UNITED STATES BANKRUPTCY COURT

[SOUTHERN / EASTERN / WESTERN / NORTHERN] DISTRICT OF NEW YORK

CHAPTER 13 VOLUNTARY PETITION PACKAGE

(11 U.S.C. §§ 301, 302, 362, 1321–1330)

[// GUIDANCE: This template combines the core federal “Official Forms” language with New York-specific local‐rule overlays and trustee practices. It is intended to be a single, court-ready working file that counsel can edit, print, and electronically file. All bracketed text must be customized before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Voluntary Petition (Official Form 101 – Adapted)
4. Jurisdiction & Venue Statement
5. Chapter 13 Plan Summary (Official Form 113 / Local Plan Overlay)
6. Representations, Certifications & Declarations
7. Covenants & Ongoing Debtor Duties
8. Default, Dismissal & Remedies
9. Governing Law, Forum & Jury Waiver
10. General Provisions
11. Execution Block & Attorney Verification

1. DOCUMENT HEADER

Caption:
UNITED STATES BANKRUPTCY COURT
[DISTRICT] DISTRICT OF NEW YORK

In re: Chapter 13
[Debtor 1 Full Legal Name] Case No.: [__-_____]
[Debtor 2 Full Legal Name] (if any)
Debtor(s).

Effective Filing Date: [DATE]
Counsel of Record: [LAW FIRM NAME, ADDRESS, PHONE, E-MAIL, NY BAR NO.]
Trustee Assigned: (To be completed by Clerk)
Plan Term: [___] months, beginning no later than 30 days after the petition date per 11 U.S.C. § 1326(a)(1).

2. DEFINITIONS

For ease of reference, capitalized terms have the meanings below. Terms not defined herein have the meanings assigned in Title 11 of the United States Code (the “Bankruptcy Code”) and the Federal Rules of Bankruptcy Procedure (“FRBP”).

“Administrative Claim” – A claim entitled to priority under 11 U.S.C. § 507(a)(2).
“Automatic Stay” – The injunction imposed by 11 U.S.C. § 362 upon filing.
“Debtor” – Collectively, [Debtor 1] and, if applicable, [Debtor 2].
“District” – The [Southern/Eastern/Western/Northern] District of New York.
“Local Rules” – The Local Bankruptcy Rules (“LBR”) for the District, including any Standing Orders and General Orders.
“Petition Date” – The date stamped by the Clerk upon filing this Voluntary Petition.
“Plan” – The Chapter 13 plan set forth in § 5 below, as it may be modified.
“Trustee” – The duly appointed Chapter 13 trustee for this case.

[// GUIDANCE: Expand definitions if your fact pattern requires additional capitalized terms (e.g., “Secured Creditor,” “Domestic Support Obligation,” etc.).]

3. VOLUNTARY PETITION

(Official Form 101 – condensed; all Official Form check-boxes and signature blocks retained.)

A. Debtor Information
1. Name (First, Middle, Last): [_]
2. All Other Names used in last 8 years: []
3. Tax Identification / SSN (last 4 digits): []
4. Residential Address: [Street, City, State NY, ZIP]
5. County of Residence: [_]
6. Mailing Address (if different): []

B. Statistical/Administrative Information
1. Nature of Debts: Primarily Consumer ☐   Business ☐
2. Estimated Number of Creditors: 1-49 ☐ | 50-99 ☐ | 100-199 ☐ | 200-999 ☐ | 1,000+ ☐
3. Estimated Assets: ☐ $0-$50k ☐ $50k-$100k ☐ $100k-$500k ☐ $500k-$1 M ☐ $1 M-$10 M
4. Estimated Liabilities: ☐ $0-$50k ☐ $50k-$100k ☐ $100k-$500k ☐ $500k-$1 M ☐ $1 M-$10 M

C. Prior Bankruptcy Cases Within 8 Years (District / Case No. / Date Filed / Chapter): [___]

D. Certification Concerning Credit Counseling
Debtor(s) received the required credit-counseling briefing on [DATE] and attach Official Form 101, Part 5 certificate.

E. Signature / Attorney Declaration
[Retain Official Form 101 signature blocks exactly; insert electronic signature lines if e-filing.]

