) Promptly notify the Standing Trustee of any change in address, employment, or income.

5.2 Asset Transfers
Debtor shall not sell, transfer, or encumber property of the estate outside ordinary course of business absent Court authorization pursuant to 11 U.S.C. § 363(b).

5.3 Insurance
Debtor shall maintain insurance on any real or personal property serving as collateral for secured claims, naming secured creditors as loss payees when required by contract or applicable law.

6. DEFAULT & REMEDIES

6.1 Events of Default
Default occurs upon:
(a) Failure to remit any Plan Payment within 30 days of its due date;
(b) Material misrepresentation in any filed document;
(c) Failure to comply with a Court order;
(d) Dismissal or conversion of the case under 11 U.S.C. §§ 1307(c) or (d).

6.2 Notice & Cure
The Standing Trustee or affected creditor shall provide written notice of default with a 21-day cure period, unless the Court orders otherwise.

6.3 Remedies
If default is not timely cured, the Standing Trustee or any party-in-interest may seek:
(a) Dismissal of the case;
(b) Conversion to Chapter 7;
(c) Relief from the Automatic Stay;
(d) Such other relief as the Court deems just and proper.

6.4 Attorney Fees & Costs
Reasonable attorney fees and costs incurred in enforcing Plan provisions or curing defaults may be allowed as an administrative expense under 11 U.S.C. §§ 503(b) and 507(a)(2), subject to Court approval.

7. RISK ALLOCATION

7.1 Indemnification
Not applicable; no party assumes third-party liability herein.

7.2 Limitation of Liability
Debtor’s liability to unsecured creditors is limited to the distribution provided for in the confirmed Plan and any disposable income committed under 11 U.S.C. § 1325(b).

7.3 Force Majeure
Should a force-majeure event (e.g., serious illness, natural disaster, involuntary job loss) materially impair Debtor’s ability to perform, Debtor may move for Plan modification under 11 U.S.C. § 1329.

8. DISPUTE RESOLUTION

8.1 Governing Law
This case is governed exclusively by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and District of New Jersey Local Rules.

8.2 Forum Selection
All disputes and motions shall be heard by the United States Bankruptcy Court for the District of New Jersey. Venue is proper under 28 U.S.C. § 1408.

8.3 Arbitration
Arbitration is not available for matters arising under Title 11.

8.4 Jury Waiver
To the extent a right to trial by jury might otherwise exist, Debtor knowingly and voluntarily waives such right for all pre-confirmation contested matters. Post-confirmation issues are governed by applicable non-bankruptcy law.

8.5 Injunctive Relief
The Automatic Stay under 11 U.S.C. § 362 and, upon confirmation, the Plan’s injunctive provisions provide adequate injunctive relief. Parties retain the right to seek additional equitable relief from the Court as needed.

9. GENERAL PROVISIONS

9.1 Amendments & Modifications
(a) Pre-confirmation amendments to the Plan require compliance with FRBP 3015(c) and LBR 3015-2.
(b) Post-confirmation modifications must satisfy 11 U.S.C. § 1329 and FRBP 3015(h).

9.2 Assignment
Rights and obligations under the Plan are personal to Debtor and may not be assigned without Court approval.

9.3 Successors & Assigns
The Plan binds Debtor, each creditor, the Standing Trustee, and their respective successors and assigns upon confirmation.

9.4 Severability
If any provision herein is found unenforceable, the remaining provisions shall remain in full force so long as the central purposes can still be fulfilled.

9.5 Entire Agreement
The confirmed Plan, together with the Confirmation Order, constitutes the entire agreement among the parties with respect to treatment of claims and supersedes all prior proposals or understandings.

9.6 Counterparts; Electronic Signatures
This Package may be executed in multiple counterparts, including electronic signatures compliant with FRBP 5005(a)(2) and the Court’s ECF Procedures, each of which is deemed an original.

10. EXECUTION BLOCK

Executed this ___ day of _, 20.

