CHAPTER 13 VOLUNTARY PETITION & PLAN

United States Bankruptcy Court – District of Vermont

[// GUIDANCE: This template is drafted to align with Official Bankruptcy Forms 101, 106, 113, and related schedules, as well as the District of Vermont Local Bankruptcy Rules (“VT LBR”). Always file the official forms; use this template to gather, organize, and verify client information before inputting it into the Official Forms or any e-filing system. Confirm all dollar limits in 11 U.S.C. § 109(e) and other statutory thresholds on the date of filing.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

A. Caption

UNITED STATES BANKRUPTCY COURT
DISTRICT OF VERMONT

In re: Chapter 13
Case No. [__]
[DEBTOR FULL LEGAL NAME],
Debtor.

B. Title
Voluntary Petition & Chapter 13 Plan (the “Petition & Plan”)

C. Effective Date
This Petition & Plan is deemed filed and effective upon electronic docketing by the Clerk of the Bankruptcy Court on [FILING_DATE] (the “Petition Date”).

D. Recitals

1. Debtor is an individual with a domicile or residence in the District of Vermont eligible for relief under 11 U.S.C. § 109(e).
2. Debtor seeks adjustment of debts under Chapter 13 of title 11 of the United States Code (the “Bankruptcy Code”).
3. Debtor files this Petition & Plan pursuant to the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure (“FRBP”), and the VT LBR, to obtain the protection of the automatic stay under 11 U.S.C. § 362.

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below. All references to statutory provisions are to title 11 of the United States Code unless otherwise noted.

1. “Administrative Claim” – A claim entitled to priority under § 503(b).
2. “Allowed Claim” – A claim deemed allowed under § 502 or by Court order.
3. “Automatic Stay” – The injunction arising under § 362(a).
4. “Bankruptcy Court” – The United States Bankruptcy Court for the District of Vermont.
5. “Bankruptcy Estate” – The estate created under § 541 upon the Petition Date.
6. “Plan” – The Chapter 13 plan embodied in Article III of this document and supplemented by Official Form 113.
7. “Priority Claim” – A claim entitled to priority under § 507.
8. “Secured Claim” – A claim secured by a lien on property of the Estate within the meaning of § 506(a).
9. “Trustee” – The standing Chapter 13 trustee appointed for this District, presently [TRUSTEE NAME].
10. “VT LBR” – The Local Bankruptcy Rules for the District of Vermont, including, without limitation, VT LBR 3015-2 (Plan Confirmation) and VT LBR 3015-3 (Plan Payments).

[// GUIDANCE: Add any case-specific defined terms—e.g., “Domestic Support Obligation,” “Conduit Mortgage Payment,” etc.—in alphabetical order.]

III. OPERATIVE PROVISIONS

A. Commencement of Case

1. Debtor commences this case by filing Official Form 101 along with this Petition & Plan.
2. Venue is proper under 28 U.S.C. § 1408.

B. Schedules, Statements, and Other Initial Filings

1. Debtor shall file Schedules A/B–J, Summary of Assets and Liabilities, Statement of Financial Affairs (Official Form 107), and Statement of Current Monthly Income (Form 122C-1) within fourteen (14) days of the Petition Date, unless already filed.
2. Debtor shall provide the Trustee with the documents enumerated in FRBP 4002(b) not later than seven (7) days before the § 341 meeting.

C. Chapter 13 Plan Terms (Official Form 113 Incorporated)

1. Plan Length: [36/60] months, subject to § 1325(b).
2. Plan Payment: Debtor shall pay $[PLAN_PAYMENT_AMOUNT] per [WEEK/BI-WEEK/MONTH] to the Trustee, commencing no later than thirty (30) days after the Petition Date (VT LBR 3015-2(a)).
3. Secured Claims:
   a. Value and Treatment of Collateral – see Section 3.2 of Official Form 113.
   b. Conduit mortgage payments, if applicable, are [included / not included] pursuant to VT LBR 3015-2(f).
4. Priority Claims: Domestic support obligations paid [inside/outside] the Plan.
5. General Unsecured Claims: Estimated dividend [__]% subject to the best-interest-of-creditors test (§ 1325(a)(4)).
6. Executory Contracts & Unexpired Leases: Assumed or rejected per Section 6 of Official Form 113.
7. Plan Confirmation Conditions:
   a. Debtor shall be current on post-petition domestic support obligations.
   b. All pre-confirmation payments must be received and posted by the Trustee (VT LBR 3015-2(c)).
   c. Debtor shall file all required tax returns (VT LBR 4002-1).

[// GUIDANCE: Insert any non-standard provisions in Section 8 of Form 113 and ensure they are separately numbered and titled “Non-Standard Plan Provision.”]

IV. REPRESENTATIONS & WARRANTIES

1. Eligibility: Debtor’s non-contingent, liquidated unsecured debts are less than the statutory maximum in § 109(e).
2. Accuracy of Information: All information in the Petition, Schedules, and Plan is true and correct to the best of Debtor’s knowledge, information, and belief.
3. Good-Faith Filing: Debtor files this case in good faith and not for any improper purpose such as to hinder, delay, or defraud creditors.
4. No Prior Discharge Bar: Debtor has not received a Chapter 13 discharge within the two-year period preceding the Petition Date.
5. Credit Counseling: Debtor received an approved credit-counseling briefing within 180 days pre-petition or qualifies for a statutory exemption (§ 109(h)).

