COMPREHENSIVE CHAPTER 13 BANKRUPTCY PETITION & PLAN TEMPLATE
UNITED STATES BANKRUPTCY COURT – DISTRICT OF OREGON
[// GUIDANCE: This master template is designed to be used in conjunction with the current Official Bankruptcy Forms (101, 106-series, 107, 113, etc.) and the District of Oregon Local Form Chapter 13 Plan (“ORLF 1300.05”). It supplies the substantive clauses, representations, covenants, and risk-allocation language that are not captured in the mandatory forms but that experienced practitioners typically embed in supplementary filings, declarations, or addenda to ensure (i) full federal compliance, (ii) local-rule conformity, and (iii) enforceability of the Debtor’s undertakings.]
TABLE OF CONTENTS
I. Document Header ........................................................ 1
II. Definitions .................................................................... 2
III. Operative Provisions .................................................. 4
IV. Representations & Warranties ................................. 8
V. Covenants & Restrictions .......................................... 9
VI. Default & Remedies ................................................... 11
VII. Risk Allocation ............................................................. 13
VIII. Dispute Resolution .................................................... 14
IX. General Provisions ...................................................... 15
X. Execution Block ........................................................... 17
Page numbers are for convenience only and should be updated during final formatting.
I. DOCUMENT HEADER
1.1 Title. Voluntary Petition for Individuals Filing for Chapter 13 Bankruptcy (adapted from Official Form 101) together with all required Schedules, Statements, the District of Oregon Local Form Chapter 13 Plan, and the supplemental provisions set forth herein (collectively, the “Petition”).
1.2 Parties.
a. Debtor: [DEBTOR LEGAL NAME] (“Debtor”)
b. Joint Debtor (if any): [CO-DEBTOR NAME] (“Joint Debtor”)
c. Attorney for Debtor: [LAW FIRM NAME & BAR NO.] (“Counsel”)
d. Standing Chapter 13 Trustee: [TRUSTEE NAME] (“Trustee”)
1.3 Petition Date. [PETITION DATE] (the “Petition Date”).
1.4 Jurisdiction & Venue. This case is commenced pursuant to 11 U.S.C. § 301 in the United States Bankruptcy Court for the District of Oregon (the “Bankruptcy Court”), the proper venue under 28 U.S.C. §§ 1408–1409.
1.5 Governing Law. Title 11, United States Code (the “Bankruptcy Code”), the Federal Rules of Bankruptcy Procedure (“FRBP”), and the Local Bankruptcy Rules for the District of Oregon (“LBR”).
II. DEFINITIONS
For purposes of this Petition and the Chapter 13 Plan annexed hereto, the following capitalized terms have the meanings set forth below. Defined terms apply equally to singular and plural forms. Cross-references (e.g., “§ 3.2”) are to sections of this template unless otherwise noted.
“Automatic Stay” means the injunction that arises under 11 U.S.C. § 362 upon the Petition Date.
“Bankruptcy Court” has the meaning given in § 1.4.
“Bankruptcy Code” has the meaning given in § 1.5.
“Case” means the above-captioned Chapter 13 case, Case No. [CASE NO.], once assigned by the Clerk. [// GUIDANCE: Obtain the case number from the Notice of Bankruptcy Case.]
“Disposable Income” has the meaning set forth in 11 U.S.C. § 1325(b)(2).
“District” means the District of Oregon.
“Petition” has the meaning given in § 1.1.
“Petition Date” has the meaning given in § 1.3.
“Plan” means the Chapter 13 repayment plan submitted contemporaneously herewith and any modifications thereof pursuant to 11 U.S.C. § 1323 or § 1329.
“Plan Payment” means each periodic payment to be made by Debtor to the Trustee under § 3.5.
“Trustee” has the meaning given in § 1.2(d).
Additional definitions may be inserted as necessary to align with specialized collateral, tax, or domestic-support issues.
III. OPERATIVE PROVISIONS
3.1 Commencement of Case.
a. Debtor hereby commences a voluntary case under Chapter 13 of the Bankruptcy Code by filing this Petition pursuant to 11 U.S.C. § 301.
b. The filing of the Petition constitutes an order for relief, and the Automatic Stay takes effect immediately under § 362.
3.2 Filing of Official Forms & Schedules.
a. Debtor shall file, concurrently with or within 14 days after the Petition Date, all Schedules, the Statement of Financial Affairs (Official Form 107), the Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period (Official Form 122C-1), and all other documents required by FRBP 1007 and LBR 1007-1.
b. Extensions of time are governed by FRBP 1007(c) and require a motion demonstrating cause.
3.3 Credit Counseling & Certification.
Debtor certifies completion of an approved pre-petition credit-counseling course as required by 11 U.S.C. § 109(h) and attaches the certificate hereto as Exhibit A.
