VOLUNTARY PETITION & CHAPTER 13 PLAN
United States Bankruptcy Court – [Eastern / Western] District of Wisconsin
Effective Date: [MM/DD/YYYY]
[// GUIDANCE: This template is not a substitute for the Official Bankruptcy Forms (Official Forms 101, 106-A–J, 107, 113, etc.). It is a comprehensive drafting aid designed to help counsel collect, organize, and present all information the clerk, chapter 13 trustee, and judge will expect under the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure (“FRBP”), and Wisconsin Local Bankruptcy Rules (“LBR”). Populate the bracketed placeholders, then transcribe the final, client-approved text into the requisite official PDF/e-filing formats.]
TABLE OF CONTENTS
- DOCUMENT HEADER
- DEFINITIONS
- OPERATIVE PROVISIONS
3.1 Petition Information
3.2 Chapter 13 Plan Terms - REPRESENTATIONS & WARRANTIES
- COVENANTS & RESTRICTIONS
- DEFAULT & REMEDIES
- RISK ALLOCATION
- DISPUTE RESOLUTION
- GENERAL PROVISIONS
- EXECUTION BLOCK
1. DOCUMENT HEADER
1.1 Parties.
(a) Debtor(s): [DEBTOR FULL LEGAL NAME(S)] (“Debtor”).
(b) Counsel: [LAW FIRM NAME] (“Counsel”).
(c) Trustee: [STANDING CHAPTER 13 TRUSTEE NAME] (“Trustee”).
1.2 Jurisdiction & Statutory Authority.
This voluntary petition (the “Petition”) is filed under 11 U.S.C. §§ 301, 302, and 1301–1330 (the “Bankruptcy Code”) and FRBP 1007. The accompanying Chapter 13 plan (the “Plan”) is filed pursuant to 11 U.S.C. § 1321 and conforms to FRBP 3015 and applicable Wisconsin LBR [3015-X] (collectively, the “Local Rules”).
1.3 Venue.
Venue lies in this District under 28 U.S.C. § 1408.
1.4 Automatic Stay.
Pursuant to 11 U.S.C. § 362, the filing of this Petition operates as a stay of most collection activity.
2. DEFINITIONS
For purposes of the Petition and Plan, capitalized terms have the meanings set forth below. Defined terms appear alphabetically and cross-reference the relevant Article or Section in which they first appear.
“Administrative Claim” – A claim entitled to priority under 11 U.S.C. § 503(b); see § 3.2.4.
“Allowed Claim” – A claim allowed under 11 U.S.C. § 502 or by final court order.
“Disposable Income” – Debtor’s current monthly income less amounts reasonably necessary for Debtor’s maintenance and support, calculated under 11 U.S.C. §§ 101(10A) & 1325(b)(2).
“Petition Date” – The date the Clerk of Court receives this Petition (see § 3.1).
“Plan Term” – The period of [36 / 60] consecutive months beginning on the first day of the month after the Petition Date (see § 3.2.1).
“Secured Claim” – A claim secured by a lien on property of the estate per 11 U.S.C. § 506(a).
“Trustee Procedures” – The standing trustee’s published guidelines, including distribution order and document delivery requirements.
[// GUIDANCE: Add additional defined terms as needed for atypical assets (e.g., farmland), non-standard claim treatment, or business debtors.]
3. OPERATIVE PROVISIONS
3.1 Petition Information
3.1.1 Nature of Debtor.
☐ Individual ☐ Married, filing jointly ☐ Married, filing separately
3.1.2 Prior Bankruptcy Cases (last 8 years).
Case No. [_] District [_] Date Filed [MM/DD/YYYY].
3.1.3 Credit Counseling.
Certificate of credit counseling completed on [MM/DD/YYYY] and attached per 11 U.S.C. § 521(b).
3.1.4 Assets & Liabilities (summary).
(a) Total assets: $[_] (b) Total liabilities: $[_]
(c) Secured debt: $[_] (d) Unsecured priority debt: $[_] (e) Unsecured non-priority debt: $[__]
[// GUIDANCE: Figures must match Schedules A/B, D, E/F.]
