UNITED STATES BANKRUPTCY COURT
DISTRICT OF RHODE ISLAND
IN RE: [DEBTOR FULL LEGAL NAME(S)] │
Debtor(s) │ Case No.: [To Be Assigned]
VOLUNTARY PETITION
FOR RELIEF UNDER CHAPTER 13 OF THE
UNITED STATES BANKRUPTCY CODE (11 U.S.C. §§ 1301–1330)
[// GUIDANCE: This template is intended to accompany the Official Bankruptcy Forms (B101, B106 series, B107, B121, etc.) and the Local Chapter 13 Plan form required by the U.S. Bankruptcy Court for the District of Rhode Island (“RI Local Plan”). Insert or attach the completed Official Forms and RI Local Plan as exhibits where indicated. This master petition provides a cohesive, court-ready pleading that integrates federal requirements with District of Rhode Island (“DRI”) Local Rules and the Chapter 13 Trustee’s published procedures.]
TABLE OF CONTENTS
I. Document Header & Recitals
II. Definitions
III. Operative Provisions (Jurisdiction, Eligibility, Relief Requested)
IV. Representations & Warranties of Debtor
V. Covenants & Ongoing Obligations
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution & Verification Block
XI. Exhibits & Filing Checklist
I. DOCUMENT HEADER & RECITALS
1.1 Parties.
(a) Debtor: [Debtor Full Legal Name], SSN: xxx-xx-[_], residing at [Address, City, RI ZIP].
(b) Joint Debtor (if any): [Name], SSN: xxx-xx-[_], residing at same/other address.
(c) Chapter 13 Trustee: (to be appointed pursuant to 11 U.S.C. § 1302).
1.2 Effective Date. This Petition is deemed filed when electronically docketed by the Clerk of the U.S. Bankruptcy Court for the District of Rhode Island (“Court”).
1.3 Governing Law & Jurisdiction. Relief is sought under Title 11 of the United States Code (“Bankruptcy Code”). Venue is proper in this district under 28 U.S.C. § 1408, and the Court has jurisdiction under 28 U.S.C. §§ 157 & 1334.
1.4 Recitals.
(a) Debtor desires to adjust debts through a Chapter 13 repayment plan.
(b) Debtor has complied with pre-petition credit-counseling requirements (11 U.S.C. § 109(h)) and attaches the certificate hereto as Exhibit B.
(c) Debtor is eligible for Chapter 13 relief because non-contingent, liquidated unsecured debts are less than the 11 U.S.C. § 109(e) threshold of $2,750,000 (adjusted).
(d) Debtor has not filed a bankruptcy case within the past 180 days that was dismissed for willful failure to appear or comply with orders (11 U.S.C. § 109(g)).
(e) Debtor now files this Petition, schedules, statements, and proposed plan in conformity with the Federal Rules of Bankruptcy Procedure (“FRBP”) and the DRI Local Rules, including LBR 3015-1 (Plan Confirmation Requirements).
II. DEFINITIONS
For purposes of this Petition and all related filings, the following terms have the meanings indicated. Undefined capitalized terms shall have the meanings ascribed in the Bankruptcy Code or FRBP.
“Automatic Stay” means the injunction imposed by 11 U.S.C. § 362 upon filing the Petition.
“Bankruptcy Court” or “Court” means the U.S. Bankruptcy Court for the District of Rhode Island.
“Chapter 13 Plan” or “Plan” means Debtor’s proposed repayment plan filed concurrently herewith as Exhibit A, in the form prescribed by DRI LBR 3015-1.
“Claim” has the meaning set forth in 11 U.S.C. § 101(5).
“Creditor” means any entity holding a Claim against Debtor as of the Petition Date.
“Petition Date” means the date this Voluntary Petition is filed with the Court.
“Trustee” means the standing Chapter 13 trustee appointed under 11 U.S.C. § 1302 for the District of Rhode Island.
III. OPERATIVE PROVISIONS
3.1 Commencement of Case. Pursuant to 11 U.S.C. § 301(a), Debtor hereby voluntarily commences a case under Chapter 13 and requests the Clerk to docket same.
3.2 Relief Requested.
(a) Entry of an Order for relief;
(b) Approval of Debtor’s Chapter 13 Plan upon confirmation under 11 U.S.C. § 1325;
(c) Grant of all other statutory protections, including the Automatic Stay (11 U.S.C. § 362);
(d) Issuance of a discharge under 11 U.S.C. § 1328 upon completion of Plan payments.
