UNITED STATES BANKRUPTCY COURT

DISTRICT OF WYOMING

CHAPTER 13 VOLUNTARY PETITION, SCHEDULES, STATEMENTS & PLAN

(Comprehensive Attorney Drafting Template – Wyoming)

[// GUIDANCE: This single “Master Petition Package” is designed to let counsel gather all information necessary to complete the Official Bankruptcy Forms (e.g., OF 101, 106-series, 107, 122C-1/2, 113) while simultaneously satisfying the local requirements of the United States Bankruptcy Court for the District of Wyoming (“WY-Bkr”). Populate every [PLACEHOLDER] thoroughly; omit brackets once finalized. Citations are included only where certain and foundational.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions (Petition & Plan Summary)
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Attachments / Exhibits Checklist

1. DOCUMENT HEADER

1.1 Title. “Voluntary Petition for Individuals Filing for Bankruptcy Under Chapter 13 of Title 11, United States Code, with Integrated Schedules, Statements, and Chapter 13 Plan.”

1.2 Parties.
(a) Debtor 1: [FULL LEGAL NAME], last 4 of SSN: [XXXX], Address: [STREET, CITY, ZIP, COUNTY], Phone: [--_], Email: [_].
(b) Debtor 2 (if joint case): [FULL LEGAL NAME], last 4 of SSN: [XXXX], Address: same / other, Phone: [ ], Email: [ ].
(c) Attorney for Debtor(s): [LAW FIRM NAME], WY Bar No. [__], Address, Phone, Email.
(d) Standing Chapter 13 Trustee: [NAME OF TRUSTEE] (currently Mark D. Miller), Address, Phone, Email.

1.3 Court & Jurisdiction. United States Bankruptcy Court, District of Wyoming (“Court”). Case No. ______ (to be assigned by Clerk upon filing).

1.4 Petition Date & Effective Date. [MM/DD/YYYY] (“Petition Date”). All references to “Effective Date” mean the date the Court enters an order confirming the Chapter 13 Plan.

1.5 Governing Law. Title 11, United States Code, §§ 101 et seq. (“Bankruptcy Code”) and the Federal Rules of Bankruptcy Procedure (“FRBP”), supplemented by the Local Bankruptcy Rules for the District of Wyoming (“WY-LBR”).

2. DEFINITIONS

The following terms, when capitalized, have the meanings set forth below; undefined terms have the meanings given in the Bankruptcy Code or FRBP.

“Automatic Stay” – The injunction imposed by 11 U.S.C. § 362 upon filing the Petition.
“Case” – The above-captioned Chapter 13 bankruptcy proceeding.
“Chapter 13 Plan” or “Plan” – The repayment plan submitted under 11 U.S.C. § 1321, in the form of Official Form 113 as modified by WY-LBR 3015-1 requirements.
“Claim” – As defined in 11 U.S.C. § 101(5).
“Confirmation Order” – The order of the Court confirming the Plan under 11 U.S.C. § 1325.
“Debtor(s)” – Collectively, Debtor 1 and, if applicable, Debtor 2.
“Disposable Income” – Income determined under 11 U.S.C. § 1325(b)(2) & (3).
“Petition Package” – This document and all required Official Forms, schedules, statements, certificates, and exhibits.
“Trustee” – The duly-appointed Standing Chapter 13 Trustee for the District of Wyoming.

3. OPERATIVE PROVISIONS

3.1 Voluntary Petition & Request for Relief. Debtor(s) hereby commence this Case and request the relief provided for under Chapter 13 of the Bankruptcy Code.

3.2 Eligibility. Debtor(s) represent they qualify for Chapter 13 relief pursuant to 11 U.S.C. § 109(e) (secured debts <$1,395,875 and unsecured debts <$465,275 as periodically adjusted).

3.3 Chapter 13 Plan Summary.
a. Plan Term: [36 / 60] months from the first payment due under FRBP 3015(b).
b. Monthly Plan Payment: $[_] paid to Trustee commencing [MM/DD/YYYY].
c. Treatment of Claims:
• Administrative (Trustee fees, attorney fees).
• Secured: [CREDITOR NAME] – collateral description – interest rate [%].
• Priority: Domestic support obligations, taxes.
• General Unsecured: projected dividend [%] % or $[__], whichever is greater, satisfying the “best interest of creditors” test of 11 U.S.C. § 1325(a)(4).
d. Special Provisions (local form “Non-Standard Provisions”): e.g., lien avoidance under § 522(f), treatment of arrears, surrender of collateral, vesting of property at confirmation or discharge.

