UNITED STATES BANKRUPTCY COURT
DISTRICT OF SOUTH CAROLINA
In re:
[DEBTOR 1 LEGAL NAME]
[DEBTOR 2 LEGAL NAME, if joint case]
Debtor(s).
Case No.: ____ (To be assigned)
Chapter 13
VOLUNTARY PETITION FOR INDIVIDUALS FILING FOR BANKRUPTCY UNDER CHAPTER 13
(“Chapter 13 Petition”)
[// GUIDANCE: This template is drafted to accompany—and not replace—the Official Bankruptcy Forms (Official Form 101, Schedules A–J, Statement of Financial Affairs, Official Form 113 Chapter 13 Plan, etc.). It consolidates customary declarations, certifications, and court-required content into a single, attorney-work-product document designed for South Carolina practice. Attach the completed Official Forms behind this Petition when filed.]
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TABLE OF CONTENTS
- Document Header & Caption
- Recitals
- Definitions
- Operative Provisions
4.1 Petition & Relief Requested
4.2 Payment of Filing Fee
4.3 Chapter 13 Plan & Related Deadlines - Representations, Warranties & Declarations
- Debtor Covenants
- Events of Default & Consequences
- Risk Allocation
- Dispute Resolution & Jurisdiction
- General Provisions
- Execution Block
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1. DOCUMENT HEADER & CAPTION
(The above caption satisfies Fed. R. Bankr. P. 1005 and Local Rule 1005-2.)
Effective Date: [DATE PETITION SIGNED]
Venue: United States Bankruptcy Court, District of South Carolina (“Court”) pursuant to 28 U.S.C. §§ 1408–1409.
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2. RECITALS
A. Debtor(s) desire(s) to commence a voluntary case under chapter 13 of title 11 of the United States Code (the “Bankruptcy Code”) pursuant to 11 U.S.C. § 301 (2022).
B. Debtor(s) reside(s), has/have domicile, place of business, or property in this District, rendering venue proper.
C. Debtor(s) have obtained pre-petition credit counseling from an approved provider within 180 days of the Petition Date as required by 11 U.S.C. § 109(h).
D. Debtor(s) seek reorganization of personal finances through a chapter 13 repayment plan and request imposition of the automatic stay provided by 11 U.S.C. § 362 (2022).
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3. DEFINITIONS
The following capitalized terms are used throughout this Petition:
“Bankruptcy Code” – Title 11 of the United States Code.
“Case” – The chapter 13 bankruptcy case commenced by filing this Petition.
“Court” – The U.S. Bankruptcy Court for the District of South Carolina.
“Debtor” or “Debtors” – The individual(s) identified in the caption.
“Petition Date” – The date the Clerk of Court dockets this Petition.
“Plan” – The chapter 13 repayment plan filed (or to be filed) on Official Form 113, as may be amended and confirmed.
“Trustee” – The standing chapter 13 trustee assigned to this Case.
“Local Rules” – The Local Rules of the United States Bankruptcy Court for the District of South Carolina, as amended.
“Code Section” – Reference to a section of the Bankruptcy Code.
[// GUIDANCE: Maintain consistency in capitalized terms across all ancillary pleadings (e.g., Plan, Motions to Extend Stay, etc.).]
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4. OPERATIVE PROVISIONS
4.1 Petition & Relief Requested
(a) Debtor(s) hereby file this voluntary Petition for relief under chapter 13 and request entry of an order for relief pursuant to Code § 301.
(b) Debtor(s) elect treatment under chapter 13 to propose a consensual repayment Plan that satisfies Code §§ 1322 and 1325 and request that the Court confirm the Plan.
4.2 Payment of Filing Fee
(a) Total fee: $313 (current as of Effective Date).
(b) Method: ☐ Paid in full at filing ☐ Application to pay in installments (Fed. R. Bankr. P. 1006(b)).
(c) Failure to pay any installment when due constitutes an Event of Default under § 7.1(c) herein.
4.3 Chapter 13 Plan & Related Deadlines
(a) Debtor(s) shall file the initial Plan no later than 14 days after the Petition Date (Code § 1321; Fed. R. Bankr. P. 3015(b)).
(b) First Plan payment is due within 30 days after the Petition Date (Code § 1326(a)(1)).
(c) Debtor(s) shall comply with all Plan confirmation requirements set forth in Local Rules, Standing Orders, and Trustee guidelines, including delivery of pay advices, tax returns, and domestic support obligation information.
(d) Debtor(s) acknowledge the Trustee’s right to recommend dismissal if documents or payments are late.
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5. REPRESENTATIONS, WARRANTIES & DECLARATIONS
Debtor(s) hereby represent, warrant, and declare under penalty of perjury (28 U.S.C. § 1746) that:
5.1 All information provided on Official Forms, Schedules, Statements, and in this Petition is true and correct to the best of Debtor(s)’ knowledge, information, and belief.
5.2 Debtor(s) have listed all assets and liabilities and disclosed all income, expenses, executory contracts, and unexpired leases.
5.3 Debtor(s) are eligible to be a debtor under chapter 13 and are not prohibited by prior dismissals under Code § 109(g).
5.4 Debtor(s) have not, within the past 180 days, intentionally dismissed any bankruptcy case after a creditor requested relief from stay (Code § 362(d)).
5.5 Debtor(s) have satisfied the credit counseling requirement and will file the certificate concurrently with this Petition or within 14 days as permitted.
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6. DEBTOR COVENANTS
6.1 Plan Performance: Debtor(s) shall timely make Plan payments and comply with all non-monetary Plan obligations.
6.2 Documentation: Debtor(s) shall provide the Trustee and any requesting party in interest with copies of tax returns, pay stubs, and other financial data as required.
6.3 Insurance: Debtor(s) shall maintain insurance on all property subject to liens as required by underlying loan documents or applicable law.