3.2 Chapter 13 Plan Terms
3.2.1 Plan Length & Payments.
(a) Commitment Period: [36 / 60] months.
(b) Payment Amount: $[__] per month to Trustee (to be paid by ☒ wage deduction order ☐ direct ACH).
(c) First Payment Due: No later than 30 days after Petition Date per 11 U.S.C. § 1326(a)(1).
3.2.2 Treatment of Claims.
(a) Administrative Claims – Paid in full before or concurrent with Secured Claims.
(b) Secured Claims – Paid with []% interest; collateral description and valuation listed in Schedule D and confirmed in § 3.2.6.
(c) Priority Unsecured Claims – Paid in full pursuant to 11 U.S.C. § 1322(a)(2).
(d) General Unsecured Claims – Pro rata distribution of no less than [] % or $[__], whichever is greater, yielding not less than the hypothetical Chapter 7 liquidation dividend per 11 U.S.C. § 1325(a)(4).
3.2.3 Executory Contracts & Unexpired Leases.
(a) Assumed: [List]
(b) Rejected: [List] – Rejection damages to be treated as general unsecured claims.
3.2.4 Domestic Support Obligations (“DSO”).
Debtor will remain current on all post-petition DSO; pre-petition arrears listed in Schedule E/F shall be paid in full through the Plan.
3.2.5 Lien Retention & Avoidance.
(a) Mortgage Lien Retention – Holders retain liens until underlying debt is paid per § 3.2.2(b).
(b) Avoidable Liens – Debtor moves to avoid judicial liens under 11 U.S.C. § 522(f) on the following property: [Describe].
3.2.6 Valuation of Collateral.
Creditor [_] – Collateral [_] – Petition value $[_] – Secured portion $[_].
3.2.7 Tax Returns & Refunds.
Debtor shall timely file all tax returns. Federal/state refunds in excess of $[__] per year shall be turned over to Trustee as supplemental Plan payments.
3.2.8 Vesting of Property of the Estate.
Property of the estate shall re-vest in Debtor upon entry of the discharge order unless otherwise ordered by the Court.
3.2.9 Plan Confirmation Contingencies (Wisconsin Specific).
(a) Compliance with LBR [3015-x];
(b) Delivery of payroll-deduction order per Trustee Procedure [¶ __];
(c) Filing of a feasible budget reflecting Wisconsin median income guidelines.
4. REPRESENTATIONS & WARRANTIES
4.1 Eligibility.
Debtor’s non-contingent, liquidated, unsecured debts do not exceed 11 U.S.C. § 109(e) limits as of the Petition Date.
4.2 Accuracy.
All Schedules, Statements, and this Plan are true and correct to the best of Debtor’s knowledge, information, and belief.
4.3 Good Faith.
This Petition and Plan are proposed in good faith and not by any means forbidden by law, satisfying 11 U.S.C. § 1325(a)(3).
4.4 Liquidation Test.
The Plan provides not less than the value that would be received in a Chapter 7 case, 11 U.S.C. § 1325(a)(4).
4.5 Feasibility.
Debtor can make all payments under the Plan using projected Disposable Income, meeting 11 U.S.C. § 1325(a)(6).
Survival. Representations herein survive dismissal or conversion unless expressly superseded by subsequent court order.
5. COVENANTS & RESTRICTIONS
5.1 Payment Covenant.
Debtor shall tender all Plan payments to Trustee in full and on time.
5.2 Post-Petition Obligations.
Debtor shall remain current on (i) domestic support, (ii) direct-pay mortgages, and (iii) post-petition taxes.
5.3 Insurance & Preservation of Collateral.
Debtor shall maintain insurance on all collateral per contractual obligations; failure constitutes material default.
5.4 Additional Debt Restriction.
Debtor shall not incur new debt exceeding $[2,500] without Trustee and Court approval, except in emergencies involving health or safety.
5.5 Reporting.
Debtor shall provide Trustee with annual tax returns and updated income statements within 14 days of filing or receipt.
5.6 Notification of Address Change.
Debtor must file notice of any address change within 7 days.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Failure to make two (2) consecutive Plan payments;
(b) Failure to remain current on post-petition DSO;
(c) Failure to supply required financial documents within 30 days of Trustee request;
(d) Material misrepresentation in the Petition, Schedules, or Plan.
