UNITED STATES BANKRUPTCY COURT

DISTRICT OF SOUTH DAKOTA

In re:
[DEBTOR FULL LEGAL NAME]
SSN/ITIN (last four): ‭[XXXX]
[JOINT DEBTOR FULL LEGAL NAME] (if any)
SSN/ITIN (last four): ‭[XXXX]

Debtor(s).
Chapter 13
Case No. [To be assigned]

CHAPTER 13 VOLUNTARY PETITION & PLAN PACKAGE

(Comprehensive Drafting Template)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
    A. Voluntary Petition Checklist
    B. Chapter 13 Plan Core Terms
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title. “Chapter 13 Voluntary Petition & Plan of [DEBTOR NAME].”
2. Recitals.
   a. Debtor is an individual eligible for relief under 11 U.S.C. § 109(e).
   b. Debtor seeks to commence a case under 11 U.S.C. Chapter 13 by filing a voluntary petition pursuant to 11 U.S.C. § 301.
   c. Debtor tenders a Chapter 13 Plan (the “Plan”) for confirmation under 11 U.S.C. §§ 1322 & 1325 and the Local Rules of the United States Bankruptcy Court for the District of South Dakota (the “Local Rules”).
3. Effective Date. The “Petition Date” is the date stamped by the Clerk upon filing.
4. Jurisdiction & Venue. Jurisdiction arises under 28 U.S.C. §§ 1334 & 157; venue is proper in this District under 28 U.S.C. § 1408.

II. DEFINITIONS

(Alphabetical – use consistently throughout the package)

• “Automatic Stay” – the injunction imposed by 11 U.S.C. § 362 upon the Petition Date.
• “Bankruptcy Code” – Title 11 of the United States Code.
• “Bankruptcy Court” – the United States Bankruptcy Court for the District of South Dakota.
• “Case” – the above-captioned Chapter 13 proceeding.
• “Creditor Matrix” – the mailing list required by Fed. R. Bankr. P. 1007(a).
• “Disposable Income” – defined by 11 U.S.C. § 1325(b)(2).
• “Petition” – Official Form 101 and all simultaneously-filed schedules, statements, and exhibits.
• “Plan” – Debtor’s Chapter 13 repayment plan as set forth in Section III.B.
• “Plan Term” – [36/60] consecutive months commencing on the first day of the month following the Petition Date, unless otherwise ordered.
• “Trustee” – the standing Chapter 13 trustee appointed for this District.

[// GUIDANCE: Add, remove, or modify definitions as needed. Ensure each defined term is capitalized and used consistently.]

III. OPERATIVE PROVISIONS

A. Voluntary Petition Checklist

Debtor (and counsel, if any) shall file, contemporaneously with this template or within the time limits permitted by Fed. R. Bankr. P. 1007, the following Official Forms and local supplements:

1. Official Form 101 – Voluntary Petition for Individuals Filing for Bankruptcy.
2. Schedules A/B through J.
3. Summary of Assets and Liabilities.
4. Declaration About an Individual Debtor’s Schedules.
5. Statement of Financial Affairs (Official Form 107).
6. Chapter 13 Statement of Current Monthly Income & Calculation of Commitment Period (Form 122C-1) and, if applicable, Calculation of Disposable Income (Form 122C-2).
7. Creditor Matrix compliant with Local Rules.
8. Certificate of Credit Counseling (or motion for temporary waiver).
9. Pay-stub/Income Evidence Cover Sheet (Local Rule requirement).
10. Filing Fee or Application to Pay the Filing Fee in Installments.

[// GUIDANCE: Practitioners commonly file a “bare-bones” petition to trigger the Automatic Stay, then complete additional schedules within 14 days. Adjust checklist timing accordingly.]

B. Chapter 13 Plan Core Terms

[// GUIDANCE: The District of South Dakota requires use of its Local Form Plan. The framework below tracks that form while allowing customization.]

1. Plan Payment & Duration
   a. Debtor shall remit $[PLAN PAYMENT AMOUNT] per [WEEK/BI-WEEK/MONTH] to the Trustee for [PLAN TERM] months, beginning [DATE].
   b. All payments are made by automatic payroll deduction unless the Trustee authorizes direct payments.

2. Treatment of Administrative Claims
   a. Trustee fees shall be paid pursuant to 28 U.S.C. § 586(e).
   b. Allowed attorney’s fees: $[AMOUNT] to be paid as an administrative expense.

3. Secured Claims
   a. Real Property – Residence:
   • Creditor: [MORTGAGEE].
   • Collateral: [PROPERTY ADDRESS].
   • Arrearage: $[AMOUNT] to be paid pro-rata through the Plan with 0% interest unless otherwise ordered.
   • Ongoing mortgage payments to be paid [inside/outside] the Plan.
   b. Motor Vehicle:
   • Creditor: [LENDER].
   • Collateral: [YEAR/MAKE/MODEL].
   • Secured claim: $[AMOUNT] at [RATE]% interest amortized over the Plan Term.

4. Priority Claims
   Domestic Support Obligations (“DSOs”) and taxes entitled to priority under 11 U.S.C. § 507 shall be paid in full prior to completion of the Plan.

5. General Unsecured Claims
   Unsecured creditors shall receive [PERCENTAGE]% of their timely filed and allowed claims or a pro-rata share of $[POT AMOUNT], whichever yields the greater distribution.

6. Executory Contracts & Unexpired Leases
   • Assumed: [CONTRACT/LEASE] – terms cured through Plan with cure amount of $[AMOUNT].
   • Rejected: All others not expressly assumed are rejected on the Effective Date of confirmation.