6.4 Post-Petition Taxes & Domestic Support: Debtor(s) shall remain current on post-petition tax obligations and domestic support obligations.
6.5 Notice of Change in Circumstances: Debtor(s) shall promptly notify the Trustee and the Court of any material change in financial condition, address, or employment.
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7. EVENTS OF DEFAULT & CONSEQUENCES
7.1 The following constitute an “Event of Default”:
(a) Failure to remit any Plan payment within 30 days of its due date;
(b) Failure to provide required documentation within 14 days of written request by the Trustee;
(c) Non-payment of any filing-fee installment when due;
(d) Failure to attend the § 341 Meeting of Creditors;
(e) Material misrepresentation in any filed document.
7.2 Cure Period: Debtor(s) shall have 14 days after written notice from the Trustee or a party in interest to cure any monetary Event of Default, unless otherwise ordered.
7.3 Remedies: Upon un-cured default, the Trustee or any party in interest may seek dismissal or conversion of the Case, denial of Plan confirmation, or other relief deemed appropriate by the Court.
7.4 Attorney Fees: The Court may award reasonable attorney fees and costs to a prevailing party in connection with enforcement of these obligations, as provided in the confirmed Plan or by separate order.
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8. RISK ALLOCATION
8.1 Indemnification: Not applicable. Chapter 13 debtors do not indemnify any party in connection with filing the Petition.
8.2 Limitation of Liability: Debtor(s)’ liability to creditors is limited to amounts provided for under the confirmed Plan and any non-dischargeable debts.
8.3 Automatic Stay: All creditors are subject to the injunction provided by Code § 362 upon the Petition Date. Relief from stay is exclusively within the Court’s jurisdiction.
8.4 Force Majeure: If Debtor(s) experience involuntary loss of income (e.g., illness, lay-off), Debtor(s) may move to modify the Plan under Code § 1329.
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9. DISPUTE RESOLUTION & JURISDICTION
9.1 Governing Law: Bankruptcy Code, Federal Rules of Bankruptcy Procedure, and, where applicable, the Local Rules.
9.2 Exclusive Forum: All proceedings arising under or related to this Case shall be filed and adjudicated in the Court.
9.3 Arbitration: Not available; the Court retains exclusive jurisdiction.
9.4 Jury Trial: To the fullest extent permitted, Debtor(s) knowingly and voluntarily waive any right to a jury trial in the Court on core matters. Non-core matters will be heard by the Court subject to 28 U.S.C. § 157.
9.5 Injunctive Relief: The automatic stay constitutes statutory injunctive relief. Additional injunctions may be sought by motion and order.
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10. GENERAL PROVISIONS
10.1 Amendments: Debtor(s) may amend the Petition, Schedules, or Plan as a matter of course prior to confirmation; post-confirmation amendments require Court approval.
10.2 Assignment: Rights or obligations under the Plan may not be assigned.
10.3 Successors: The obligations herein bind Debtor(s)’ bankruptcy estate and any appointed successor trustee.
10.4 Severability: If any provision of this Petition is determined unenforceable, the remainder shall continue in full force.
10.5 Integration: This Petition, together with the Official Forms and Plan, constitutes the entire filing required to commence the Case, except as otherwise provided by statute or rule.
10.6 Electronic Signatures: Permitted under Local Rule and the Court’s CM/ECF procedures.
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11. EXECUTION BLOCK
I/We request relief in accordance with chapter 13 of the Bankruptcy Code and declare under penalty of perjury that the information provided in this Petition is true and correct.
DATED: __
Signature of Debtor 1: ____
Name (printed): [DEBTOR 1]
Last four digits of Social Security No.: _
Signature of Debtor 2 (if joint): _____
Name (printed): [DEBTOR 2]
Last four digits of Social Security No.: ____
Signature of Attorney for Debtor(s): ____
Name (printed): [ATTORNEY NAME], Esq.
SC Bar No.: _
Law Firm: [LAW FIRM NAME]
Address: [STREET, CITY, STATE, ZIP]
Telephone: () -_
Email: [EMAIL ADDRESS]
Certificate of Attorney: By signing, I certify that I have informed the Debtor(s) about the eligibility requirements for chapter 13 and verified that the Petition, Schedules, and Plan are complete and accurate to the best of my knowledge.
Notary (if required by Local Rule):
State of South Carolina, County of _
Subscribed and sworn before me on _, 20
Notary Public Signature: ____
My commission expires: _______
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[// GUIDANCE:
1. Attach the following completed Official Forms behind this Petition in the sequence required by the Clerk’s “Initial Filing Checklist – Chapter 13”:
• Official Form 101 – Voluntary Petition
• Schedule A/B through J
• Summary of Assets & Liabilities (Form 106Sum)
• Declaration About Individual Debtor’s Schedules (Form 106Dec)
• Statement of Financial Affairs (Form 107)
• Chapter 13 Plan (Official Form 113, SC-modified)
• Certificate of Credit Counseling
• Pay Advices Cover Sheet and Redacted Pay Stubs
• Verification of Creditor Matrix
• Disclosure of Attorney Compensation (Form 2030)
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Local Practice Pointers (District of SC):
• Serve the proposed Plan on all creditors; the Clerk will issue a notice of plan confirmation hearing.
• Provide the Trustee with tax returns at least 7 days before the § 341 meeting.
• Electronic filers must upload creditor matrix in .txt format.
• Consult the Trustee’s website for current “Domestic Support Obligation Checklist” and “Vehicle Valuation Guidelines.” -
Common Traps:
• Incomplete household income data ⇒ Trustee objection.
• Understating household size ⇒ Median-income miscalculation.
• Forgetting co-debtor stay issues under Code § 1301.
]
END OF TEMPLATE