CHAPTER 13 BANKRUPTCY PETITION & PLAN

United States Bankruptcy Court – [NORTHERN / SOUTHERN] District of West Virginia
Case No.: [_______]
In re: [DEBTOR NAME] and, if applicable, [JOINT DEBTOR NAME] (the “Debtor(s)”)

Effective Date: __, 20___

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

[// GUIDANCE: All Official Bankruptcy Forms (e.g., 101, 106, 122C-1/2, 113) MUST still be completed and filed. This integrated template supplements—not replaces—those forms, weaving statutory certifications, local-rule compliance, and trustee-specific procedures into one court-ready instrument.]

1. DOCUMENT HEADER

1.1 Caption and Court.
United States Bankruptcy Court for the [NORTHERN / SOUTHERN] District of West Virginia, Chapter 13 case.

1.2 Parties.
a. Debtor: [DEBTOR FULL LEGAL NAME], SSN-last-four [_].
b. Joint Debtor (if any): [JOINT DEBTOR FULL LEGAL NAME], SSN-last-four [_].
c. Chapter 13 Trustee: Automatically appointed pursuant to 11 U.S.C. § 1302 (the “Trustee”).

1.3 Recitals.
A. Debtor(s) desire to obtain relief under Chapter 13 of Title 11 of the United States Code (the “Bankruptcy Code”) and hereby submit this Petition & Plan in conformity with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure (“FRBP”), and the Local Bankruptcy Rules of the Northern and Southern Districts of West Virginia (collectively, the “Local Rules”).
B. Debtor(s) seek confirmation of this Plan under 11 U.S.C. § 1325 and intend to consummate all obligations herein.

2. DEFINITIONS

For ease of reference, the following capitalized terms have the meanings set forth below. Defined terms apply equally to their singular and plural forms.

“Allowed Claim” – A claim against the Estate (as defined below) that (i) is scheduled as undisputed, non-contingent, and liquidated; or (ii) has been filed and either (a) properly served and not objected to, or (b) allowed by Court order.

“Automatic Stay” – The injunction imposed by 11 U.S.C. § 362(a) upon the Petition Date that prohibits certain collection activities.

“Bankruptcy Code” – Title 11 of the United States Code, 11 U.S.C. §§ 101–1532.

“Bankruptcy Court” or “Court” – The United States Bankruptcy Court for the [NORTHERN / SOUTHERN] District of West Virginia exercising jurisdiction over this case.

“Confirmation Date” – The date on which the Court enters an order confirming the Chapter 13 Plan under 11 U.S.C. § 1325.

“Estate” – The estate created pursuant to 11 U.S.C. § 541 upon the commencement of this case.

“Petition Date” – The date on which the voluntary petition is filed with the Clerk of the Bankruptcy Court.

“Plan Payment” – The sum of $[AMOUNT] per [WEEK / BI-WEEK / MONTH] to be paid by Debtor(s) to the Trustee commencing no later than 30 days after the Petition Date as required by 11 U.S.C. § 1326(a)(1).

“Secured Creditor,” “Priority Creditor,” and “Unsecured Creditor” – Creditors whose claims are classified under 11 U.S.C. §§ 506, 507, and 1322, respectively.

“Trustee Percentage Fee” – The statutory fee authorized under 28 U.S.C. § 586(e) applied to disbursements by the Trustee.

3. OPERATIVE PROVISIONS

3.1 Voluntary Petition & Jurisdiction.
a. Debtor(s) file this voluntary petition pursuant to 11 U.S.C. § 301.
b. Venue and eligibility are proper under 28 U.S.C. § 1408 and 11 U.S.C. § 109(e).
c. The Court shall retain exclusive jurisdiction over all matters arising under or related to this case.

3.2 Chapter 13 Plan Structure.
a. Length: [36 / 60] months, unless completed sooner pursuant to 11 U.S.C. § 1325(b)(4).
b. Plan Payments: Debtor(s) shall remit Plan Payments in the amount and frequency stated in Section 2, subject to adjustment as provided herein.
c. Distribution Waterfall (subject to Trustee Percentage Fee):
i. Adequate protection payments to Secured Creditors per FRBP 1007(b)(3)(A).
ii. Trustee administrative expenses.
iii. Allowed Priority Claims.
iv. Allowed Secured Claims.
v. Allowed Non-Priority Unsecured Claims pro rata.

3.3 Wage-Deduction Order.
Debtor(s) authorize the Trustee to submit, and the Court to enter, an Income Deduction Order directing [EMPLOYER NAME] to withhold Plan Payments from Debtor(s)’ wages, subject to Local Rule procedures.

3.4 Collateral Valuation & Interest.
Secured Claims shall be valued pursuant to 11 U.S.C. § 506(a). Interest shall accrue at [___]% or such rate as determined at Confirmation.

3.5 Automatic Stay Preservation.
Unless otherwise ordered, the Automatic Stay remains in full force and effect until dismissal, conversion, or case closure.

3.6 Post-Petition Obligations.
Debtor(s) shall remain current on all post-petition domestic-support obligations and direct-pay mortgage installments.

4. REPRESENTATIONS & WARRANTIES

4.1 Eligibility.
Debtor(s) represent that non-contingent, liquidated, unsecured debts are less than $465,275 and secured debts are less than $1,395,875 as of the Petition Date, thereby satisfying 11 U.S.C. § 109(e).

4.2 Accuracy of Schedules.
Debtor(s) warrant that all Schedules, Statements, and the Means Test (Official Form 122C-1/2) are true, correct, and complete to the best of their knowledge, information, and belief.