4. JURISDICTION & VENUE STATEMENT

1. Jurisdiction is proper under 28 U.S.C. § 1334 and 11 U.S.C. § 301.
2. This matter is a “core proceeding” under 28 U.S.C. § 157(b)(2).
3. Venue lies in this District pursuant to 28 U.S.C. § 1408 because the Debtor has resided and maintained a domicile in New York for the greater part of the 180 days preceding the Petition Date.
4. The Debtor elects chapter 13 relief and is an “individual with regular income” meeting 11 U.S.C. § 109(e) eligibility thresholds.

5. CHAPTER 13 PLAN SUMMARY

(Integrates Official Form 113 with NY Local-Rule nuances. Full plan must still be filed as a separate PDF or included in the e-filed package.)

5.1 Plan Payments
• Monthly Plan Payment Amount: $[___] paid to Trustee.
• Payment Method: ☐ ACH payroll deduction ☐ TFS Bill Pay ☐ Money Order/Cashier’s Check.
• First payment due: within 30 days after Petition Date.

5.2 Term
• Plan term is [36 / 60] months unless extended up to 60 months per 11 U.S.C. § 1322(d) and LBR 3015-1.

5.3 Distribution Priority
1. Trustee statutory commission.
2. Domestic Support Obligations (if any).
3. Administrative Claims (attorney’s fees capped at $[___] per LBR).
4. Secured Claims treated per §§ 1322(b)(2) & 1325(a)(5).
5. Priority Unsecured Claims (§ 507).
6. General Unsecured Claims (pro rata; projected % dividend = [__] %).

5.4 Secured Claim Treatment
[Describe collateral, valuation, interest rate, monthly conduit payments, and cram-down elections.]

5.5 Executory Contracts & Unexpired Leases
[Assume/Reject checklist.]

5.6 Vesting of Property of the Estate
Property re-vests in the Debtor: ☐ upon confirmation ☐ upon discharge.

5.7 Non-Standard Plan Provisions (LBR 3015-2)
[Any deviation from Official Form language must be reiterated here in bold-type.]

5.8 NY-Specific Plan Confirmation Addenda
• Certification of budget feasibility per LBR 2015-3.
• Lump-sum tax refund turnover protocol (SDNY/EDNY Standing Orders).
• Trustee percentage fee calculated under 28 U.S.C. § 586(e).

[// GUIDANCE: Insert the full Official Form 113 text after this summary or attach as Exhibit A.]

6. REPRESENTATIONS, CERTIFICATIONS & DECLARATIONS

6.1 Full Financial Disclosure
The Debtor certifies under penalty of perjury that the Schedules, Statement of Financial Affairs (“SOFA”), and Means Test (Form 122C-1/2) are true, correct, and complete to the best of the Debtor’s knowledge, information, and belief.

6.2 Compliance with Credit Counseling & Tax Filings
a. Pre-petition credit-counseling received within 180 days of filing.
b. All required federal, state, and local tax returns for periods ending within four (4) years of the Petition Date have been filed or will be filed no later than 14 days before the § 341 Meeting of Creditors (11 U.S.C. § 1308).

6.3 Domestic Support Obligations
The Debtor has ☐ / does not have ☐ any Domestic Support Obligation as defined in 11 U.S.C. § 101(14A).

6.4 Valuation of Collateral
Any valuation stated in the Plan represents the Debtor’s good-faith estimate consistent with 11 U.S.C. § 506(a) and FRBP 3012.

6.5 Means Test Eligibility
Debtor’s current monthly income is below ☐ / above ☐ the applicable NY median; Form 122C indicates disposable income available for unsecured creditors of $[___]/mo.

6.6 Attorney Compensation Disclosure
Counsel has agreed to accept a total fee of $[]; $[] paid pre-petition and $[___] to be paid through the Plan, subject to Court approval (11 U.S.C. § 330; LBR 2016-1).

6.7 Good-Faith Filing
This petition is filed in good faith and not for the purpose of delay or to hinder, delay, or defraud creditors (11 U.S.C. § 1325(a)(3)).

7. COVENANTS & ONGOING DEBTOR DUTIES

7.1 Plan Payments
Debtor shall tender each Plan payment on or before the due date; failure to do so constitutes a material default.

7.2 Post-Petition Obligations
Debtor shall:
a. Remain current on all post-petition Domestic Support Obligations and direct-pay secured debts (e.g., mortgages) not being paid through the Plan.
b. Provide the Trustee with copies of federal and state tax returns annually within 14 days of filing.
c. Maintain full-coverage insurance on all collateral securing a claim (vehicles, real property).

