UNITED STATES BANKRUPTCY COURT

FOR THE [NORTHERN | EASTERN | WESTERN] DISTRICT OF OKLAHOMA

In re:
[DEBTOR FULL LEGAL NAME]
[Joint Debtor Full Legal Name] (if any),
Debtor(s).

Chapter 13
Case No.: ______ (to be assigned by Clerk)

VOLUNTARY PETITION FOR RELIEF UNDER CHAPTER 13 OF TITLE 11, UNITED STATES CODE

(Includes Integrated Chapter 13 Plan & Related Certifications)

Effective Filing Date: ___ / ___ / 20___

Jurisdiction: 28 U.S.C. §§ 157, 1334; 11 U.S.C. § 301
Venue: 28 U.S.C. § 1408
Governing Law: Federal Bankruptcy Code; Local Rules – U.S. Bankruptcy Court, [District] of Oklahoma

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Petition & Plan)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

[// GUIDANCE: The numbering below tracks the required architecture. If local practice demands separate filings (e.g., Official Forms 101, 106, 122C-1/2, Local Form 13-Plan), detach the relevant sections and file individually.]

I. DOCUMENT HEADER

A. Parties.
1. “Debtor” – [Debtor Full Legal Name], SSN: xxx-xx-[_].
2. “Joint Debtor” – [if applicable].
3. “Counsel” – [Law Firm Name], OBA No. ___.
4. “Trustee” – The duly appointed Standing Chapter 13 trustee for the [District] of Oklahoma (currently [TRUSTEE NAME]).

B. Recitals.
WHEREAS, Debtor desires to obtain relief under Chapter 13 of Title 11, U.S. Code (the “Bankruptcy Code”); and
WHEREAS, Debtor submits this Petition, Schedules, Statements, and Proposed Chapter 13 Plan (collectively, the “Petition”) in compliance with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure (“FRBP”), and the Local Rules of the United States Bankruptcy Court for the [District] of Oklahoma (“Local Rules”).

C. Consideration.
The filing of this Petition and the performance of Debtor’s obligations under the Plan constitute good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.

II. DEFINITIONS

For purposes of this Petition, capitalized terms shall have the meanings set forth below. Terms not defined herein have the meanings assigned in 11 U.S.C. § 101.

“Automatic Stay” – The injunction that arises under 11 U.S.C. § 362 upon filing of the Petition.

“Case” – The above-captioned Chapter 13 bankruptcy case.

“Code” – Title 11 of the United States Code.

“Court” – The United States Bankruptcy Court for the [District] of Oklahoma.

“DMI” – Debtor’s Monthly Disposable Income as determined under 11 U.S.C. §§ 1325(b)(2)–(3) and Official Form 122C-2.

“Petition Date” – The date this Petition is filed with the Clerk of Court.

“Plan” – Debtor’s proposed Chapter 13 plan set forth in § III.D below, as amended or modified from time to time.

“Secured Creditor” / “Unsecured Creditor” – As defined in 11 U.S.C. § 506.

“Trustee Procedures” – The Standing Chapter 13 trustee’s published policies for plan payments, wage-deduction orders, disbursements, and pre-confirmation requirements, as in effect on the Petition Date.

[// GUIDANCE: Add additional defined terms as complexity requires, keeping them in alphabetical order.]

III. OPERATIVE PROVISIONS

A. Commencement of Case.
1. Voluntary Petition. Debtor hereby voluntarily commences this Case under Chapter 13 pursuant to 11 U.S.C. § 301.
2. Joint Filing. If a Joint Debtor is listed, the filing constitutes a joint petition under 11 U.S.C. § 302.

B. Required Exhibits & Certifications.
1. Certificate of Credit Counseling completed on ___ / ___ / 20__ (11 U.S.C. § 109(h)).
2. Payment Advices/Income Records for the 60-day period preceding the Petition Date (11 U.S.C. § 521(a)(1)(B)(iv)).
3. Statement of Social Security Number(s) (FRBP 1007(f)).
4. Statement of Financial Affairs (Official Form 107).
5. Schedules A/B–J (Official Forms 106A/B–106J).
6. Current Monthly Income & Means Test Calculation (Official Forms 122C-1 & 122C-2).

C. Payment of Filing Fee.
Debtor shall pay the filing fee of $___ in full with the Petition OR [ ] request to pay the fee in installments per FRBP 1006.

