CHAPTER 13 BANKRUPTCY PETITION & PLAN PACKAGE

United States Bankruptcy Court, District of Nevada
[// GUIDANCE: This master template consolidates all first-day Chapter 13 filing components—Voluntary Petition, Schedules summary, Statement of Financial Affairs, and a Nevada-compliant Plan term sheet—into a single, attorney-editable document. It is not a substitute for the Official Bankruptcy Forms; rather, it provides defensively-drafted language, local-rule prompts, and strategic placeholders so counsel can assemble a court-ready filing quickly.]

TABLE OF CONTENTS

1. I. Document Header
2. II. Definitions
3. III. Operative Provisions
4. IV. Representations & Warranties
5. V. Covenants & Restrictions
6. VI. Default & Remedies
7. VII. Risk Allocation
8. VIII. Dispute Resolution
9. IX. General Provisions
10. X. Execution Block
11. Exhibit A – Chapter 13 Plan Term Sheet (District of Nevada)
12. Exhibit B – Filing Index & Checklist

I. DOCUMENT HEADER

VOLUNTARY PETITION – CHAPTER 13
[Debtor Full Legal Name] and, if applicable, [Joint Debtor Full Legal Name]
U.S. Bankruptcy Court, District of Nevada ­– [Reno Division / Las Vegas Division]
Case No.: [To be assigned]
Petition Date (the “Petition Date”): [MM/DD/YYYY]
RECITALS
A. Debtor is an individual (or married couple) eligible to be a debtor under 11 U.S.C. §§ 109(e) and 301.
B. Debtor has received approved credit counseling within 180 days pre-petition and desires to adjust debts under Chapter 13.
C. Venue is proper in this District under 28 U.S.C. § 1408.
D. Debtor will file all Official Forms and exhibits contemporaneously or within the time permitted by Fed. R. Bankr. P. 1007.

II. DEFINITIONS

(Alphabetical; capitalized terms used throughout this Package.)

• “Automatic Stay” – the injunction arising under 11 U.S.C. § 362.
• “Bankruptcy Code” – title 11 of the United States Code.
• “Case” – the above-captioned Chapter 13 case.
• “Court” – the U.S. Bankruptcy Court for the District of Nevada.
• “Debtor” – collectively, the debtor(s) listed in the Document Header.
• “Petition Date” – see Document Header.
• “Plan” – the Chapter 13 repayment plan filed in substantially the form of Exhibit A.
• “Property of the Estate” – property described in 11 U.S.C. §§ 541 & 1306.
• “Trustee” – the standing Chapter 13 trustee assigned to this Case.

[// GUIDANCE: Add any defined terms unique to your fact pattern—e.g., “Secured Creditor,” “Domestic Support Obligation,” etc.]

III. OPERATIVE PROVISIONS

3.1 Filing of Voluntary Petition

Debtor hereby files a voluntary petition under Chapter 13 pursuant to 11 U.S.C. § 301.

3.2 Filing Fee

Debtor shall pay the filing fee of $[PLACEHOLDER] in accordance with Fed. R. Bankr. P. 1006; if electing to pay in installments, Debtor must file Official Form 103A concurrent with this Petition.

3.3 Schedules, Statements, and Other Initial Documents

Debtor shall file the following within 14 days after the Petition Date (unless already filed):
a. Schedules A/B through J;
b. Summary of Assets and Liabilities (Official Form 106Sum);
c. Statement of Financial Affairs (Official Form 107);
d. Chapter 13 Statement of Current Monthly Income & Calculation of Commitment Period (Official Form 122C-1) and Disposable Income (Official Form 122C-2);
e. Certificate of Credit Counseling and Debt Repayment Plan;
f. Payment Advices Declaration (Fed. R. Bankr. P. 1007(b)(1)(E));
g. Local Form: Declaration Re: Electronic Filing (D. Nev. LBR).

3.4 Commencement of Plan Payments

Pursuant to 11 U.S.C. § 1326(a)(1), Debtor shall commence payments to the Trustee in the amount of $[MONTHLY PAYMENT] no later than 30 days after the Petition Date.

3.5 Plan Terms & Duration

The Plan (Exhibit A) proposes payments for [36 / 60] months (the “Applicable Commitment Period”), or such longer period as necessary to pay allowed secured and priority claims in full.