3.4 Filing Fee.
a. Total filing fee is $[CURRENT FEE] as prescribed by 28 U.S.C. § 1930.
b. [PLACEHOLDER: “Paid in Full” | “To Be Paid in Installments per FRBP 1006(b)” | “Application for Waiver Filed contemporaneously.”]
3.5 Chapter 13 Plan & Payments.
a. Debtor shall file the Plan (LBR 1300-1 compliant) either (i) with the Petition or (ii) within 14 days thereafter as permitted by FRBP 3015(b).
b. Commencing no later than 30 days after the Petition Date, Debtor shall remit Plan Payments of $[AMOUNT] per [WEEK/MONTH] to the Trustee using the TFS electronic payment platform or such other method approved by the Trustee.
c. Plan Payments constitute the sole cap on Debtor’s liability to creditors during the life of the Plan unless the Plan is modified or the case is converted/dismissed (§ 7.3).
3.6 Trustee Procedures & Documentation.
Debtor shall:
i. Provide to the Trustee at least 7 days prior to the § 341 meeting copies of the two most recent years’ tax returns, pay advices for the 60 days pre-petition, and all documents requested in the Trustee’s initial letter.
ii. Maintain current address and contact information with the Trustee.
3.7 Tax Returns & Refunds.
a. All post-petition tax returns shall be filed when due.
b. Unless the Plan provides otherwise, federal and state tax refunds exceeding $[REFUND CAP] annually shall be turned over to the Trustee as supplemental Plan funding.
3.8 Domestic Support Obligations (“DSO”).
If Debtor is subject to any DSO, Debtor shall remain current post-petition and provide to the Trustee, within 30 days pre-confirmation, written proof of post-petition DSO payments.
3.9 Insurance & Collateral Protection.
Debtor shall maintain insurance on any property subject to a perfected security interest naming the secured party as loss payee and shall furnish proof to such secured party on request.
3.10 Automatic Stay Compliance.
Creditors receiving notice of the Case shall immediately cease all collection activity in accordance with § 362. Violations may subject the offending party to sanctions.
3.11 Plan Confirmation Requirements (11 U.S.C. § 1325 & OR LBR 1300-5).
a. The Plan shall commit all projected Disposable Income for the applicable commitment period.
b. Plan value to unsecured creditors shall equal or exceed the amount required under the “best interest of creditors” test (§ 1325(a)(4)).
c. Debtor shall have filed all tax returns due for the four-year period preceding the Petition Date (§ 1308).
d. Debtor shall be current on any post-petition Domestic Support Obligations (§ 1325(a)(8)).
[// GUIDANCE: Attach a confirmation checklist — many Oregon practitioners use the Trustee’s “Plan Confirmation Questionnaire” to streamline the hearing.]
IV. REPRESENTATIONS & WARRANTIES
4.1 Accuracy of Information.
Debtor represents that all information provided in the Petition, Schedules, Statement of Financial Affairs, and Plan is true, complete, and correct to the best of Debtor’s knowledge, information, and belief, and that Debtor has reviewed each document with Counsel prior to filing.
4.2 Good-Faith Filing.
Debtor warrants that this Petition is filed in good faith and not for the purpose of hindering, delaying, or defrauding creditors within the meaning of 11 U.S.C. § 1325(a)(3).
4.3 Eligibility for Chapter 13.
Debtor’s non-contingent, liquidated unsecured debts are less than $2,750,000, and secured debts are within statutory limits under 11 U.S.C. § 109(e).
Adjust figure to the current statutory amount in effect on the Petition Date.
4.4 Venue & Jurisdiction.
Debtor has resided or maintained a principal place of business or principal assets in this District for the longer of 180 days immediately preceding the Petition Date or the greater portion thereof.
4.5 Survival.
The representations and warranties in this Article IV shall survive confirmation of the Plan and any conversion or dismissal of the Case.
V. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants.
a. Timely Payments. Debtor shall timely make all Plan Payments and post-petition secured-debt payments as provided in the Plan.
b. Cooperation. Debtor shall cooperate with the Trustee and the U.S. Trustee in the administration of the Case, including producing documents and appearing at examinations.
c. Financial Management Course. Debtor shall complete an approved post-petition financial-management course (11 U.S.C. § 1328(g)) and file the certificate no later than the date of the last Plan Payment.
5.2 Negative Covenants.
a. Additional Debt. Debtor shall not incur post-petition credit in excess of $1,000 without Trustee consent or Court order (LBR 1300-4).
b. Asset Sales. Debtor shall not sell, transfer, or encumber property of the estate outside the ordinary course except upon Court approval under 11 U.S.C. § 363.
c. Plan Modification. Debtor shall not unilaterally modify the Plan except as permitted by § 1323 or § 1329 and local procedures.
5.3 Notice & Cure.
Debtor shall provide written notice to the Trustee within 14 days of any material change in income, employment, address, or household size and, where applicable, propose an amended Plan within 30 days.
