[DRAFT] – CHAPTER 13 BANKRUPTCY PETITION & PLAN TEMPLATE (VIRGINIA)
UNITED STATES BANKRUPTCY COURT – [EASTERN / WESTERN] DISTRICT OF VIRGINIA
Last updated [DATE]

This template is built on Official Form 101 (Voluntary Petition for Individuals Filing for Bankruptcy) and Official Form 113 (Chapter 13 Plan), with Virginia-specific local-rule integrations. It is designed for attorney use and assumes familiarity with the U.S. Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the Local Bankruptcy Rules (“LBRs”) of the applicable Virginia district. Replace all bracketed items before filing.

[// GUIDANCE: This template provides a consolidated drafting framework. The actual e-filing will require submission of each Official Form as a separate PDF or ECF event. Maintain Official Form formatting whenever you transpose the substance of these provisions into the court-issued documents.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions (Petition)
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Chapter 13 Plan Template (Official Form 113 Adaptation)
12. Exhibits & Schedules Checklist

1. DOCUMENT HEADER

UNITED STATES BANKRUPTCY COURT
[Eastern / Western] District of Virginia
[Richmond / Alexandria / Norfolk / Newport News / Lynchburg / Roanoke / Harrisonburg] Division

In re:
[Debtor 1 Full Legal Name] )
[Debtor 2 Full Legal Name] (if joint case) ) Case No.: ___
) Chapter 13
Debtor(s). )
A. Effective Petition Date: [MM/DD/YYYY]
B. Governing Law: Federal Bankruptcy Code & Rules; applicable VA LBRs
C. Requested Relief: Order for relief under Chapter 13 and imposition of the automatic stay pursuant to 11 U.S.C. § 362.
D. Designated Chapter 13 Trustee: [Trustee Name]

2. DEFINITIONS

(Alphabetical; capitalized terms used throughout)

• “Administrative Claim” – A claim entitled to priority under 11 U.S.C. § 507(a)(2).
• “Bankruptcy Code” – Title 11 of the United States Code.
• “Bankruptcy Court” – The United States Bankruptcy Court for the [Eastern / Western] District of Virginia.
• “Confirmation Hearing” – The hearing at which the Court considers confirmation of the Plan under 11 U.S.C. § 1325.
• “Debtor” – Collectively, Debtor 1 and, if applicable, Debtor 2.
• “Petition Date” – The date this voluntary petition is filed with the Clerk.
• “Plan” – The Chapter 13 repayment plan filed contemporaneously with this Petition, as amended or modified.
• “Priority Claim” – A claim entitled to priority status under 11 U.S.C. § 507.
• “Secured Creditor” / “Secured Claim” – As defined by 11 U.S.C. § 506(a).
• “Trustee” – The standing Chapter 13 trustee appointed for this Division.

[// GUIDANCE: Expand or delete definitions to match schedules and Plan language.]

3. OPERATIVE PROVISIONS (PETITION)

3.1 Voluntary Petition. Debtor hereby petitions for relief under Chapter 13.
3.2 Filing Fee. Debtor:
  a. ☐ pays the full fee upon filing; or
  b. ☐ requests to pay in installments (FRBP 1006).
3.3 Credit Counseling. Debtor completed an approved credit-counseling course within 180 days pre-petition and attaches Certificate [Official Form 101, Part 5].
3.4 Previous Bankruptcy Cases. List all cases filed within eight years preceding the Petition Date: [Case Nos., Districts, Disposition].
3.5 Related Business Entities. ☐ None ☐ See attached rider.
3.6 Plan Filing. Debtor files the Plan concurrently and will serve it in compliance with FRBP 3015 & VA LBRs.
3.7 Schedules & Statements. All schedules, summary of assets and liabilities, declarations, Statement of Financial Affairs (“SOFA”), and Form B122C-1/2 (Means Test) are filed herewith or within 14 days pursuant to FRBP 1007(c).
3.8 Employer Directive. If required by local procedure, Debtor will submit a Wage Deduction Order authorizing plan payments directly from wages.

4. REPRESENTATIONS & WARRANTIES

4.1 Eligibility. Debtor’s non-contingent, liquidated unsecured debts do not exceed the limit of 11 U.S.C. § 109(e) as of the Petition Date.
4.2 Good-Faith Filing. This Petition and Plan are submitted in good faith and not for any improper purpose.
4.3 Accurate Information. All schedules and statements are true, correct, and complete to the best of Debtor’s knowledge, information, and belief.
4.4 Regular Income. Debtor has regular income sufficient to fund the Plan (11 U.S.C. § 101(30)).
4.5 Asset Preservation. Debtor has not transferred, concealed, or destroyed property with intent to hinder, delay, or defraud creditors within the period prescribed by 11 U.S.C. § 548.

5. COVENANTS & RESTRICTIONS

5.1 Plan Payments. Debtor shall commence payments of $ [Amount] per [Frequency] to the Trustee not later than 30 days after the Petition Date (11 U.S.C. § 1326(a)(1)).
5.2 Post-Petition Obligations. Debtor will remain current on all post-petition domestic support obligations and direct-pay secured debt.
5.3 Documentation. Debtor will supply to the Trustee, upon request, copies of tax returns, pay stubs, and any other financial records required by FRBP 4002(b).
5.4 Insurance. Debtor shall maintain insurance on all estate property subject to a security interest.
5.5 Sale or Refinance. Debtor shall not sell, transfer, or encumber property of the estate outside the ordinary course without Court approval.