[// GUIDANCE: WY-LBR 3015-1 requires non-standard provisions to be clearly labeled in Section 8 of Official Form 113. Replicate that formatting verbatim in the final Plan.]

3.4 Conditions Precedent.
a. Credit Counseling. Debtor(s) completed an approved credit counseling course within 180 days pre-petition and attach the certificate (11 U.S.C. § 109(h)).
b. Pre-petition Tax Returns. Debtor(s) have provided the Trustee with the last four (4) years of federal and state tax returns or transcripts per 11 U.S.C. § 521(e)(2)(A).

3.5 Conditions Subsequent. Confirmation of the Plan and entry of the Confirmation Order.

4. REPRESENTATIONS & WARRANTIES

4.1 Accuracy of Information. All information contained in the schedules, statements, and Plan is true, correct, and complete to the best of Debtor(s)’ knowledge, information, and belief.

4.2 Good-Faith Filing. The Petition and Plan are filed in good faith and not for any improper purpose (11 U.S.C. § 1325(a)(3)).

4.3 Disposable Income Commitment. Debtor(s) will contribute all projected Disposable Income to the Plan for the applicable commitment period (11 U.S.C. § 1325(b)(1)(B)).

4.4 No Prior Discharge Bar. Debtor(s) have not received a discharge in a Chapter 13 case filed within two years or a Chapter 7, 11, or 12 case filed within four years (11 U.S.C. § 1328(f)).

4.5 Residency. Debtor(s) have resided, or had a domicile, in the District of Wyoming for the greater portion of the 180-day period preceding the Petition Date (28 U.S.C. § 1408).

4.6 Survival. The representations and warranties herein survive dismissal or conversion of the Case to the extent necessary to determine rights of parties in interest.

5. COVENANTS & RESTRICTIONS

5.1 Plan Payments. Debtor(s) shall make timely plan payments to the Trustee by (i) payroll deduction order, or (ii) electronic transfer (TFS/similar) if self-employed.

5.2 Post-Petition Obligations. Debtor(s) shall remain current on:
a. Domestic support obligations;
b. Post-petition taxes;
c. Direct-pay mortgage or vehicle obligations treated outside the Plan.

5.3 Insurance & Collateral Protection. Debtor(s) must maintain insurance on all property subject to a security interest until the underlying Claim is paid in full.

5.4 Tax Refunds. All federal and state tax refunds exceeding $[___] annually shall be turned over to the Trustee as additional Plan payments unless otherwise provided in Section 8 of the Plan.

5.5 Notification of Changes. Debtor(s) shall notify the Trustee and applicable creditors of any material change in financial circumstances within 14 days.

5.6 Prohibition on Additional Debt. Debtor(s) shall not incur credit or debt over $1,000 without Court approval, except for emergency medical expenses.

6. DEFAULT & REMEDIES

6.1 Events of Default.
a. Failure to make a Plan payment within ten (10) days of its due date;
b. Failure to file required tax returns;
c. Failure to maintain required insurance;
d. Material misstatement or omission in schedules or statements;
e. Failure to comply with any order of the Court or Trustee reasonable written request.

6.2 Notice & Cure. Upon occurrence of an Event of Default, the Trustee or any affected creditor shall give written notice to Debtor(s) and counsel. Debtor(s) have fourteen (14) days to cure monetary defaults and thirty (30) days to cure non-monetary defaults unless the Court orders otherwise.

6.3 Remedies. If uncured, the Trustee or creditor may move for:
a. Dismissal of the Case under 11 U.S.C. § 1307(c);
b. Conversion to Chapter 7;
c. Relief from the Automatic Stay;
d. Other equitable relief as the Court deems appropriate.

6.4 Attorney Fees & Costs. Reasonable attorney’s fees and costs incurred by prevailing parties in enforcing Plan terms shall be allowed as administrative expenses under 11 U.S.C. § 503(b).

7. RISK ALLOCATION

7.1 Indemnification. Not applicable per metadata; no party shall owe indemnity obligations under this Petition Package.

7.2 Limitation of Liability. The liability of Debtor(s) to unsecured creditors is capped at the amounts payable under the confirmed Plan, subject to modification and post-petition earnings provisions of 11 U.S.C. § 1329.

