IMPORTANT DISCLAIMER
This template is provided solely for general informational and educational purposes and does not constitute legal advice, opinion, or representation. No attorney–client relationship is created by your use of this material. Bankruptcy practice is highly technical and fact-specific; counsel admitted in the proper district of Tennessee should review, customize, and file the official Judicial Conference forms (Official Forms 101, 106, 121, 122C-1/-2, 113, etc.) together with any required local forms. Always consult the Federal Rules of Bankruptcy Procedure, applicable Local Rules (E.D. Tenn., M.D. Tenn., or W.D. Tenn.), the standing Chapter 13 Trustee’s published guidelines, and 11 U.S.C. §§ 101 et seq. before filing.
CHAPTER 13 VOLUNTARY BANKRUPTCY PETITION & PLAN (TEMPLATE)
United States Bankruptcy Court — [DISTRICT OF TENNESSEE]
[// GUIDANCE: This consolidated template is designed to capture all data necessary to complete the official petition, schedules, Statement of Financial Affairs, and the Local-Form Chapter 13 Plan used in each Tennessee district. Practitioners must transpose the information into the current Official and Local Forms before filing.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
A. Voluntary Petition Information
B. Chapter 13 Plan 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
- Title: “Voluntary Petition for Individuals Filing for Relief Under Chapter 13 of the Bankruptcy Code”
- Parties:
a. “Debtor” – [DEBTOR FULL LEGAL NAME]
b. “Joint Debtor” – [JOINT DEBTOR FULL LEGAL NAME] (if applicable)
c. “Chapter 13 Trustee” – appointed by the U.S. Trustee for the [E/M/W]D Tenn. - Effective Date: Upon filing date stamped by the Clerk of the Court.
- Jurisdiction: United States Bankruptcy Court for the [Eastern / Middle / Western] District of Tennessee pursuant to 28 U.S.C. § 1334 and 11 U.S.C. §§ 301, 302.
II. DEFINITIONS
For purposes of this Petition & Plan, capitalized terms have the meanings set forth below. Undefined terms have the meanings assigned in 11 U.S.C. § 101 or Fed. R. Bankr. P. 9001.
“Adequate Protection” – Periodic cash payments or other relief provided to a secured creditor under 11 U.S.C. § 361.
“Automatic Stay” – The injunction arising under 11 U.S.C. § 362 upon filing.
“Disposable Income” – Defined in 11 U.S.C. § 1325(b)(2).
“Local Rules” – The Local Bankruptcy Rules of the [E/M/W]D Tenn., including any local form Chapter 13 plan (e.g., E.D. Tenn. LBR 3015-1, M.D. Tenn. LBR 3015-1, W.D. Tenn. LBR 3015-1).
“Petition Date” – The date the Clerk receives the Petition.
“Plan” – The Chapter 13 repayment plan submitted pursuant to 11 U.S.C. § 1321 and Local Rules.
“Secured Claim” / “Priority Claim” / “General Unsecured Claim” – As classified under 11 U.S.C. §§ 506, 507.
“Trustee” – The standing Chapter 13 Trustee assigned to this case.
[// GUIDANCE: Add any district-specific defined terms, e.g., “Conduit Mortgage Payment,” if required by local practice.]
III. OPERATIVE PROVISIONS
A. VOLUNTARY PETITION INFORMATION
-
Nature of Relief Requested
Debtor hereby petitions for relief under Chapter 13 of Title 11, United States Code. -
Prior Bankruptcy Cases (Past 8 Years)
• Case No.: [_] | District: [_] | Date Filed: [_] | Disposition: [_] -
Venue & Eligibility
a. Residence, domicile, or principal assets located in this District for 180 days preceding the Petition Date (28 U.S.C. § 1408).
b. Non-contingent, liquidated debts total less than the Chapter 13 debt limits in effect on the Petition Date.