D. Integrated Chapter 13 Plan Summary.

1. Plan Term: ___ months (☐ 36 months – applicable median, ☐ 60 months – above-median).
2. Plan Payment: $___ per month, commencing not later than 30 days after the Petition Date (11 U.S.C. § 1326(a)(1)).
3. Method: ☐ Wage-deduction order ☐ ACH/bank draft ☐ Cashier’s check/money order.
4. Priority Claims (estimated): $___ (e.g., domestic support, taxes).
5. Secured Claims:
   a. Real Property – [Creditor], Collateral: [address], Value $, Interest ___ %, Plan Treatment: ☐ Cure & Maintain ☐ Mortgage Conduit ☐ Strip/Value.
   b. Personal Property – [Creditor], Collateral: [vehicle], Value $, Interest ___ %, adequate protection payments $___/mo.
6. Unsecured Non-Priority Pool: ___ % dividend or $___ pot payment, whichever is greater, subject to 11 U.S.C. § 1325(b).
7. Vesting of Property of the Estate: ☐ Upon confirmation ☐ Upon discharge.
8. Special Provisions: [e.g., surrender of collateral, non-standard provisions permitted by Local Rule 3015-1].

[// GUIDANCE: Local Rule 3015-1 for each Oklahoma district mandates use of the district’s Model Plan form. Insert the above data in the appropriate sections of that form and attach as “Plan Exhibit A.”]

E. Conditions Precedent.
Confirmation of the Plan is conditioned upon:
1. Timely filing of all tax returns per 11 U.S.C. § 1308;
2. Attendance at § 341 Meeting of Creditors;
3. Compliance with Trustee Procedures concerning documentation (pay stubs, tax transcripts, bank statements);
4. Payment of the initial plan payment prior to or at the § 341 Meeting.

IV. REPRESENTATIONS & WARRANTIES

A. Accuracy of Information. Debtor represents, warrants, and certifies under penalty of perjury that all information provided in this Petition, the Schedules, Statements, and Plan is true, correct, and complete to the best of Debtor’s knowledge, information, and belief (28 U.S.C. § 1746).

B. Eligibility. Debtor further represents that:
1. Unsecured debts are less than the Chapter 13 limit set forth in 11 U.S.C. § 109(e);
2. Secured debts are less than the Chapter 13 limit set forth in § 109(e);
3. Debtor has not, within the 180 days preceding the Petition Date, had a bankruptcy case dismissed for willful failure to appear or comply with court orders (11 U.S.C. § 109(g)).

C. Credit Counseling. Debtor completed an approved credit-counseling course within 180 days preceding the Petition Date and possesses a valid certificate (11 U.S.C. § 109(h)).

D. Good Faith. This Petition and Plan are filed in good faith pursuant to 11 U.S.C. § 1325(a)(3), (7).

E. Survival. The representations and warranties herein survive confirmation of the Plan and remain effective until discharge or dismissal of the Case.

V. COVENANTS & RESTRICTIONS

A. Plan Payments. Debtor shall pay the Trustee the Plan Payment set forth in § III.D.2 by the method elected therein, timely and in full.

B. Post-Petition Obligations. Debtor shall remain current on all post-petition domestic support obligations and direct pay mortgage payments unless otherwise provided in the Plan.

C. Insurance & Taxes. Debtor shall maintain insurance on all estate and collateral property as required by applicable agreements and shall pay all post-petition taxes as they come due.

D. Notice & Reporting. Debtor shall:
1. Provide notice to the Trustee and affected creditors of any change in address, employment, or income within 14 days (FRBP 4002(b)(5));
2. Submit annual tax returns to the Trustee within 14 days of filing (11 U.S.C. § 521(f)).

E. Prohibition on Additional Debt. Debtor shall not incur consumer debt exceeding $500 without Trustee consent unless for emergency medical or household needs.

VI. DEFAULT & REMEDIES

A. Events of Default.
1. Failure to tender any Plan Payment within 30 days of its due date;
2. Failure to comply with § V covenants;
3. Failure to cooperate with Trustee or Court;
4. Material misrepresentation in any filed document.

B. Notice & Cure. Upon default, the Trustee or affected creditor shall serve written notice specifying the default. Debtor shall have 21 days to cure unless the Local Rules require a different period.

