CHAPTER 13 VOLUNTARY BANKRUPTCY PETITION
(Washington – Eastern or Western District)
[// GUIDANCE: This template is intentionally expansive. It is designed to (i) collect every data‐point and representation counsel will ultimately enter into Official Form 101 (Voluntary Petition for Individuals Filing for Bankruptcy) and Official Form 113 (Chapter 13 Plan), and (ii) memorialize debtor representations, covenants, and risk disclosures in a single, signed instrument that can be produced to the Chapter 13 trustee or the Court if any statement in the official forms is later disputed. Delete any provisions that are unnecessary once the official forms are completed.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. Chapter 13 Voluntary Bankruptcy Petition and Pre-Filing Agreement (the “Petition”).
1.2 Parties.
(a) “[DEBTOR]” – [Full Legal Name], SSN: -*-[XXXX], residing at [Address].
(b) “[JOINT DEBTOR]” – (if applicable) [Full Legal Name], SSN: -*-[XXXX], residing at [Address].
(c) “[ATTORNEY]” – [Firm Name], Bar No. [_], mailing address [_].
1.3 Recitals.
A. Debtor intends to reorganize debts under Chapter 13 of title 11 of the United States Code (the “Bankruptcy Code”).
B. Debtor is eligible for Chapter 13 relief pursuant to 11 U.S.C. §§ 109(e) and 101(30).
C. This Petition is governed by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure (“FRBP”), and the Local Bankruptcy Rules (“LBR”) of the United States Bankruptcy Court for the [Eastern/Western] District of Washington (the “Court”).
D. Upon filing, the automatic stay under 11 U.S.C. § 362 shall apply.
1.4 Effective Date. The Petition shall become effective on the date it is filed with the Clerk of the Court (the “Petition Date”).
2. DEFINITIONS
“Bankruptcy Code” – Title 11 of the U.S. Code.
“Bankruptcy Estate” – The estate created under 11 U.S.C. §§ 1306 & 541.
“Chapter 13 Plan” or “Plan” – The plan submitted on Official Form 113, as may be amended, and any corresponding Local Form required under LBR 3015-1.
“Confirmation Order” – An order confirming the Plan under 11 U.S.C. § 1325.
“Court” – The U.S. Bankruptcy Court for the [Eastern/Western] District of Washington.
“Creditor” – An entity holding a claim as defined in 11 U.S.C. § 101(5).
“Disposable Income” – Income calculable under 11 U.S.C. § 1325(b).
“Trustee” – The standing Chapter 13 trustee appointed for this District.
[// GUIDANCE: Add additional defined terms as needed to coordinate with your schedules and Plan.]
3. OPERATIVE PROVISIONS
3.1 Petition Filing Components. Debtor shall contemporaneously file:
(a) Official Form 101 (Voluntary Petition);
(b) Schedules A/B–J, Summary of Assets & Liabilities, Declaration Concerning Schedules;
(c) Statement of Financial Affairs (Official Form 107);
(d) Chapter 13 Statement of Current Monthly Income & Calculation of Commitment Period (Official Form 122C-1) and Disposable Income (Form 122C-2);
(e) Chapter 13 Plan (Official Form 113 or District-specific Local Form); and
(f) Creditor Mailing Matrix per LBR 1007-1.
3.2 Plan Payments.
(a) Amount. Debtor shall pay $[AMOUNT] per [Month/Bi-Week] to the Trustee commencing no later than 30 days after the Petition Date (11 U.S.C. § 1326(a)(1)).
(b) Method. [ACH/Employer Wage Deduction/Certified Funds].
(c) Duration. [36/60] months unless the Plan is paid sooner in full.
3.3 Adequate Protection. Pre-confirmation adequate-protection payments, if any, shall be made pursuant to LBR 3015-1 and Trustee guidelines.
3.4 Conditions Precedent. The following are conditions to Plan confirmation:
(i) Debtor’s completion of credit counseling pre-petition (11 U.S.C. § 109(h));
(ii) Filing of all tax returns required under 11 U.S.C. § 521(e);
(iii) First Plan payment timely tendered;
(iv) Attendance at § 341 meeting.
3.5 Conditions Subsequent. Plan confirmation is conditioned on:
(i) Debtor remaining current on domestic support obligations (“DSO”); and
(ii) Timely submission of annual tax returns and refunds as required by Trustee.
4. REPRESENTATIONS & WARRANTIES
4.1 Accuracy of Information. Debtor represents under penalty of perjury that all information contained in this Petition, the Schedules, Statements, and Plan is true, correct, and complete to the best of Debtor’s knowledge.
4.2 Asset Disclosure. Debtor has listed all legal or equitable interests in property, tangible or intangible, including community property interests.
4.3 Prior Filings. Debtor has [not] filed any bankruptcy in the last 8 years other than as disclosed in Part 2 of Official Form 101.
4.4 Eligibility. Debtor’s non-contingent, liquidated, secured and unsecured debts do not exceed the limits set forth in 11 U.S.C. § 109(e) as of the Petition Date.