[// GUIDANCE: Insert current statutory amounts published under 11 U.S.C. § 109(e).] -
Credit Counseling Certificate
Debtor received approved credit counseling within 180 days of Petition Date or qualifies for a statutory waiver (11 U.S.C. § 109(h)). -
Exhibits & Schedules Incorporated by Reference
a. Summary of Assets & Liabilities (Official Form 106Sum)
b. Schedules A/B–J
c. Statement of Financial Affairs (Official Form 107)
d. Statement of Current Monthly Income & Calculation of Commitment Period (Official Form 122C-1/-2)
e. Statement of Social-Security Number (Official Form 121 – filed under seal)
f. Chapter 13 Plan (see Section III.B)
B. CHAPTER 13 PLAN TERMS
[// GUIDANCE: Tennessee districts require filing their own Local-Form Plan (“LF-13”). The outline below mirrors the mandatory structure; transfer the data to the local form.]
-
Plan Length & Commitment Period
• Term: [36 / 60] months beginning [FIRST DAY OF THE MONTH FOLLOWING 30 DAYS AFTER PETITION DATE].
• Applicable Commitment Period determined under 11 U.S.C. § 1325(b)(4) and Form 122C-1. -
Plan Payments
a. Debtor shall remit $[AMOUNT] semi-monthly/bi-weekly/monthly to Trustee by [METHOD: ACH, wage‐deduction, etc.].
b. Conduit Mortgage Payments (if required by Local Rule): $[AMOUNT] included in the payment above. -
Distribution of Funds
a. Trustee Fee: Statutory percentage pursuant to 28 U.S.C. § 586(e)(1)(B).
b. Attorney Fees: $[AMOUNT] total; $[AMOUNT] paid pre-petition; balance through plan as an administrative claim.
c. Secured Claims:
i. Collateral: [DESCRIPTION]; Creditor: [NAME]; Claim: $[AMOUNT]; Interest: [RATE]% simple; Adequate Protection $[AMOUNT]/mo.
ii. [Add additional secured claims]
d. Priority Claims:
Domestic Support Obligation (DSO) arrears: $[AMOUNT]; to be paid in full.
IRS/State Tax Priority: $[AMOUNT]; tax years [____].
e. Special Class Unsecured Claims (if any): [DESCRIPTION]
f. General Unsecured Pool: projected [__]% dividend or $[DOLLAR MINIMUM]. -
Executory Contracts & Leases
The following are assumed/rejected pursuant to 11 U.S.C. § 365:
• Assume: [CREDITOR / CONTRACT] – cure $[AMOUNT].
• Reject: [CREDITOR / CONTRACT]. -
Lien Avoidance / Valuation Motions
Embedded motions under Fed. R. Bankr. P. 3012/4003(d):
• Avoid judicial lien of [CREDITOR] on [PROPERTY] under 11 U.S.C. § 522(f).
• Value collateral of [CREDITOR] at $[AMOUNT]. -
Vesting of Property of the Estate
Property of the estate shall revest in Debtor upon entry of the discharge order unless otherwise provided herein. -
Non-standard Plan Provisions
[INSERT TEXT of any non-standard provisions and label conspicuously, as required by Fed. R. Bankr. P. 3015(c).]
IV. REPRESENTATIONS & WARRANTIES
- Eligibility: Debtor meets the requirements of 11 U.S.C. §§ 109(e), 1322, 1325.
- Accuracy: All information provided in the Petition, Schedules, and Plan is true and correct to the best of Debtor’s knowledge, information, and belief.
- Good-Faith Filing: Case is filed in good faith and not for purposes of delay or abuse of the bankruptcy system (11 U.S.C. § 1325(a)(3)).
- Disposable Income: Plan proposes to apply all projected disposable income to unsecured creditors for the applicable commitment period (11 U.S.C. § 1325(b)(1)(B)).
- Domestic Support Obligations: Debtor is current on post-petition DSO payments or will become current through the Plan.
V. COVENANTS & RESTRICTIONS
- Payment Covenant: Debtor shall timely make all Plan payments and all direct post-petition payments on debts not administered by the Trustee (e.g., ongoing DSO).
- Insurance: Debtor shall maintain insurance on any property securing a claim (real or personal) at levels required by contract or state law.
- Tax Filings: Debtor shall file all federal and state tax returns as they become due during the Plan term and provide copies to the Trustee upon request.
- Notice of Change in Financial Circumstances: Debtor shall report any material increase in income, bonus, inheritance, or lawsuit recovery exceeding $[THRESHOLD] within 14 days.