3.3 Eligibility & Compliance. Debtor affirms eligibility under 11 U.S.C. §§ 109(e), 1321-1322 and certifies compliance with all filing requirements set forth in FRBP 1007 and DRI LBR 1007-1.
3.4 Attachments Incorporated by Reference. This Petition incorporates by reference the following, each of which shall be deemed part of the operative filing and fully integrated herein:
(i) Exhibit A – Chapter 13 Plan (RI Local Plan form);
(ii) Exhibit B – Certificate of Credit Counseling;
(iii) Exhibit C – Schedules A/B through J;
(iv) Exhibit D – Statement of Financial Affairs;
(v) Exhibit E – Form 122C-1 & 122C-2 (Current Monthly Income/Disposable Income);
(vi) Exhibit F – Payment Advices (11 U.S.C. § 521(a)(1)(B)(iv));
(vii) Exhibit G – Domestic Support Obligation Notice (if applicable).
[// GUIDANCE: Insert additional exhibits (e.g., wage-garnishment motions, valuation appraisals) as needed.]
IV. REPRESENTATIONS & WARRANTIES
4.1 Accuracy of Disclosures. Debtor represents that all information contained in this Petition, the attached schedules, statements, and plan is true, complete, and accurate to the best of Debtor’s knowledge, information, and belief.
4.2 Good-Faith Filing. Debtor warrants that this case is commenced in good faith and not for any improper purpose (FRBP 9011(b)).
4.3 Prior Bankruptcies. Debtor discloses prior bankruptcy filings within eight years in Schedule E/F and SOFA Part 2, if any.
4.4 Domestic Support Obligations. Debtor has listed all domestic support obligations (“DSO”) and certifies the ability to remain current on post-petition DSO payments.
4.5 Taxes. Debtor has filed all federal and state tax returns required for the four-year period preceding the Petition Date or will provide them to the Trustee within 14 days (11 U.S.C. § 1308).
4.6 Survival. All representations and warranties survive dismissal, conversion, or closing of the case to the extent necessary for administration of the estate.
V. COVENANTS & ONGOING OBLIGATIONS
5.1 Plan Payments. Debtor covenants to commence payments to the Trustee no later than 30 days after the Petition Date in the amount set forth in the Plan.
5.2 Document Delivery. Debtor shall timely deliver to the Trustee:
(a) Pay stubs or proof of income for the 60 days preceding filing;
(b) Federal and state tax returns at least seven days before the § 341 meeting;
(c) Any additional documents reasonably requested under the Trustee’s published guidelines.
5.3 Post-Petition Duties. Debtor shall:
(i) Maintain adequate insurance on all property of the estate;
(ii) Remain current on post-petition mortgage and DSO payments;
(iii) Provide notice of any address change within 14 days.
5.4 Borrowing or Sale of Property. Debtor shall not incur new credit or sell estate property outside the ordinary course without Court approval (11 U.S.C. § 1303).
VI. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Failure to make any Plan payment within ten (10) days of due date;
(b) Failure to provide required documents under § 521 or Trustee guidelines;
(c) Material misrepresentation in any filed document;
(d) Failure to comply with any Court order.
6.2 Notice & Cure. The Trustee or affected party shall give written notice of default and allow a fourteen-day cure period before seeking dismissal, unless expedited relief is warranted.
6.3 Remedies.
(i) Motion to dismiss or convert the case (11 U.S.C. § 1307);
(ii) Relief from the Automatic Stay for secured creditors (11 U.S.C. § 362(d));
(iii) Such other relief as the Court deems just.
6.4 Attorneys’ Fees & Costs. Reasonable attorneys’ fees incurred in enforcing this Petition or the Plan, if awarded by the Court, shall be paid through the Plan as an administrative expense (11 U.S.C. § 503(b)(2)).
VII. RISK ALLOCATION
7.1 Indemnification. Not applicable; no contractual counterparties are indemnified by Debtor in this Petition.
7.2 Limitation of Liability. Debtor’s liability to unsecured creditors is limited to the distribution provided under the confirmed Plan, subject to modification under 11 U.S.C. § 1329.