C. Remedies. If default is uncured:
1. Trustee or creditor may file a motion to dismiss or convert the Case pursuant to 11 U.S.C. § 1307(c);
2. Secured creditors may seek relief from the Automatic Stay under 11 U.S.C. § 362(d);
3. The Court may order other relief deemed just and proper, including wage-deduction enforcement.

D. Attorneys’ Fees & Costs. Reasonable attorneys’ fees and costs incurred in enforcing the Plan, as approved by the Court, shall be paid as an administrative expense under 11 U.S.C. § 503(b)(2) and § 507(a)(2).

VII. RISK ALLOCATION

A. Indemnification. Not applicable; Chapter 13 debtors do not provide indemnification to creditors or the Trustee.

B. Limitation of Liability. Plan payments and estate property constitute the sole source of payment to creditors; liability is capped at amounts distributed under the confirmed Plan.

C. Force Majeure / Impossibility. Debtor may seek plan modification under 11 U.S.C. § 1329 upon a substantial, unanticipated change in circumstances (e.g., job loss, medical emergency).

VIII. DISPUTE RESOLUTION

A. Governing Law. This Petition, the Plan, and all disputes arising hereunder are governed by the Bankruptcy Code, FRBP, and applicable federal non-bankruptcy law.

B. Exclusive Forum. The Court retains exclusive jurisdiction over all matters arising in or related to this Case (28 U.S.C. § 1334).

C. Arbitration. Not available – 28 U.S.C. § 1334(e) vests exclusive jurisdiction in the Bankruptcy Court.

D. Jury Waiver. To the extent a jury trial right exists, Debtor knowingly and voluntarily waives such right, subject to the limited availability of jury trials in bankruptcy proceedings (see FRBP 9015).

E. Injunctive Relief. The Automatic Stay under 11 U.S.C. § 362 and, upon confirmation, the Plan’s injunction under 11 U.S.C. §§ 524 & 1141 apply.

IX. GENERAL PROVISIONS

A. Amendments & Modifications. Debtor may amend the Petition, Schedules, or Plan as a matter of right before confirmation (FRBP 1009(a)) and thereafter only as permitted under 11 U.S.C. § 1329 and Local Rule 3015-2.

B. Assignment. Debtor may not assign rights or delegate obligations under the Plan without Court approval.

C. Successors & Assigns. The provisions of the confirmed Plan bind the Debtor, creditors, and any successor or assignee of the Debtor (11 U.S.C. § 1327).

D. Severability. If any provision herein is determined unenforceable, the remaining provisions shall remain in full force to the extent consistent with the Bankruptcy Code.

E. Integration. This document, together with the attached Schedules, Statements, and Plan, constitutes the entire agreement among the parties regarding the subject matter hereof, superseding all prior discussions.

F. Counterparts & Electronic Signatures. This Petition may be executed in counterparts, including facsimile or electronic signatures compliant with the Court’s CM/ECF Administrative Procedures, each of which shall be deemed an original.

X. EXECUTION BLOCK

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

Date: ___ / ___ / 20___

Debtor:

[Debtor Name], Debtor

Joint Debtor:

[Joint Debtor Name] (if any)

Counsel for Debtor(s):

[Attorney Name], OBA No. ______
[Law Firm Name]
[Address]
[Telephone] | [Email]

Verification by Attorney:
Pursuant to FED. R. BANKR. P. 9011(b), the undersigned certifies that he/she has no knowledge after reasonable inquiry that the information in this Petition is incorrect.

Notary Acknowledgment: (if required by Local Rule for non-electronic signatures)
State of Oklahoma, County of _ )
Subscribed and sworn before me on ___ / ___ / 20 by ________.

Notary Public
My Commission Expires: ____

[// GUIDANCE:
1. Attach all Official Forms (101, 106 series, 107, 122C-1/2) and the district-specific Model Chapter 13 Plan as exhibits.
2. Verify current debt limits under 11 U.S.C. § 109(e) (adjusted every 3 years).
3. Confirm trustee names, addresses, and lockbox payment information on the Court’s website.
4. Review each Oklahoma district’s Local Rules for mandatory language (e.g., Western District’s “conduit mortgage” provisions).
5. Tailor wage-deduction orders to the debtor’s employer per Trustee Procedures.
6. Ensure compliance with privacy redaction requirements under FRBP 9037 (SSN, account numbers, minors’ names).
]