CHAPTER 13 VOLUNTARY PETITION & PLAN

(Texas – Federal Bankruptcy Code)

[// GUIDANCE: This template is NOT a substitute for the Official Bankruptcy Forms (e.g., Official Form 101, Schedules A/B–J, SOFA, 122C-1/2). It is designed to serve as a master “cover document” that integrates (1) the core representations required for Chapter 13 relief, (2) Texas-specific local rule provisions, and (3) a model Chapter 13 Plan outline. Counsel must attach the executed Official Forms and any district-prescribed plan form before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibits & Schedules (List)

1. DOCUMENT HEADER

UNITED STATES BANKRUPTCY COURT
FOR THE [ DISTRICT ] OF TEXAS

In re:
• [DEBTOR FULL LEGAL NAME]
• [CO-DEBTOR FULL LEGAL NAME] (if any)
Debtor(s)

Case No.: [____]
Chapter: 13
Effective Date: [PETITION DATE]

RECITALS

A. Debtor desires to commence a voluntary case under 11 U.S.C. §§ 301 & 1301 et seq. and proposes the accompanying Chapter 13 Plan (the “Plan”).
B. Venue is proper in this District pursuant to 28 U.S.C. § 1408.
C. Debtor elects the protections of the automatic stay under 11 U.S.C. § 362(a) and, if applicable, the co-debtor stay under 11 U.S.C. § 1301.
D. This document sets forth core terms, acknowledgments, and certifications supplementing the Official Forms and the Local Rules of the United States Bankruptcy Court for the [ District ] of Texas (“Local Rules”).

2. DEFINITIONS

For purposes of this Petition & Plan, capitalized terms have the meanings set forth below. Undefined terms have the meanings assigned in the Bankruptcy Code (11 U.S.C.), the Federal Rules of Bankruptcy Procedure (“Bankruptcy Rules”), and the Local Rules.

“Automatic Stay” – The injunction imposed by 11 U.S.C. § 362(a).
“Bankruptcy Code” – Title 11 of the United States Code.
“Bankruptcy Court” or “Court” – The United States Bankruptcy Court for the [ District ] of Texas.
“Confirmed Plan” – The Plan, as may be amended, when confirmed by order of the Court under 11 U.S.C. § 1325.
“Disposable Income” – As determined under 11 U.S.C. § 1325(b)(2).
“Petition Date” – The date this voluntary petition is filed.
“Plan Payment” – The periodic amount Debtor shall remit to the Trustee under Section 3.3.
“Priority Claim” – A claim entitled to priority under 11 U.S.C. § 507.
“Secured Claim” – A claim secured by a lien as defined in 11 U.S.C. § 101(37).
“Trustee” – The standing Chapter 13 trustee appointed for this Division.

[// GUIDANCE: Add district-specific defined terms (e.g., “Conduit Mortgage Payment”) if required by local practice.]

3. OPERATIVE PROVISIONS

3.1 Commencement. Debtor hereby commences a voluntary case under Chapter 13 by filing:
 (a) Official Form 101 (Voluntary Petition);
 (b) All Schedules, Statement of Financial Affairs (“SOFA”), and creditor matrix; and
 (c) This Petition & Plan.

3.2 Plan Term. The Plan term shall be [ ___ ] months, not to exceed 60 months pursuant to 11 U.S.C. § 1322(d).

3.3 Plan Payments.
 (a) Commencing not later than 30 days after the Petition Date, Debtor shall pay the Trustee $[PLAN PAYMENT AMOUNT] per [month/semi-month/bi-weekly] until completion of all Plan payments or entry of a dismissal/conversion order.
 (b) Payments shall be made by [ACH payroll deduction / money order / online portal] as required by Trustee’s procedures.

3.4 Distribution Waterfall. The Trustee shall disburse Plan funds as follows:
 1. Trustee compensation under 28 U.S.C. § 586(e);
 2. Adequate protection payments under 11 U.S.C. § 1326(a)(1)(C);
 3. Domestic support obligations (“DSO”);
 4. Allowed administrative expenses (including debtor’s attorney fees);
 5. Secured Claims and executory contract arrearages;
 6. Priority Claims;
 7. Non-priority unsecured claims pro rata.

3.5 Vesting. Property of the estate shall [remain property of the estate / revest in Debtor] upon confirmation pursuant to 11 U.S.C. § 1327(b).

3.6 Conditions Precedent. Confirmation is conditioned upon:
 (a) Debtor’s completion of credit-counseling (11 U.S.C. § 109(h));
 (b) Filing of pay advices (Bankr. Rule 1007(b)(1)(E));
 (c) Payment of the filing fee or approval of an installment schedule.

4. REPRESENTATIONS & WARRANTIES

4.1 Accuracy. Debtor represents that all information provided in the Official Forms, Schedules, SOFA, and this Petition & Plan is true, correct, and complete to the best of Debtor’s knowledge, information, and belief.

4.2 Eligibility. Debtor warrants eligibility for Chapter 13 relief under 11 U.S.C. §§ 109(e) & 1322(a).

4.3 Good-Faith Filing. Debtor warrants that this petition is filed in good faith and not for any improper purpose.

4.4 Ability to Fund Plan. Debtor represents that projected Disposable Income is sufficient to make all Plan Payments.

4.5 No Prior Discharge Bar. Debtor represents that no discharge has been entered within the limitations period of 11 U.S.C. § 1328(f).