3.6 Plan Confirmation Requirements (Nevada Specific)

a. Compliance with 11 U.S.C. § 1325(a) & (b);
b. Adherence to District of Nevada Local Rule 3015 and the NV-CH13 standard form plan;
c. Provision of two most-recent tax returns and 60 days of payment advices to Trustee no later than 7 days before the § 341 meeting;
d. If wage-deduction is required by the Trustee, Debtor shall submit a proposed wage-order in the form prescribed by the Court.

3.7 Trustee’s Authority

Trustee is authorized to receive, hold, and disburse Plan payments in accordance with Exhibit A and Trustee’s customary procedures.

3.8 Debtor’s Post-Petition Duties

a. Timely filing of all post-petition tax returns;
b. Maintenance of insurance on all property securing claims;
c. Prohibition on incurring post-petition credit exceeding $[PLACEHOLDER] without Court approval.

IV. REPRESENTATIONS & WARRANTIES

4.1 Accuracy and Completeness
Debtor represents, under penalty of perjury, that all information contained in the Petition, Schedules, Statements, and Plan is true and correct to the best of Debtor’s knowledge, information, and belief.

4.2 Good-Faith Filing
Debtor warrants that this Case and Plan are filed in good faith under 11 U.S.C. § 1325(a)(3).

4.3 Credit Counseling
Debtor has completed an approved credit-counseling course within 180 days pre-petition.

4.4 Domestic Support Obligations
Debtor has listed all domestic support obligations and is current on post-petition payments or will become current as provided in the Plan.

[// GUIDANCE: Attach separate Disclosure Schedules if complex assets or litigation claims exist.]

V. COVENANTS & RESTRICTIONS

5.1 Documentation Covenant
Debtor shall provide the Trustee with:
• Annual tax returns within 14 days of filing;
• Updated pay stubs upon Trustee request;
• Evidence of vehicle and homeowner’s insurance upon request.

5.2 Negative Covenants
Without prior Court authorization, Debtor shall not:
a. Obtain credit in excess of $[PLACEHOLDER];
b. Transfer, sell, or encumber estate property outside the ordinary course of business.

5.3 Notice & Cure
Debtor must cure any non-monetary covenant breach within 21 days of Trustee’s written notice.

VI. DEFAULT & REMEDIES

6.1 Payment Default
Failure to make two consecutive Plan payments constitutes an Event of Default.

6.2 Trustee Remedies
Upon an Event of Default, Trustee may:
a. File a motion to dismiss or convert;
b. Seek wage-order enforcement;
c. Demand amended Plan curing arrears within 14 days.

6.3 Creditor Remedies
Secured creditors may seek stay relief under 11 U.S.C. § 362(d) upon notice of default served on Debtor and Trustee with a 14-day cure right, unless the Plan provides alternate treatment.

6.4 Attorney’s Fees & Costs
If Debtor’s default results in litigation, reasonable attorney’s fees may be awarded as an administrative expense under 11 U.S.C. § 503(b).

VII. RISK ALLOCATION

7.1 Indemnification
Not applicable; no third-party indemnity is created by this filing.

7.2 Limitation of Liability
Debtor’s liability to creditors is limited to amounts payable under the confirmed Plan and the provisions of the discharge under 11 U.S.C. § 1328.

7.3 Force Majeure / Hardship
Should unforeseen circumstances (e.g., job loss, medical emergency) materially affect Debtor’s ability to make Plan payments, Debtor may file a motion to modify the Plan under 11 U.S.C. § 1329 or, if appropriate, for a hardship discharge under 11 U.S.C. § 1328(b).

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Case is governed exclusively by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the Local Rules of the U.S. Bankruptcy Court for the District of Nevada.

8.2 Forum Selection
All proceedings shall be heard by the U.S. Bankruptcy Court, District of Nevada.

8.3 Arbitration
Not available; core bankruptcy matters are non-arbitrable.

8.4 Jury Waiver
To the extent a jury trial right might otherwise exist in any non-core proceeding, Debtor knowingly and voluntarily waives such right, subject to Court approval.

8.5 Injunctive Relief
Automatic Stay under 11 U.S.C. § 362 provides immediate injunctive relief against creditor collection efforts.

IX. GENERAL PROVISIONS

9.1 Amendments & Modifications
Any amendment to the Petition, Schedules, or Plan must comply with Fed. R. Bankr. P. 1009 & 3015 and shall be filed with a redline-comparison where required by local practice.

