UNITED STATES BANKRUPTCY COURT
[NORTHERN / SOUTHERN] DISTRICT OF OHIO – [DIVISION]

VOLUNTARY PETITION FOR INDIVIDUALS FILING FOR BANKRUPTCY UNDER CHAPTER 13

(including Model Chapter 13 Plan – Ohio)

Effective Date: [DATE]

[// GUIDANCE: This template is intentionally formatted to integrate Official Form 101 (Voluntary Petition), Official Form 122C-1/2 (Means Test), Schedules A/B–J, Statement of Financial Affairs, and the court-mandated Model Chapter 13 Plan for use in the Northern or Southern District of Ohio. Practitioners should attach the completed Official Forms in lieu of—or in addition to—Sections III–VIII below where local practice requires the standardized forms. This template adds attorney-level protections, defined terms, and preventive provisions that exceed the minimum form requirements while remaining fully compliant with 11 U.S.C. §§ 101 et seq., Federal Rules of Bankruptcy Procedure, and Local Rules/Standing Orders applicable in Ohio.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Petition & Plan Essentials)
IV. Representations & Warranties of Debtor
V. Covenants & Restrictions During the Plan Term
VI. Default & Remedies (Including Dismissal/Conversion)
VII. Risk Allocation (Liability Caps & Disclosures)
VIII. Dispute Resolution, Governing Law & Venue
IX. General Provisions
X. Execution Block & Declarations

I. DOCUMENT HEADER

A. Parties
1. Debtor: [Full Legal Name], SSN xxx-xx-[_], residing at [Address].
2. Joint Debtor (if any): [Name], SSN xxx-xx-[_].
3. Chapter 13 Trustee: (assigned upon filing).
4. United States Trustee Region 9 (Ohio).

B. Recitals
WHEREAS, Debtor is an individual eligible to be a debtor under 11 U.S.C. § 109 and seeks relief under chapter 13 of title 11 of the United States Code (“Bankruptcy Code”); and
WHEREAS, Debtor files this Voluntary Petition to obtain the protection of the automatic stay under 11 U.S.C. § 362 and proposes a plan to repay creditors in accordance with 11 U.S.C. §§ 1321–1328 and applicable Ohio local rules;

NOW, THEREFORE, Debtor submits this Petition and the accompanying Chapter 13 Plan, subject to the following terms and conditions.

II. DEFINITIONS

For purposes of this Petition and the accompanying Chapter 13 Plan, capitalized terms have the following meanings:

“Administrative Claim” – A claim entitled to priority under 11 U.S.C. § 503(b).
“Automatic Stay” – The injunction that arises upon filing under 11 U.S.C. § 362.
“Bankruptcy Court” – The United States Bankruptcy Court for the [Northern/Southern] District of Ohio, [Division].
“Bankruptcy Rules” – The Federal Rules of Bankruptcy Procedure (“Fed. R. Bankr. P.”).
“Confirmation Order” – The order entered by the Bankruptcy Court confirming the Plan under 11 U.S.C. § 1325.
“Domestic Support Obligation” – As defined in 11 U.S.C. § 101(14A).
“Petition Date” – The date this Petition is filed with the Clerk.
“Plan” – The Chapter 13 repayment plan contained in Section III.C, 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 that is not avoided under the Bankruptcy Code.
“Trustee” – The standing Chapter 13 trustee appointed for this case.

[// GUIDANCE: Add any additional defined terms that appear more than once. Keep alphabetical order.]

III. OPERATIVE PROVISIONS

A. Filing of Petition
1. Voluntary Election. Debtor voluntarily commences this case under 11 U.S.C. § 301.
2. Documents Filed Contemporaneously. Debtor files or will promptly file:
a. Official Form 101 (Petition);
b. Schedules A/B through J;
c. Summary of Assets & Liabilities;
d. Statement of Financial Affairs;
e. Statement of Current Monthly Income (Form 122C-1/2);
f. Credit Counseling Certificate(s);
g. Declaration Concerning Schedules;
h. This integrated Chapter 13 Plan.