6.2 Cure Period.
Upon written Trustee notice, Debtor has 21 days to cure any monetary default and 30 days for non-monetary default, unless otherwise ordered.
6.3 Trustee Remedies.
If default is uncured, Trustee may file a motion to dismiss or motion for relief from stay on behalf of secured creditors.
6.4 Graduated Consequences.
First uncured default – conditional dismissal order;
Second uncured default – case dismissed with 180-day bar to refiling under any chapter.
6.5 Attorney Fees & Costs.
Reasonable fees incurred by Counsel or Trustee in addressing default may be treated as Administrative Claims.
7. RISK ALLOCATION
7.1 Indemnification.
Not applicable; Debtor does not indemnify any party under the Plan.
7.2 Liability Cap.
Each creditor’s recovery is limited to the distributions expressly provided by the confirmed Plan.
7.3 Force Majeure.
If Debtor is unable to make Plan payments for a period exceeding 30 days due to a catastrophic event (e.g., serious illness, natural disaster), Debtor may seek a temporary suspension or modification under 11 U.S.C. § 1329.
[// GUIDANCE: Attach draft motion to modify template if your district requires contemporaneous filing.]
8. DISPUTE RESOLUTION
8.1 Governing Law.
This case is governed exclusively by the Bankruptcy Code, FRBP, and Wisconsin Local Rules.
8.2 Exclusive Forum.
Any dispute arising under or related to the Plan shall be adjudicated by the United States Bankruptcy Court for the [Eastern / Western] District of Wisconsin.
8.3 Arbitration.
Arbitration is not available for matters arising in this bankruptcy case.
8.4 Jury Waiver.
To the extent a right to jury trial exists and is not constitutionally or statutorily prohibited, Debtor knowingly waives such right for all core proceedings.
[// GUIDANCE: The bankruptcy court cannot conduct a jury trial absent district court designation; waiver simplifies administration.]
8.5 Injunctive Relief.
The automatic stay of 11 U.S.C. § 362 shall remain in effect until modified by court order or operation of law.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers.
(a) Plan modifications must comply with 11 U.S.C. § 1329 and FRBP 3015.
(b) No waiver of any provision is effective unless in a signed writing filed with the Court.
9.2 Successors & Assigns.
The rights and obligations of Debtor bind and inure to the benefit of Debtor’s successors, including a post-confirmation Chapter 13 trustee.
9.3 Severability.
If any provision is unenforceable, the remainder of the Plan remains in force, provided core economic terms are not materially altered.
9.4 Integration.
The Petition, Schedules, Statements, and this Plan constitute the entire agreement among Debtor, Trustee, and creditors as to treatment of claims.
9.5 Electronic Signatures.
Pursuant to LBR [5005-x] and the Court’s ECF Administrative Procedures, electronic signatures are acceptable and enforceable.
9.6 Duplicate Originals.
This document may be executed in multiple originals; each is deemed an original, and all constitute one instrument.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Debtor executes this Petition and Plan under penalty of perjury this ___ day of [Month], 20__.
Debtor:
[DEBTOR NAME]
Joint Debtor (if any):
[JOINT DEBTOR NAME]
Counsel for Debtor:
[ATTORNEY NAME], Bar No. [__]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Verification Pursuant to 28 U.S.C. § 1746
I declare under penalty of perjury that the foregoing is true and correct.
Executed on [MM/DD/YYYY] in [City], Wisconsin.
Notary (if required by local practice):
State of Wisconsin, County of [__]
Subscribed and sworn before me on [MM/DD/YYYY].
Notary Public, State of Wisconsin
My commission expires: [__]
[// GUIDANCE: 1) File the signed Petition, Plan, Schedules, Statement of Financial Affairs, and other required documents within 14 days of the Petition Date. 2) Serve the Plan on the matrix. 3) Calendar § 341 meeting (approx. 30–45 days post-petition) and confirmation hearing (per LBR timetable). 4) Monitor Trustee website for objections and plan payment status.]
END OF DOCUMENT