9.2 Assignment
Neither this Petition nor the Plan is assignable; obligations run with the Debtor and the bankruptcy estate.

9.3 Binding Effect; Successors
Upon confirmation, the Plan binds Debtor, each creditor, and the Trustee pursuant to 11 U.S.C. § 1327.

9.4 Severability
If any provision herein is determined invalid, remaining provisions remain enforceable to the fullest extent permitted by law.

9.5 Integration/Merger
This Package, together with the Official Forms filed concurrently, constitutes the entire understanding regarding commencement of this Chapter 13 Case.

9.6 Counterparts; Electronic Signatures
This Package may be executed in counterparts and via facsimile or electronic signature consistent with Fed. R. Bankr. P. 5005 and the Court’s CM/ECF Administrative Procedures.

X. EXECUTION BLOCK

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

DATED: ___ ______
[Debtor Name], Debtor

DATED: ___ ______
[Joint Debtor Name], Joint Debtor (if any)

ATTORNEY CERTIFICATION
The undersigned certifies that the foregoing document is complete and accurate to the best of counsel’s knowledge and complies with all applicable rules.

DATED: ___ ______
[Attorney Name], Esq.
NV Bar No. [______]
Attorney for Debtor(s)
[// GUIDANCE: Notarization generally not required for bankruptcy petitions, but verify if local rule changes have reinstated a verification form for pro se filers.]

EXHIBIT A – CHAPTER 13 PLAN TERM SHEET (DISTRICT OF NEVADA)

[The full NV-CH13 Plan form must be filed; the following term sheet is a drafting aid.]

1. Plan Notices (Part 1)
   • Nonstandard Provisions? ☐ Yes / ☐ No
2. Payment & Length (Part 2)
   • Monthly Payment: $[_]
   • Commitment Period: ☐ 36 mos. / ☐ 60 mos.
   • Additional Lump Sum: $[_] on [date]
3. Secured Claims (Part 3)
   • Mortgage arrears: $[_] at [interest]%
   • Vehicle claim: Creditor [_] – Value $[____] – Interest [5.25]%
4. Priority Claims (Part 4)
   • IRS 2020 Tax Year: $[____] paid pro rata.
5. Unsecured Claims (Part 5)
   • Estimated pool: $[_] or []% dividend, whichever is greater.
6. Executory Contracts / Leases (Part 6)
   • Assume: ☐ Yes – Contract [_]
   • Reject: ☐ Yes – Lease [_]
7. Nonstandard Provisions (Part 8)
   • [Insert text—e.g., direct mortgage payments continue outside plan.]

[// GUIDANCE: After populating, transpose data into the Court-approved plan PDF or enhanced fillable form, obtain debtor signature, and upload via CM/ECF using event code “Chapter 13 Plan.”]

EXHIBIT B – FILING INDEX & CHECKLIST

1. Voluntary Petition (Official Form 101) – THIS DOCUMENT
2. Creditor Matrix – PDF & text file
3. Certificate of Credit Counseling
4. Schedules A/B–J (Official Forms 106A/B-106J)
5. Summary of Assets & Liabilities (Official Form 106Sum)
6. Declaration About Schedules (Official Form 106Dec)
7. Statement of Financial Affairs (Official Form 107)
8. Chapter 13 Statement of Current Monthly Income (Official Forms 122C-1 & C-2)
9. Chapter 13 Plan (NV-CH13-PLAN) – Exhibit A transferred
10. Payment Advices Declaration
11. Disclosure of Attorney Compensation (Form 2030)
12. Verification of Creditor Matrix
13. Local Form: Declaration Re: Electronic Filing
14. Notice of Possible Wage Order (if applicable)

[// GUIDANCE: Confirm that each item is uploaded under the correct CM/ECF event code to avoid deficiency notices; the Clerk’s Office in Nevada issues a “Notice of Incomplete Filing” if any core document is omitted.]

IMPORTANT STATUTORY REFERENCES

• 11 U.S.C. § 362 – Automatic Stay
• 11 U.S.C. § 1322 – Contents of Chapter 13 Plan
• 11 U.S.C. § 1325 – Confirmation Standards
• 11 U.S.C. § 1326 – Payment and Disbursement of Funds

[// GUIDANCE: Always cross-check this template against the latest Local Rules and Trustee Guidelines before filing, as Nevada periodically revises wage-order procedures and form Plan provisions.]