B. Venue & Jurisdiction
Proper under 28 U.S.C. §§ 1408–1409 because Debtor has resided in this District for the greater part of the 180 days preceding the Petition Date.

C. Chapter 13 Plan Summary (Model Plan language adapted for Ohio)
1. Plan Term: [36/60] months beginning on the first day of the month following entry of the Confirmation Order.
2. Plan Payments: Debtor shall remit $[AMOUNT] per [month/bi-weekly] to the Trustee, commencing [DATE], for an aggregate scheduled funding of $[TOTAL], subject to adjustment per Sections V and VI.
3. Distribution Waterfall:
a. Trustee statutory fees;
b. Attorney compensation approved under 11 U.S.C. § 330;
c. Domestic Support Obligations;
d. Other Priority Claims;
e. Secured Claims (conduit mortgage payments and cure amounts as required by Local Rule);
f. Non-priority Unsecured Claims pro-rata.
4. Interest Rate on Secured Claims: [__] % or contract rate, whichever is lower, unless otherwise ordered.
5. Residual Non-Exempt Equity: Debtor will contribute the equivalent value of $[AMOUNT] to the Plan to satisfy the “best-interest-of-creditors” test under 11 U.S.C. § 1325(a)(4).
6. Special Provisions (Local Rule-Compliant):
– Mortgage conduit payments to be made by Trustee if required by Standing Order.
– Federal and state tax refunds [to be retained by Debtor / to be turned over to Trustee] except EITC/CTC as exempt under Ohio law.
– [Insert additional non-standard provisions]; each is set forth in boldface per Local Rule 3015-1.

IV. REPRESENTATIONS & WARRANTIES

Debtor represents, warrants, and certifies under penalty of perjury (28 U.S.C. § 1746) that:

1. Eligibility. Debtor’s non-contingent, liquidated, unsecured debts are less than the limits of 11 U.S.C. § 109(e) as of the Petition Date.
2. Accuracy. All information provided in the Petition, Schedules, Statements, and Plan is true, correct, and complete to the best of Debtor’s knowledge, information, and belief.
3. Good-Faith Filing. This case is filed in good faith and not for any improper purpose under 11 U.S.C. § 1325(a)(3).
4. Disposable Income. Debtor will apply all projected disposable income to Plan payments under 11 U.S.C. § 1325(b).
5. Domestic Support. Debtor is current on all post-petition Domestic Support Obligations or will become current pursuant to the Plan.
6. Tax Filings. All pre-petition tax returns required under federal or Ohio law have been filed or will be filed within 14 days of the Petition Date.

[// GUIDANCE: Attach a Verification page mirroring Official Form 101, Part 9.]

V. COVENANTS & RESTRICTIONS

1. Payment Covenant. Debtor shall tender each Plan payment to the Trustee by ACH, wage deduction, or other Trustee-approved method.
2. Post-Petition Obligations. Debtor must remain current on (i) post-petition domestic support obligations, (ii) ongoing mortgage payments not being paid through the Trustee, and (iii) all post-petition tax obligations.
3. Insurance. Debtor shall maintain insurance on all property securing any Secured Claim in at least the replacement value, list the Trustee and lienholder as loss-payee, and provide proof upon request.
4. Borrowing Restrictions. Debtor shall not incur consumer or business credit exceeding $1,000 in the aggregate without prior written trustee consent or court order.
5. Sale/Refinance. Debtor shall not sell, transfer, or encumber real property outside the ordinary course without court approval.
6. Reporting. Debtor shall provide the Trustee with copies of annually-filed tax returns (Fed. R. Bankr. P. 4002(b)(3)) and any financial information reasonably requested.

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Failure to make any Plan payment within 30 days of its due date;
   b. Material misrepresentation or omission in any filed document;
   c. Conversion or dismissal of the case;
   d. Violation of Section V covenants.

2. Notice & Cure
   – Trustee or affected creditor shall serve written notice of default (“Default Notice”) pursuant to Fed. R. Bankr. P. 9006.
   – Debtor has 21 days from service to cure monetary defaults and 30 days to cure non-monetary defaults unless otherwise ordered.