- New Debt: Debtor shall not incur post-petition debt exceeding $[AMOUNT] without Trustee and Court approval, except for ordinary household or emergency medical expenses.
- Plan Modification: Debtor may move to modify the Plan under 11 U.S.C. § 1329 in the event of income changes or creditor claims variance.
VI. DEFAULT & REMEDIES
-
Events of Default
a. Failure to make a Plan payment within 30 days of its due date.
b. Failure to remain current on post-petition DSO or direct mortgage payments (if not conduit).
c. Failure to provide required tax returns or documentation within stated deadlines. -
Cure Period
Trustee shall mail written notice of default (with copy to Debtor’s counsel). Debtor has 21 days to cure or object. -
Remedies
a. If uncured, Trustee may file a motion to dismiss or convert under 11 U.S.C. § 1307.
b. Creditors may seek relief from stay upon separate motion and Court order.
c. Upon dismissal, the Automatic Stay terminates and property of the estate revests as provided in the dismissal order. -
Attorneys’ Fees
Reasonable fees incurred in defending against dismissal or stay-relief motions may be added as administrative expenses upon Court approval.
VII. RISK ALLOCATION
-
Indemnification
Not applicable; liability of the Debtor is limited to performance of the Plan. -
Limitation of Liability
Distributions to creditors are limited to funds received by the Trustee under the Plan (“Plan Payments”). The Trustee, acting as a fiduciary, shall have no personal liability beyond amounts collected. -
Force Majeure
Debtor may request a temporary suspension or Plan modification for circumstances beyond Debtor’s control (e.g., natural disaster, serious illness) pursuant to 11 U.S.C. § 1329 and Local Rule 9013-1.
VIII. DISPUTE RESOLUTION
-
Governing Law
The Bankruptcy Code (11 U.S.C. §§ 101-1532), Federal Rules of Bankruptcy Procedure, and Local Rules of the United States Bankruptcy Court for the [E/M/W]D Tenn. -
Forum Selection
Exclusive jurisdiction lies with the United States Bankruptcy Court for the [Eastern / Middle / Western] District of Tennessee, with appeals to the U.S. District Court as provided by 28 U.S.C. § 158. -
Arbitration
Not available; core bankruptcy matters are reserved to the Bankruptcy Court. -
Jury Trial
Jury trials are available only upon proper motion, designation as non-core, and withdrawal of the reference; otherwise waived. -
Injunctive Relief
Parties acknowledge the immediate statutory Automatic Stay under 11 U.S.C. § 362 upon filing.
IX. GENERAL PROVISIONS
-
Amendments & Waivers
Any amendment of the Plan must comply with 11 U.S.C. § 1329 and Fed. R. Bankr. P. 3015(g). No oral modifications are binding. -
Assignment
Debtor’s obligations are personal and non-delegable without Court approval. -
Successors & Assigns
The rights and obligations of the parties bind their heirs, executors, administrators, and permitted assigns. -
Severability
If any provision is unenforceable, the remainder of the Plan/Petition remains in full force. -
Integration
This document (together with the official forms filed concurrently) constitutes the entire understanding regarding Debtor’s Chapter 13 case. -
Electronic Signatures
Permitted under Fed. R. Bankr. P. 5005(a)(2) and local CM/ECF procedures; /s/ signatures are deemed originals for all purposes.
X. EXECUTION BLOCK
Under penalty of perjury, the undersigned declare that the foregoing is true and correct.
DATED: [DATE]
Debtor:
[DEBTOR NAME], Debtor
Joint Debtor (if any):
[JOINT DEBTOR NAME], Joint Debtor
Attorney for Debtor:
[ATTORNEY NAME]
[TN BAR NO.]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Certification of Petitioner (Non-Lawyer) – if applicable under 11 U.S.C. § 110
Notary Acknowledgment (only if required by specific district rule)
State of Tennessee, County of __
Subscribed and sworn before me on _, 20.
Notary Public
My commission expires: ______.
[// GUIDANCE: Attach the district’s mandatory Chapter 13 Plan form, Statement of Social Security Number (Official Form 121), and any Trustee-specific “initial questionnaire” as separate exhibits. Verify current debt-limit figures and Local Rules before finalizing.]