4.3 Tax Filings.
Debtor(s) have filed all tax returns required under federal and state law for the four-year period preceding the Petition Date or will file same within 14 days, in compliance with 11 U.S.C. § 1308.

4.4 Good-Faith Filing.
Debtor(s) declare that this Petition & Plan is proposed in good faith and not by any means forbidden by law, satisfying 11 U.S.C. § 1325(a)(3).

[// GUIDANCE: If prior bankruptcy cases exist within the past 8 years, insert additional representation addressing serial-filing rules and Local Rule disclosures.]

5. COVENANTS & RESTRICTIONS

5.1 Ongoing Cooperation.
Debtor(s) shall provide the Trustee with (i) annual tax returns, (ii) updated pay advices upon request, and (iii) proof of insurance on all collateralized property.

5.2 No Additional Debt.
Absent Court approval, Debtor(s) shall not incur post-petition credit exceeding $1,000 except for emergency medical care.

5.3 Asset Disposition.
Debtor(s) shall not sell, transfer, or otherwise dispose of property of the Estate outside the ordinary course of business without Court authorization under 11 U.S.C. § 363.

5.4 Plan Modification Reporting.
Within 30 days of any material change in income or expenses, Debtor(s) shall file amended Schedules I & J and, if necessary, a Modified Plan pursuant to FRBP 3015-2.

6. DEFAULT & REMEDIES

6.1 Payment Default.
a. Event of Default: Failure to make any Plan Payment within 30 days of its due date.
b. Cure Period: 15 days after written notice from the Trustee.
c. Remedy: Absent timely cure, the Trustee may file a Certificate of Non-Compliance and serve a Motion to Dismiss.

6.2 Non-Monetary Default.
a. Event of Default: Violation of Sections 5.2 or 5.3, or failure to provide required documents.
b. Cure Period: 30 days after notice.
c. Remedy: Same as Section 6.1(c); additionally, any affected creditor may seek relief from the Automatic Stay.

6.3 Attorney Fees & Costs.
In the event of contested dismissal or conversion, reasonable attorney fees may be awarded pursuant to 11 U.S.C. § 330 and payable as an administrative expense.

7. RISK ALLOCATION

7.1 Indemnification.
Indemnification is not applicable; however, Debtor(s) acknowledge that the Trustee acts as a statutory fiduciary and is immune from personal liability absent willful misconduct.

7.2 Limitation of Liability.
Creditor recoveries are limited to the distribution provided herein and in no event exceed the amount of the Allowed Claim.

7.3 Force Majeure.
a. If Debtor(s) experience a catastrophic event (e.g., natural disaster, pandemic-related layoff) that materially impairs the ability to make Plan Payments, Debtor(s) may move for a moratorium or modified Plan under 11 U.S.C. § 1329.
b. The Automatic Stay remains in effect during the pendency of such motion unless otherwise ordered.

8. DISPUTE RESOLUTION

8.1 Governing Law.
This Petition & Plan shall be governed by the Bankruptcy Code, FRBP, and Local Rules (federal law).

8.2 Exclusive Forum.
The Bankruptcy Court for the [NORTHERN / SOUTHERN] District of West Virginia shall have sole jurisdiction over all matters arising in or related to this case.

8.3 Arbitration.
Arbitration is unavailable; all disputes shall be resolved by the Court.

8.4 Jury Trial.
To the extent a jury trial right exists, Debtor(s) consent to the Court’s limited ability to conduct a jury trial under 28 U.S.C. § 157(e), subject to any constitutional limitations.

8.5 Injunctive Relief.
The Automatic Stay under 11 U.S.C. § 362 serves as injunctive relief. The Court retains authority to issue additional injunctive orders as necessary.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers.
This Plan may be modified only by Court order pursuant to 11 U.S.C. § 1329. No informal waiver shall be valid.

9.2 Assignment.
Rights and obligations herein are personal to the Debtor(s) and may not be assigned without Court approval.

9.3 Successors & Assigns.
The rights of claim holders shall inure to any successor or assign of such claim under applicable non-bankruptcy law.

9.4 Severability.
Should any provision be unenforceable, the remaining provisions shall continue in full force, provided the essential economic terms remain viable.

9.5 Integration.
This Petition & Plan, together with all Official Forms and any Court-approved amendments, constitutes the entire agreement among Debtor(s), the Trustee, and creditors concerning the treatment of claims.

9.6 Counterparts & Electronic Signatures.
This document may be executed in multiple counterparts, including facsimile or electronic signature, each of which shall be deemed an original.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, Debtor(s) execute this Petition & Plan under penalty of perjury pursuant to 28 U.S.C. § 1746.

Counsel for Debtor(s):

[ATTORNEY NAME], Esq.
WV Bar No. [_]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

Date: __, 20___

Notary Acknowledgment (if required by Local Rule)
State of West Virginia, County of __
Subscribed and sworn before me on ____ by the above-named Debtor(s).

Notary Public
My Commission Expires: __

[// GUIDANCE:
1. Attach all mandatory Official Forms (101, 106A–J, 107, 108, 122C-1/2, 113, 2030).
2. Confirm that plan language aligns with the District’s Model Plan, if adopted.
3. Verify domestic-support certification before confirmation.
4. Serve the Plan on all creditors and the Trustee pursuant to FRBP 3015(d).
5. Calendar the § 341 Meeting of Creditors and adhere to Trustee document-delivery deadlines.]