Representations survive confirmation and are deemed reaffirmed at each Plan amendment.

V. COVENANTS & RESTRICTIONS

1. Plan Payments: Debtor shall timely tender all Plan payments. Failure to do so for more than two (2) consecutive periods constitutes a material default.
2. Post-Petition Obligations: Debtor shall remain current on (i) domestic support obligations, (ii) post-petition taxes, and (iii) direct-pay secured debt unless conduit payments are provided.
3. Insurance: Debtor shall maintain insurance on all estate property subject to a lien to at least the amount of the lien.
4. Sale or Transfer of Estate Property: Debtor shall not sell, transfer, or encumber Estate property outside the ordinary course without Court approval (§ 363).
5. Tax Returns & Refunds: Debtor shall provide copies of each filed tax return to the Trustee annually and shall remit any tax refunds in excess of $[THRESHOLD] to the Trustee unless otherwise provided in the confirmed Plan.
6. Plan Modifications: Debtor shall promptly propose a modified Plan if (i) income increases by more than 10%, (ii) an asset of significant value is acquired, or (iii) any other material change occurs (§ 1329, VT LBR 3015-4).

VI. DEFAULT & REMEDIES

1. Events of Default:
   a. Failure to make any Plan payment within fifteen (15) days of its due date;
   b. Failure to maintain required insurance;
   c. Failure to file, confirm, or consummate a modified Plan when required;
   d. Dismissal or conversion of the case.
2. Notice & Cure: Except for dismissal or conversion, the Trustee shall serve written notice of default with a twenty-one (21) day cure period (VT LBR 9014-1).
3. Remedies:
   a. Dismissal of the case under § 1307(c);
   b. Conversion to Chapter 7 on motion of Debtor or any party in interest;
   c. Relief from the Automatic Stay for affected secured creditors (§ 362(d));
   d. Such other relief as the Court deems just and proper.
4. Attorneys’ Fees: Reasonable attorneys’ fees incurred in connection with curing defaults or defending motions for relief shall be allowable administrative expenses if approved by the Court (§ 503(b)).

VII. RISK ALLOCATION

1. Indemnification: Not applicable; claims are governed by the Bankruptcy Code.
2. Limitation of Liability: Debtor’s liability to unsecured creditors is capped at the distribution provided under the confirmed Plan; upon entry of discharge, personal liability is extinguished except as otherwise provided in § 523(a).
3. Force Majeure: If Debtor’s ability to make Plan payments is materially impaired by circumstances beyond Debtor’s control (e.g., catastrophic illness, natural disaster), Debtor may seek (i) a temporary suspension of payments, (ii) a Plan modification, or (iii) a hardship discharge under § 1328(b).

VIII. DISPUTE RESOLUTION

1. Governing Law: This case and all related proceedings are governed exclusively by the Bankruptcy Code, the FRBP, and applicable federal law.
2. Forum Selection & Jurisdiction: Exclusive jurisdiction lies in the United States Bankruptcy Court for the District of Vermont.
3. Arbitration: Arbitration is not available for matters arising under the Bankruptcy Code absent specific Court order.
4. Jury Waiver: To the 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.
5. Injunctive Relief: The Automatic Stay (§ 362) constitutes immediate injunctive relief binding on all creditors upon the Petition Date.

IX. GENERAL PROVISIONS

1. Amendment & Waiver: Any amendment of this Petition & Plan must comply with § 1323 or § 1329 and be approved by Court order. No informal waiver by any party is effective unless the Court so orders.
2. Assignment: The rights and obligations under the Plan may not be assigned by any creditor without Court approval.
3. Successors & Assigns: The Plan is binding upon Debtor, all creditors, and all parties in interest once confirmed (§ 1327).
4. Severability: If any provision herein is found unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted by law.
5. Integration: This Petition & Plan, together with the Official Forms and any Court-approved amendments, constitutes the entire agreement among parties concerning the adjustment of Debtor’s debts.
6. Electronic Signatures: Pursuant to VT LBR 5005-2, electronic signatures authorized under the Court’s CM/ECF procedures are deemed originals.

X. EXECUTION BLOCK

Debtor’s Verification (Unsworn Declaration under 28 U.S.C. § 1746)

I declare under penalty of perjury that the foregoing Petition & Plan, including all schedules, statements, and attachments, is true and correct.

Date: __ ______
[DEBTOR NAME], Debtor
Last 4 digits of SSN: [____]
Attorney Signature

Date: __ ____
[ATTORNEY NAME], Esq.
VT Bar No. [_]
Counsel for Debtor
Address: [__]
Phone: [___]
Email: [___]
Chapter 13 Trustee Acknowledgment (Optional for Drafting Purposes)

Receipt of this proposed Plan is acknowledged, subject to review and objection rights.

Date: __ ________
[TRUSTEE NAME], Chapter 13 Trustee
[// GUIDANCE:
1. Attach the completed Official Forms 101, 106A/B–J, 107, 113, 122C-1/2, 2030, and the Statement of Social Security Number (Form 121 – to be filed non-publicly).
2. Verify compliance with VT LBR 1007-1 (matrix requirements) and VT LBR 3015-2 (local plan provisions).
3. Serve the Plan on all creditors and the Trustee; file Certificate of Service (FRBP 3015(d)).
4. Calendar § 341 meeting (approximately 30–45 days post-petition) and the confirmation hearing (usually 45–60 days thereafter).]