7. Vesting of Property of the Estate
   Property of the estate will vest in Debtor [upon confirmation/upon discharge].

8. Plan Confirmation Requirements
   Debtor shall satisfy 11 U.S.C. § 1325(a) & (b) and Local Rules; failure to supply requested tax returns or pay-stubs to Trustee at least seven (7) days prior to the § 341 meeting constitutes grounds for objection.

9. Plan Modification
   Debtor may modify the Plan prior to confirmation under Fed. R. Bankr. P. 3015, or post-confirmation pursuant to 11 U.S.C. § 1329.

IV. REPRESENTATIONS & WARRANTIES

1. Accuracy. Debtor represents that all information in the Petition, Schedules, Statements, and Plan is true and correct to the best of Debtor’s knowledge, information, and belief.
2. Eligibility. Debtor’s non-contingent, liquidated, unsecured debts do not exceed the limits set forth in 11 U.S.C. § 109(e).
3. Good Faith. The Petition and Plan are filed in good faith and not for any improper purpose.
4. Prior Cases. Debtor has/has not been a debtor in a bankruptcy case within the preceding eight (8) years. (If so, list court, case number, and disposition.)
5. Compliance. Debtor is current on post-petition Domestic Support Obligations or none are owed.

[// GUIDANCE: These representations track 11 U.S.C. § 1325(a) confirmation requirements.]

V. COVENANTS & RESTRICTIONS

1. Payment Covenant. Debtor shall make timely Plan payments; failure to pay for more than thirty (30) days constitutes a material default.
2. Documentation Covenant. Debtor shall provide the Trustee with annual tax returns and any requested financial information within fourteen (14) days of request.
3. Insurance. Debtor shall maintain full-coverage insurance on all collateral subject to a secured claim and furnish proof upon request.
4. Transfer Restrictions. Debtor shall not sell, transfer, or encumber property of the estate outside the ordinary course without court approval.

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Failure to make any Plan payment within thirty (30) days of its due date.
   b. Failure to maintain insurance as required above.
   c. Failure to comply with any court order.

2. Cure Period & Notice
   Upon default, the Trustee or affected secured creditor shall serve written notice; Debtor shall have fourteen (14) days to cure.

3. Remedies
   a. Upon uncured default, the Trustee or creditor may file a motion to dismiss or modify the stay.
   b. Graduated relief may include conversion to Chapter 7 pursuant to 11 U.S.C. § 1307(c).
   c. Reasonable attorney fees and costs may be awarded as an administrative expense.

VII. RISK ALLOCATION

1. Indemnification – Not Applicable. Nothing herein shall be construed to create an indemnity by Debtor.
2. Limitation of Liability. Debtor’s liability to unsecured creditors shall be limited to the distributions provided under this confirmed Plan (“Plan Payments”).
3. Force Majeure. If Debtor suffers a material reduction in income due to circumstances beyond Debtor’s control, Debtor may seek Plan modification under 11 U.S.C. § 1329.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Case and Plan are governed exclusively by the Bankruptcy Code, Federal Rules of Bankruptcy Procedure, and Local Rules.
2. Forum Selection. All matters shall be heard and determined by the Bankruptcy Court.
3. Arbitration. Inapplicable; no arbitration may divest the Bankruptcy Court of jurisdiction.
4. Jury Waiver. To the extent a right to jury trial exists on any matter core to this Case, Debtor knowingly waives such right, subject to court approval.
5. Injunctive Relief. The Automatic Stay provides immediate injunctive protection under 11 U.S.C. § 362.

IX. GENERAL PROVISIONS

1. Amendments & Waivers. Any amendment to the Plan must comply with Fed. R. Bankr. P. 3015 and be approved by the Court; no informal waiver shall be effective.
2. Assignment. Rights under the Plan are personal to Debtor and may not be assigned.
3. Successors. The rights and obligations of creditors shall bind their successors and assigns.
4. Severability. If any provision is unenforceable, the remainder shall remain in full force, and the Court may reform the provision to comply with applicable law.
5. Integration. Upon confirmation, the Plan, together with the Bankruptcy Code and the Confirmation Order, constitutes the entire agreement among the parties concerning treatment of claims.
6. Counterparts & E-Signatures. This Plan may be executed in counterparts, including by electronic signature in compliance with Local Rules.

X. EXECUTION BLOCK

Executed on this ___ day of ____, 20__.

[DEBTOR NAME], Debtor

[JOINT DEBTOR NAME], Joint Debtor (if any)

[ATTORNEY NAME], Attorney for Debtor
Bar No.: [__]
Address: [___]
Phone: [_] | Email: [____]

Verification Pursuant to Fed. R. Bankr. P. 1008
I declare under penalty of perjury that the foregoing is true and correct.

State of South Dakota )
) ss.
County of ____ )

Subscribed and sworn before me this ___ day of ____, 20__, by [DEBTOR NAME].

Notary Public
My Commission Expires: ____

[// GUIDANCE: South Dakota permits unsworn declarations under 28 U.S.C. § 1746; if preferred, replace notarization with the statutory declaration.]

PRACTICAL CHECKLIST (NON-FILED INTERNAL USE)

☐ Credit Counseling completed within 180 days pre-petition
☐ Means Test forms prepared
☐ Domestic Support Obligation information gathered
☐ Real estate valuation & secured debt payoff figures obtained
☐ Vehicle titles and insurance verified
☐ Tax returns (last 4 years) ready for Trustee review
☐ Pay-advices (last 60 days) ready for submission

[// GUIDANCE: Attach this checklist to the client file—not for court filing.]

© [YEAR] [LAW FIRM NAME]. This template is provided for attorney use only. Customize to the facts of each case and review all local requirements prior to filing.