[// GUIDANCE: Attach a Disclosure Schedule if any representation requires detailed exceptions.]

5. COVENANTS & RESTRICTIONS

5.1 Ongoing Duties. Debtor shall:
 (a) Timely file all required tax returns and provide copies to the Trustee;
 (b) Maintain insurance on all property subject to a lien;
 (c) Provide updated financial information upon Trustee request;
 (d) Notify the Trustee and affected creditors of any address change within 7 days.

5.2 Negative Covenants. Debtor shall not, without Court approval:
 (a) Incur post-petition debt exceeding $[____];
 (b) Sell or transfer estate property outside ordinary course;
 (c) Modify withholding of Plan Payments.

5.3 Compliance Monitoring. Debtor authorizes the Trustee to obtain financial and tax information to verify continued eligibility and Plan feasibility.

6. DEFAULT & REMEDIES

6.1 Events of Default.
 (a) Failure to make any Plan Payment in full within 30 days of its due date;
 (b) Failure to comply with a covenant in Section 5 after 21-day written notice;
 (c) Default on a post-petition DSO or direct-pay secured obligation.

6.2 Notice & Cure. The Trustee or an affected creditor shall serve written Notice of Default on Debtor and counsel. If Debtor cures within 14 days, the default is deemed waived.

6.3 Remedies. Upon uncured default, the Trustee or interested party may:
 (a) Move to dismiss the case under 11 U.S.C. § 1307(c);
 (b) Seek conversion to Chapter 7;
 (c) Request relief from the Automatic Stay as to the defaulting collateral.

6.4 Attorney Fees. Debtor agrees that reasonable attorney fees and costs incurred by the Trustee or a creditor in enforcing the Plan may be treated as administrative expenses under 11 U.S.C. § 503(b).

7. RISK ALLOCATION

7.1 Indemnification. Not applicable.

7.2 Liability Cap. Debtor’s liability to unsecured creditors is capped at the total amount of Plan Payments actually distributed under Section 3.4, subject to modification in any confirmed Plan amendment.

7.3 Force Majeure. If Debtor suffers a material interruption in income due to circumstances beyond Debtor’s control (e.g., natural disaster, serious illness), Debtor may file a motion to suspend or modify Plan Payments pursuant to 11 U.S.C. § 1329 and Local Rule [3015-1].

8. DISPUTE RESOLUTION

8.1 Governing Law. This case is governed by the Bankruptcy Code and federal law; to the extent state law is applicable, Texas law governs.

8.2 Exclusive Forum. All disputes arising under or related to this case shall be adjudicated exclusively in the United States Bankruptcy Court for the [ District ] of Texas.

8.3 Arbitration. Not available.

8.4 Jury Waiver. To the limited extent a right to jury trial exists in any contested matter or adversary proceeding, Debtor knowingly and voluntarily waives such right, subject to Court approval.

8.5 Injunctive Relief. The Automatic Stay under 11 U.S.C. § 362(a) constitutes an injunction binding on all parties in interest until lifted by Court order.

9. GENERAL PROVISIONS

9.1 Amendments. This Petition & Plan may be amended only by written modification filed with the Court and served in accordance with Bankruptcy Rule 3015.

9.2 Assignment. Debtor may not assign rights or delegate duties under the Plan.

9.3 Successors. The rights and obligations of the parties bind and inure to their respective heirs, executors, administrators, and permitted successors.

9.4 Severability. If any provision is unenforceable, the remainder of the Plan shall be given full effect consistent with applicable law.

9.5 Integration. This document, together with the Official Forms and any Court-approved Plan amendments, constitutes the entire agreement among the parties with respect to the subject matter herein.

9.6 Counterparts & Electronic Signatures. This instrument may be executed in multiple counterparts, including counterparts executed by electronic signature in compliance with Local Rule [5005-4].

10. EXECUTION BLOCK

Executed on [DATE].

DEBTOR:

[DEBTOR NAME], Debtor

CO-DEBTOR (if any):

[CO-DEBTOR NAME], Co-Debtor

COUNSEL FOR DEBTOR:

[ATTORNEY NAME]
State Bar No. [____]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

[// GUIDANCE: Notarization is generally NOT required for Chapter 13 petitions; however, counsel may attach an unsworn declaration under 28 U.S.C. § 1746 if district practice so dictates.]

11. EXHIBITS & SCHEDULES (attach as applicable)

• Exhibit A – Summary of Plan Payments & Distribution
• Exhibit B – Liquidation Analysis (11 U.S.C. § 1325(a)(4))
• Exhibit C – Cash-Flow Statement Supporting Feasibility
• Schedule 1 – Secured Claims Detail
• Schedule 2 – Executory Contracts & Unexpired Leases
• Schedule 3 – Priority Debt Detail
• Schedule 4 – Non-Priority Unsecured Debt Listing
• Schedule 5 – District-Specific Addendum (Local Rule 3015-1)

[// GUIDANCE: Before filing, integrate the district’s mandatory “Chapter 13 Plan” form (e.g., TXNB, TXSB, TXEB, or TXWB versions). Ensure all dollar figures, interest rates, and collateral descriptions reconcile across Schedules, the Plan, and creditor proofs of claim.]

CERTIFICATION UNDER PENALTY OF PERJURY

I declare under penalty of perjury that the foregoing is true and correct.

[DEBTOR NAME]

Date: [_]

© 2025 [LAW FIRM NAME]. Template provided for professional use by licensed attorneys. All rights reserved.