6. DEFAULT & REMEDIES

6.1 Event of Default. Failure to make any Plan payment when due is an Event of Default.
6.2 Notice & Cure. The Trustee shall send written notice of default; Debtor has 21 days to cure before the Trustee may seek dismissal or conversion.
6.3 Trustee / Creditor Remedies. Upon uncured default, the Court may:
  a. Dismiss the case;
  b. Convert the case to Chapter 7;
  c. Lift/re-impose the automatic stay for specific creditors.
6.4 Attorney Fees & Costs. Reasonable attorney fees for prosecuting or defending motions under this section may be added to allowed administrative claims, subject to Court approval.

7. RISK ALLOCATION

7.1 Indemnification. Not applicable—Chapter 13 debtors do not indemnify parties in interest.
7.2 Limitation of Liability. Liability is limited to the amount distributable under confirmed Plan payments.
7.3 Force Majeure. If Debtor suffers a material financial hardship (e.g., job loss, medical emergency), Debtor may seek Plan modification under 11 U.S.C. § 1329 or a hardship discharge under § 1328(b).

8. DISPUTE RESOLUTION

8.1 Governing Law. This case is governed by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and applicable Virginia LBRs.
8.2 Exclusive Forum. All disputes shall be adjudicated exclusively by the Bankruptcy Court.
8.3 Arbitration. Not available.
8.4 Jury Waiver. To the extent a jury trial right otherwise exists, Debtor knowingly waives such right, subject to Bankruptcy Court approval and 28 U.S.C. § 157(e).
8.5 Injunctive Relief. The automatic stay under 11 U.S.C. § 362 operates as statutory injunctive relief upon filing.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. Any amendment to this Petition or Plan must comply with FRBP 1009 & 3015 and local procedures.
9.2 Successors. The rights and obligations of the Debtor bind the bankruptcy estate and, upon conversion, any successor trustee.
9.3 Severability. If any provision is unenforceable, the remainder remains in full force.
9.4 Integration. This Petition, the Plan, schedules, and any Court-approved amendments constitute the entire submission.
9.5 Electronic Signatures. Signatures captured via the Court’s electronic filing system are binding under FRBP 5005 and VA LBR 5005-2.

10. EXECUTION BLOCK

/s/ [Debtor 1 Name] Date: [MM/DD/YYYY]
[Debtor 1 Signature Line]

/s/ [Debtor 2 Name] (if joint case) Date: [MM/DD/YYYY]
[Debtor 2 Signature Line]

/s/ [Attorney Name], Esq. Date: [MM/DD/YYYY]
[Attorney for Debtor]
Virginia Bar No.: ______
Firm Name:
Address:
Phone | Email:
[// GUIDANCE: Attach Form 121 (SSN Statement) as a non-public document.
Notarization is not required for the Petition but may be required for debtor declarations on certain Local Forms.]

11. CHAPTER 13 PLAN TEMPLATE

(Official Form 113 – Virginia Adaptation)

*[// GUIDANCE: File the Plan as a stand-alone PDF using the district’s mandatory form layout. The substantive provisions below track Official Form 113. Insert only numbers/text in the actual court form; explanatory notes must be removed before filing.]

A. Plan Payments & Length
1. Debtor shall pay $ [Amount] per [Frequency] to the Trustee for [36 / 60] months.
2. Payments to begin no later than 30 days after the Petition Date.
3. Payments made by: ☐ TFS Online; ☐ Employer Deduction; ☐ Money Order; ☐ Other ____.

B. Classification & Treatment of Claims
1. Administrative Claims (trustee compensation, debtor’s counsel fees).
2. Domestic Support Obligations.
3. Secured Claims
  a. Mortgages/Real Property:
   • Property: [Address] — Monthly conduit payments of $ [Amount].
  b. Motor Vehicles:
   • Creditor: [Name] — Secured value $ [Amount]; interest [Rate]%.
4. Priority Unsecured Claims (e.g., taxes).
5. General Unsecured Claims – Estimated dividend [__]% or $ [Minimum Pool].

C. Executory Contracts & Unexpired Leases
• ☐ Assume ☐ Reject List: [Lessor/Contract Party].

D. Miscellaneous Plan Provisions
1. Vesting of Property of the Estate: ☐ Upon confirmation ☐ Upon discharge.
2. Non-Standard Provisions (must be listed in § 8 of Official Form 113 and box checked):
  • [Describe any deviation from form language—e.g., lien retention language, attorney fee flex-cap, adequate-protection payments.]

E. Plan Confirmation Requirements (11 U.S.C. § 1325)
• Best Interest Test satisfied—liquidation analysis attached.
• Feasibility supported by Schedules I & J.
• Good Faith Statement included in § 9 of the Plan.

[// GUIDANCE: Review the applicable Virginia Standing Trustee’s website for model language on adequate-protection payments, conduit mortgages, and attorney-fee guidelines.]

12. EXHIBITS & SCHEDULES CHECKLIST

[// GUIDANCE: Always cross-check the Clerk’s “First Day Filing Checklist” for your division before e-filing.]

END OF TEMPLATE

DISCLAIMER – This template is provided for informational purposes only and does not create an attorney-client relationship. Local rules, judge-specific procedures, and standing trustee guidelines vary; verify all citations and requirements before filing.