7.3 Notification of Changes
Within 14 days of any change to employment, address, or income, Debtor shall file amended Schedules I/J and serve the Trustee.

7.4 Tax Refunds
Unless otherwise ordered, Debtor shall remit to the Trustee 100% of any federal or state income-tax refund in excess of $1,500 per debtor per tax year.

8. DEFAULT, DISMISSAL & REMEDIES

8.1 Events of Default
1. Failure to make any Plan payment within 30 days of its due date.
2. Failure to remain current on post-petition Domestic Support Obligations.
3. Failure to provide required documents to the Trustee.

8.2 Notice & Cure
Upon default, the Trustee or a creditor may serve a written 21-day Notice of Default (“NOD”) pursuant to LBR 9014-2. If the Debtor cures within the notice period, the NOD is null.

8.3 Trustee’s Remedies
If the default is not cured, the Trustee may seek dismissal or conversion to Chapter 7 under 11 U.S.C. § 1307.

8.4 Creditor Remedies (Relief from Stay)
Secured creditors may file a motion for relief from the Automatic Stay (11 U.S.C. § 362(d)) after complying with LBR 4001-1(e) pre-motion letter protocol.

8.5 Limited Attorney-Fee Shift
If a creditor or the Trustee prevails in enforcing a confirmed Plan provision after notice and hearing, the Court may award reasonable attorney’s fees as an Administrative Claim.

9. GOVERNING LAW, FORUM & JURY WAIVER

9.1 Governing Law
All matters arising under, in, or related to this Chapter 13 case are governed by the Bankruptcy Code, the FRBP, and the Local Rules for the District.

9.2 Exclusive Forum
The Bankruptcy Court for the [District] District of New York retains exclusive jurisdiction.

9.3 Arbitration
Arbitration is not applicable to core bankruptcy matters (28 U.S.C. § 157; 11 U.S.C. § 362(e)).

9.4 Jury Waiver
To the extent a jury trial could otherwise be available on any non-core proceeding, the Debtor knowingly and voluntarily waives the right to a jury trial, subject to the Court’s discretion and 28 U.S.C. § 157(e).

9.5 Injunctive Relief Preservation
Nothing herein limits the scope, duration, or effect of the Automatic Stay under 11 U.S.C. § 362.

10. GENERAL PROVISIONS

10.1 Amendments & Modifications
The Debtor may modify the Plan before or after confirmation as permitted by 11 U.S.C. § 1329 and LBR 3015-4.

10.2 Successors & Assigns
All Plan provisions bind the Debtor, the Trustee, and all creditors whose claims are provided for herein, and shall inure to the benefit of their respective successors and assigns.

10.3 Severability
If any provision of the Plan is determined unenforceable, the remainder shall remain in full force unless such partial unenforceability destroys the Plan’s feasibility.

10.4 Integration
This document, including all attachments and Official Forms incorporated by reference, constitutes the entire Chapter 13 proposal.

10.5 Electronic Signatures
Pursuant to the Court’s ECF Procedures, /s/ [Name] constitutes an original signature for all purposes.

11. EXECUTION BLOCK & ATTORNEY VERIFICATION

Executed on [DATE].

Debtor 1:

[Typed Name]

Debtor 2 (if any):

[Typed Name]

Counsel for Debtor(s):

[Law Firm Name]
By: [Attorney Name], Esq.
NY Bar No. [____]

Verification (FRBP 1008):
I declare under penalty of perjury that the foregoing Petition, Schedules, Statements, and Plan are true and correct.

[If notarization required for local practice: include jurat below.]

[// GUIDANCE: Attach the following exhibits before filing]
• Exhibit A – Full Chapter 13 Plan (Official Form 113 or District-specific local form)
• Exhibit B – Creditor Matrix (text-formatted .txt file)
• Exhibit C – Schedules A/B–J, Summary of Assets & Liabilities, Declaration About Schedules
• Exhibit D – Statement of Financial Affairs (Official Form 107)
• Exhibit E – Notice to Individual Consumer Debtor (Official Form 2010)
• Exhibit F – Pay Advices (last 60 days) or Declaration under 11 U.S.C. § 521(e)(2)(B)
• Exhibit G – Means Test Calculation (Form 122C)
• Exhibit H – Certificate of Credit Counseling

END OF TEMPLATE