VI. DEFAULT & REMEDIES
6.1 Events of Default. Any of the following constitutes a default (“Default”):
a. Failure to remit two (2) consecutive Plan Payments.
b. Material misrepresentation in the Petition, Schedules, or Plan.
c. Failure to comply with §§ 5.1 or 5.2.
d. Failure to provide tax returns, pay stubs, or other documents within the time required by § 3.6.
6.2 Notice of Default & Cure Period.
Upon Default, the Trustee or an affected creditor shall give written notice to Counsel and Debtor. Debtor shall have 21 days to cure monetary defaults and 14 days to cure non-monetary defaults unless the Court orders otherwise.
6.3 Remedies.
If a Default is not timely cured, the Trustee or creditor may move to:
a. Dismiss the Case (§ 1307(c)).
b. Convert the Case to Chapter 7 (§ 1307(c)).
c. Obtain relief from the Automatic Stay (§ 362(d)).
d. Seek sanctions, attorney’s fees, and costs pursuant to applicable law or Court order.
6.4 Attorney’s Fees & Costs.
Subject to Court approval, the prevailing party on a contested matter arising from an uncured Default is entitled to reasonable attorney’s fees and costs, payable as an administrative expense under 11 U.S.C. § 503(b).
VII. RISK ALLOCATION
7.1 Indemnification.
Indemnification is not applicable to the Petition or Plan. Nothing herein shall be construed to create an indemnity running in favor of any party.
7.2 Limitation of Liability.
Debtor’s liability to creditors is limited to distributions provided under the confirmed Plan and any non-exempt assets administered by the Trustee, absent a finding of fraud or nondischargeability under 11 U.S.C. §§ 523 & 1328.
7.3 Force Majeure.
If Debtor’s income is materially and involuntarily reduced by reason of disaster, pandemic, or other force-majeure events, Debtor may seek temporary suspension of Plan Payments or Plan modification pursuant to § 1329 and LBR 1300-5(b).
VIII. DISPUTE RESOLUTION
8.1 Governing Law.
This Petition and all disputes arising hereunder are governed by the Bankruptcy Code, the FRBP, and the LBR, without regard to state conflict-of-laws principles.
8.2 Forum Selection.
Exclusive jurisdiction lies with the United States Bankruptcy Court for the District of Oregon, [DIVISION: “Portland” | “Eugene”], subject to appellate review by the U.S. District Court and the Ninth Circuit BAP or Court of Appeals.
8.3 Arbitration.
Arbitration is not available for bankruptcy proceedings absent specific Court order.
8.4 Jury Waiver.
To the extent a matter is adjudicated in the Bankruptcy Court, jury trials are available only upon compliance with FRBP 9015 and 28 U.S.C. § 157(e). Debtor hereby knowingly waives any right to a jury trial on core proceedings.
8.5 Injunctive Relief.
The Automatic Stay (§ 362) and the discharge injunction (§ 524) constitute injunctive relief preserving the estate and post-discharge integrity of the Plan.
IX. GENERAL PROVISIONS
9.1 Amendments & Waivers.
a. This Petition and the Plan may be amended in accordance with FRBP 1009 and §§ 1323–1329.
b. Waiver of any provision requires written consent of the Trustee or affected party and, where required, Court approval.
9.2 Assignment.
The rights and obligations of Debtor under this Petition are non-assignable.
9.3 Successors & Assigns.
The provisions of a confirmed Plan bind Debtor, each creditor, and any successor, whether the case is converted, dismissed, or closed.
9.4 Severability.
If any provision herein is determined unenforceable by the Bankruptcy Court, the remaining provisions shall remain in full force to the maximum extent permitted.
9.5 Integration.
This Petition, together with the Official Forms, Plan, and any Court-approved amendments, constitutes the entire agreement among the parties concerning the subject matter hereof.
9.6 Electronic Signatures.
Signatures may be provided by /s/ conformed signature in compliance with LBR 5005-4 and FRBP 5005(a)(2), and such signatures are deemed originals for all purposes.
9.7 Counterparts.
This Petition may be executed in multiple counterparts, each of which is an original and all of which constitute one and the same instrument.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, Debtor has executed this Petition under penalty of perjury on the date set forth below.
Debtor
[DEBTOR NAME]
Date: ________
Joint Debtor (if any)
[JOINT DEBTOR NAME]
Date: ________
Attorney for Debtor
[ATTORNEY NAME], OSB No. [BAR NO.]
[LAW FIRM NAME]
Address: [ADDRESS]
Phone: [PHONE] Email: [EMAIL]
Date: ________
VERIFICATION & DECLARATION
I/We declare under penalty of perjury that the foregoing is true and correct. Executed on the dates indicated above.
[// GUIDANCE: Add a notary block only if local procedural practice or client preference requires. The District of Oregon accepts the unsworn declaration above in lieu of notarization for electronically-filed petitions.]