7.3 Force Majeure. Should Debtor experience a material, involuntary reduction in income (e.g., job loss, medical emergency), Debtor may move to suspend or modify Plan payments consistent with 11 U.S.C. § 1329 and DRI LBR 3015-2.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. All matters are governed by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the Local Rules of this Court.
8.2 Forum Selection. Exclusive jurisdiction lies with the U.S. Bankruptcy Court for the District of Rhode Island.
8.3 Arbitration. Not available—core proceedings under 28 U.S.C. § 157(b) are non-arbitrable absent specific order of the Court.
8.4 Jury Waiver. Debtor acknowledges that the right to jury trial is limited in bankruptcy proceedings and, to the extent applicable, knowingly waives such right for non-personal-injury core matters.
8.5 Injunctive Relief. The Automatic Stay (11 U.S.C. § 362) operates as a statutory injunction; parties may seek additional injunctive relief only upon motion and order of the Court.
IX. GENERAL PROVISIONS
9.1 Amendments & Supplements. Debtor may amend schedules, statements, or the Plan as of right before confirmation and thereafter upon motion in accordance with FRBP 1009 & 3015.
9.2 Assignment. Debtor may not assign the duties or benefits arising under this Petition.
9.3 Successors. The provisions hereof bind Debtor’s estate, personal representatives, and permitted assigns.
9.4 Severability. If any provision is adjudged unenforceable, the remaining provisions shall remain in full force.
9.5 Entire Agreement. This Petition, the attached exhibits, and any Court-approved amendments constitute the entire understanding between Debtor, the estate, and all parties-in-interest regarding commencement of this Chapter 13 case.
9.6 Electronic Signatures. Pursuant to DRI LBR 5005-4, electronic signatures executed in accordance with the Court’s CM/ECF procedures are deemed originals for all purposes.
X. EXECUTION & VERIFICATION BLOCK
I/We, the undersigned Debtor(s), declare under penalty of perjury that the foregoing is true and correct.
Date: [______]
| Debtor Signature | Joint Debtor Signature (if any) |
|---|---|
| _______ | _______ |
| [Typed Name] | [Typed Name] |
Address: [Street, City, RI ZIP]
Telephone: [( ) ]
Counsel for Debtor(s):
[Attorney Name], Esq. (#RI Bar ____)
[Law Firm]
[Address]
Phone: [ ] Email: [ ]
Certificate of Attorney: I hereby certify that I have examined the foregoing Petition and the related documents and that they are complete and correct to the best of my knowledge, information, and belief. I further certify that I have informed Debtor(s) of their duties under 11 U.S.C. § 521 and the consequences of failing to perform same.
[Attorney Signature] Date
[// GUIDANCE: Notarization is NOT required for the bankruptcy petition itself, but RI practice may require a wet-ink verification for local filings made non-electronically. Adjust accordingly.]
XI. EXHIBITS & FILING CHECKLIST
| Exhibit | Description | Attached |
|---|---|---|
| A | Rhode Island Local Form Chapter 13 Plan | ☐ |
| B | Certificate of Credit Counseling | ☐ |
| C | Schedules A/B – J (Official Form 106 series) | ☐ |
| D | Statement of Financial Affairs (Official Form 107) | ☐ |
| E | Form 122C-1 & 122C-2 (Disposable Income Test) | ☐ |
| F | Copies of Pay Stubs / Income Evidence | ☐ |
| G | DSO Notice to Child Support Creditor (Form 118) | ☐ |
| H | Tax Returns (last 4 years) [Trustee copy only] | ☐ |
Filing Steps (RI Specific):
1. E-file Petition package using CM/ECF event “Chapter 13 Voluntary Petition”.
2. Pay filing fee or file Application to Pay in Installments (Official Form 103A).
3. Serve Notice of Commencement and § 341 Meeting details on all creditors within 7 days (FRBP 2002).
4. Provide Trustee with § 341 packet at least 7 days before the meeting, per Trustee’s published checklist.
5. Attend § 341 Meeting (currently telephonic/video per Trustee guidance).
6. Address any plan objections within the objection period set forth in the Notice of Plan.
[// GUIDANCE: Always consult the current “Chapter 13 Debtor Welcome Package” issued by the DRI standing trustee for precise document-delivery and payment instructions.]
© [Year] — Template prepared for professional use. Customize to client-specific facts and verify all dollar thresholds and citation updates prior to filing.