4.5 Good Faith. Debtor files this Petition and Plan in good faith and not for an improper purpose.
4.6 Survival. Representations in Sections 4.1-4.5 survive confirmation, dismissal, or conversion.
5. COVENANTS & RESTRICTIONS
5.1 Post-Petition Duties. Debtor shall:
(a) Make all Plan payments when due;
(b) Maintain insurance on all property subject to a lien;
(c) Provide Trustee with copies of filed federal tax returns annually within 14 days of filing;
(d) Turn over to the Trustee any federal income-tax refund in excess of $[WA LOCAL RULE – typically $2,000] unless otherwise ordered;
(e) Comply with all Trustee requests for documents within 21 days; and
(f) Refrain from incurring post-petition debt exceeding $[2,500] without Court approval.
5.2 Sale or Re-financing of Property. Debtor shall not sell, transfer, lease, or encumber real or personal property outside the ordinary course of business without obtaining Court approval in accordance with LBR 6004-1.
5.3 Notices. Debtor must notify the Trustee and the Court in writing of any change of address or employment within 7 days. (See FRBP 4002(a)(5)).
5.4 Cure Periods. If Debtor fails to make any payment or comply with any covenant herein, Debtor shall have a 14-day period after written notice from the Trustee or a Creditor to cure unless a shorter period is ordered by the Court.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Failure to make any Plan payment when due and not cured within the applicable cure period;
(b) Failure to provide required documents under § 521 or Trustee directives;
(c) Material misrepresentation in any filed document;
(d) Violation of stay or Court order;
(e) Failure to remain current on DSO.
6.2 Trustee Remedies. Upon default, the Trustee may move to dismiss or convert the case under 11 U.S.C. § 1307(c) after giving notice as required by LBR 9013-1.
6.3 Creditor Remedies. Secured creditors may move for relief from stay under 11 U.S.C. § 362(d) upon default in adequate-protection or post-petition payments.
6.4 Attorneys’ Fees. Reasonable attorneys’ fees and costs incurred in enforcing this Petition or the Plan may be allowed as administrative expenses under 11 U.S.C. § 503(b) subject to Court approval and local “no-look” fee guidelines.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable. Nothing herein creates an indemnity obligation of the Debtor’s Bankruptcy Estate.
7.2 Liability Cap. Debtor’s liability to unsecured creditors is limited to the disposable-income commitment embodied in confirmed Plan payments, subject to modification under 11 U.S.C. § 1329.
7.3 Force Majeure / Hardship Discharge. Debtor may seek a hardship discharge under 11 U.S.C. § 1328(b) if failure to complete Plan payments is due to circumstances beyond Debtor’s control and not attributable to Debtor’s fault.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Petition, the Plan, and any related disputes shall be governed exclusively by the Bankruptcy Code, FRBP, and applicable federal law.
8.2 Forum Selection. Sole and exclusive jurisdiction lies with the U.S. Bankruptcy Court for the [Eastern/Western] District of Washington.
8.3 Arbitration. Not available.
8.4 Jury Waiver. To the extent any matter is determined to be non-core and subject to trial by jury, Debtor hereby consents to the bankruptcy court conducting the jury trial pursuant to 28 U.S.C. § 157(e), subject to the Court’s discretion.
8.5 Injunctive Relief. The automatic stay under 11 U.S.C. § 362 constitutes statutory injunctive relief. Parties may seek additional injunctive or equitable relief from the Court as permitted by law.
9. GENERAL PROVISIONS
9.1 Amendments & Modifications. This Petition and the Plan may be amended in accordance with FRBP 1009 (petition/schedules) and FRBP 3015 (plans).
9.2 Assignment. Rights or obligations hereunder are not assignable by Debtor except as expressly set forth in the Plan or by Court order.
9.3 Successors. The provisions hereof bind the Bankruptcy Estate and inure to the benefit of its successors, the Trustee, and confirmed Plan creditors.
9.4 Severability. If any provision herein is found unenforceable, the remaining provisions shall remain in full force to the maximum extent permissible.
9.5 Integration. This Petition, together with the Schedules, Statements, and Plan, constitutes the entire agreement between Debtor and the Bankruptcy Estate concerning the subject matter herein.
9.6 Electronic Signatures. Signatures transmitted via electronic filing (CM/ECF) or compliant e-signature platforms have the same force and effect as original signatures for all purposes under FRBP 5005 and LBR 5005-1.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Debtor has executed this Petition as of the date set forth below and authorizes counsel to file the same electronically.
Debtor: ____ Date: _
Print Name: ____
Joint Debtor (if any): ____ Date: __
Print Name: _________
Attorney for Debtor: _____ Date: __
[Attorney Name], WSBA No. [____]
[Firm Name]
[Address] | [Phone] | [Email]
NOTARY ACKNOWLEDGMENT
State of Washington )
County of __ ) ss.
On this ___ day of _, 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared _______, known to me or proved on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notarial seal the day and year first above written.
Notary Public in and for the State of Washington
My commission expires: _______
[// GUIDANCE:
1. Insert district-specific local rule citations (e.g., W.D. Wash. LBR 3015-1) once confirmed.
2. Confirm current unsecured and secured debt caps under § 109(e) (periodically adjusted).
3. Attach proposed Plan and payment schedule as Exhibit A; attach list of creditors as Exhibit B.
4. Ensure all Personally Identifiable Information (PII) is redacted per FRBP 9037 prior to filing.
5. Verify Trustee’s preferred payment methods and Plan provisions by reviewing current Trustee website guidelines (e.g., wage deduction, TFSBillPay).]