DEBTOR:

[Debtor Name]

JOINT DEBTOR (if any):

[Joint Debtor Name]

ATTORNEY FOR DEBTOR:

[Attorney Name], Esq.
Firm: [Law Firm Name]
NJ Bar ID: [__]
Address: [___]
Phone: [__]
Email: [__]

[// GUIDANCE: Notarization is not required for the Petition, but certain ancillary affidavits (e.g., mortgage loan modification certifications) may require it under NJ practice.]

APPENDICES

The following appendices supply practitioner-ready, fillable versions of every primary document customarily filed in a Chapter 13 commencement package for the District of New Jersey. Each form is set with [PLACEHOLDER] fields and internal cross-references. Official numbering and formatting conform to the current Administrative Office of the U.S. Courts releases and D.N.J. LBR mandates.

Appendix A

OFFICIAL FORM 101 – VOLUNTARY PETITION FOR INDIVIDUALS FILING FOR BANKRUPTCY

[// GUIDANCE: The AOUSC periodically updates this form. Confirm the version date on uscourts.gov before filing.]

1. Personal Information
   a. Debtor’s full name: [______]
   b. All other names used in last 8 years: [______]
   c. Address: [Street, City, State NJ, ZIP]
   d. County: [______]
   e. If Debtor has another address: [______]

(Continue completing all numbered items exactly as set out in Official Form 101. Placeholder language provided for each item.)

Appendix B

DISTRICT OF NEW JERSEY LOCAL FORM – CHAPTER 13 PLAN AND MOTIONS

[// GUIDANCE: This is the mandatory Plan form adopted 02/01/2020 (or later). Integrate any Court-published revisions immediately upon release.]

1. Notice & Hearing Information
2. Plan Payments, Length, and Distribution
3. Secured Claims Treatment
4. Priority Claims Treatment
5. General Unsecured Claims
6. Executory Contracts & Unexpired Leases
7. Motions – e.g., lien avoidance, § 522(f) motions, cramdowns
8. Vesting of Property of the Estate
9. Other Plan Provisions

(Insert full local form body with [PLACEHOLDER] fields for payment amount, term, collateral description, etc.)

Appendix C

VERIFICATION OF CREDITOR MATRIX

“I, [Debtor Name], declare under penalty of perjury that the attached master mailing list, consisting of [#] pages, is complete, correct, and consistent with the debtor’s schedules.”

Date: ____

Signature: _______

Appendix D

DECLARATION ABOUT SCHEDULES (Official Form 106Dec)

(Standard AOUSC language with signature blocks pre-inserted.)

Appendix E

PROPOSED WAGE DEDUCTION ORDER

IN RE: [Debtor] – Case No. [______]
Employer: [Name & Address]

IT IS ORDERED that the above-named employer deduct $[_____] per [weekly/bi-weekly/monthly] pay period and remit same to the Chapter 13 Standing Trustee [Trustee Name & Payment Address] until further order of this Court.

Appendix F

STANDING TRUSTEE INFORMATION & PROCEDURES

Camden Division: Isabel C. Balboa
• Payment Address: P.O. Box 1978, Memphis, TN 38101-1978
• Accepts TFS (epay) payments: Yes

Newark Division: Marie-Ann Greenberg
• Payment Address: P.O. Box 190, Memphis, TN 38101-0190

Trenton Division: Albert Russo
• Payment Address: P.O. Box 4853, Trenton, NJ 08650-4853

[// GUIDANCE: Confirm trustee payment addresses and e-pay availability immediately before filing.]

Key Trustee Deadlines:
• First Plan Payment: within 30 days of Petition Date
• 341(a) Meeting: typically 21–50 days post-petition
• Documents Due to Trustee: 7 days before 341(a) (tax returns, pay stubs, etc.)

Appendix G

FILING CHECKLIST & TIMING CHART – DISTRICT OF NEW JERSEY (CHAPTER 13)

[// GUIDANCE: This template is designed for immediate practitioner use. Verify all statutory citations and local rule references against the most current amendments before filing. Always reconcile dollar limits (e.g., debt ceiling under § 109(e)) with the latest Judicial Conference adjustments.]