3. Remedies
   a. Trustee may file a motion to dismiss or convert under 11 U.S.C. § 1307.
   b. Secured creditor may obtain stay relief under 11 U.S.C. § 362(d) upon demonstration of cause if Debtor fails to cure.
   c. Upon dismissal, the automatic stay terminates and estate property revests in Debtor, subject to any creditor rights not previously discharged.

4. Attorney Fees & Costs
   – Reasonable fees and costs for enforcing the Plan or obtaining relief from stay may be added to the secured claim as allowed under 11 U.S.C. § 506(b).

VII. RISK ALLOCATION

A. Automatic Stay & Injunctive Relief
– The automatic stay of 11 U.S.C. § 362 applies immediately; violation may expose parties to sanctions under § 362(k).

B. Liability Caps (Plan Payments)
– Creditors’ recovery is limited to amounts payable under the confirmed Plan, subject to 11 U.S.C. §§ 726 and 1325.

C. Indemnification
– Not applicable; no party is indemnifying another under this Petition/Plan.

D. Force Majeure
– Debtor may seek Plan modification under 11 U.S.C. § 1329 for material financial hardship arising from circumstances beyond Debtor’s control (e.g., job loss, illness, pandemic).

VIII. DISPUTE RESOLUTION

1. Governing Law
   – Federal bankruptcy law (Title 11, United States Code) governs.
2. Exclusive Forum
   – All proceedings shall be heard exclusively by the United States Bankruptcy Court for the [Northern/Southern] District of Ohio or the U.S. District Court on withdrawal of the reference.
3. Arbitration
   – Not applicable; core matters are constitutionally and statutorily committed to the Bankruptcy Court.
4. Jury Trial
   – Jury trial rights are limited; any non-core matters subject to jury demand will be heard in the U.S. District Court only after withdrawal of the reference.
5. Injunctive Relief
   – Parties retain rights to seek injunctive or equitable relief from the Bankruptcy Court, including extension or imposition of the stay under §§ 105 and 362.

IX. GENERAL PROVISIONS

1. Amendment & Modification
   – Debtor may amend Schedules and modify the Plan before confirmation without leave, and post-confirmation pursuant to 11 U.S.C. § 1329 and Fed. R. Bankr. P. 3015-2.
2. Binding Effect
   – Upon entry of the Confirmation Order, the Plan is binding on Debtor, Trustee, and all creditors under 11 U.S.C. § 1327.
3. Successors & Assigns
   – Obligations herein bind Debtor’s successors, but not heirs post-discharge except as provided by non-bankruptcy law.
4. Severability
   – If any provision is unenforceable, the remainder shall remain in full force, provided the Plan can be feasibly performed.
5. Integration
   – This Petition/Plan and the Confirmation Order constitute the entire agreement among the parties regarding treatment of claims and supersede prior proposals or understandings.
6. Electronic Signatures & Counterparts
   – Signatures may be provided in counterparts and by electronic means consistent with Fed. R. Bankr. P. 5005 and local CM/ECF administrative procedures.

X. EXECUTION BLOCK

I declare under penalty of perjury that the foregoing is true and correct.

Dated: [DATE]

DEBTOR:

[Name], Debtor

JOINT DEBTOR (if any):

[Name], Joint Debtor

ATTORNEY FOR DEBTOR:

[Attorney Name] (Bar No. _)
[Firm Name]
[Address]
Phone: [_] Email: [____]

Certification of Attorney: I hereby certify that I have informed the Debtor about eligibility, the effect of discharge, the duty to file complete and accurate schedules, and have no knowledge after inquiry that the information herein is incorrect.

NOTARY / UNSWORN DECLARATION

[Include Ohio-compliant acknowledgment if wet-ink notarization is required for any particular document. Most filings utilize the unsworn declaration below.]

28 U.S.C. § 1746 Declaration:
“I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on the date set forth above.”

[// GUIDANCE: Attach or upload the district-specific “Model Chapter 13 Plan” form as required by Local Bankruptcy Rule 3015-1, renumbered to correlate with Section III.C for ease of reference. Ensure that any non-standard provisions are clearly identified in bold or italics, as the court may strike provisions not in compliance with local formatting mandates.]

END OF DOCUMENT