7.3 Force Majeure. Debtor(s) may seek Plan modification under 11 U.S.C. § 1329 upon material adverse changes in financial condition arising from circumstances beyond their control (e.g., serious illness, natural disaster).

8. DISPUTE RESOLUTION

8.1 Governing Law. Federal Bankruptcy Code and related federal law; to the extent federal law incorporates non-bankruptcy law, Wyoming state law governs.

8.2 Exclusive Forum. All disputes arising under or related to this Case shall be adjudicated exclusively by the United States Bankruptcy Court for the District of Wyoming.

8.3 Arbitration. Not available (see metadata).

8.4 Jury Trial. To the extent a right to trial by jury exists, Debtor(s) acknowledge the limited jury availability in bankruptcy courts and expressly consent to the Court’s determination of all “core” matters under 28 U.S.C. § 157(b).

8.5 Injunctive Relief. Parties acknowledge the continuing effect of the Automatic Stay under 11 U.S.C. § 362 and any additional injunctive provisions contained in a confirmed Plan or Court order.

9. GENERAL PROVISIONS

9.1 Amendments & Modifications.
a. Pre-Confirmation amendments to the Plan require notice to the Trustee and all creditors per FRBP 3015(c) and WY-LBR procedures.
b. Post-Confirmation modifications governed by 11 U.S.C. § 1329 and FRBP 3015(h).

9.2 Assignment. Rights and obligations of Debtor(s) under the Plan are personal and non-assignable.

9.3 Successors & Assigns. Plan provisions bind all creditors, successors, assigns, and representatives of the Debtor(s) and the estate.

9.4 Severability. If any provision of the Plan is determined unenforceable, the remaining provisions shall remain in full force unless the Court orders otherwise.

9.5 Integration. The confirmed Plan, together with the Petition Package, constitutes the entire agreement among the parties concerning the restructuring of Debtor(s)’ obligations and supersedes all prior proposals.

9.6 Electronic Signatures. Signatures captured via approved electronic filing protocols (e.g., CM/ECF or local DocuSign procedures permitted by WY-Bkr GO 2020-03) are deemed original signatures for all purposes.

10. EXECUTION BLOCK

Debtor 1: _____ Date: ___
Debtor 2: ____ Date: ______

Attorney for Debtor(s):

[NAME], WY Bar No. [_]
Date: ______

Verification of Debtor(s)

I/We declare under penalty of perjury that the information provided in this Petition Package is true and correct.

Debtor 1 (signature) Debtor 2 (signature, if any)

Notary (if required for local plan signatures)
State of __ )
County of __ ) ss.
Subscribed and sworn before me this ___ day of ____, 20__.

Notary Public
My Commission Expires: ______

11. ATTACHMENTS / EXHIBITS CHECKLIST

[// GUIDANCE: File each exhibit as a separate PDF with the official form title in the CM/ECF event list. Local rule cross-references included for attorney convenience.]

A. Official Form 101 – Voluntary Petition (prefill using Sections 1–4 above)
B. Summary of Assets & Liabilities (Official Form 106Sum)
C. Schedules A/B–J (Official Forms 106A/B through 106J-2)
D. Declaration About Individual Debtor’s Schedules (Official Form 106Dec)
E. Statement of Financial Affairs (Official Form 107)
F. Chapter 13 Statement of Current Monthly Income & Calculation of Commitment Period (Official Form 122C-1)
G. Chapter 13 Calculation of Disposable Income (Official Form 122C-2)
H. Chapter 13 Plan (Official Form 113, Wyoming version)
I. Certificate of Credit Counseling (11 U.S.C. § 109(h))
J. Pay Advices Cover Sheet & Documentation (11 U.S.C. § 521(a)(1)(B)(iv))
K. Record of Notice to Domestic Support Obligation Holders (if applicable)
L. Debtor’s Declaration Regarding Tax Returns Provided to Trustee (WY-LBR 4002-1)
M. Means-Test Exemption Statement (if applicable)
N. Application to Pay Filing Fee in Installments or Waiver (Official Forms 103A/103B), if needed
O. Proposed Wage Deduction Order (Local Form)
P. Certificate of Service for Plan & Notice of Hearing (WY-LBR 3015-1)

[// GUIDANCE: Upon completion, review for consistency of defined terms, verify all numerical cross-references, and confirm compliance with any recent WY-Bkr General Orders or standing trustee guidelines (e.g., tax-refund turnover thresholds, wage-order protocols). Always run the petition through the latest version of Best Case, CINcompass, or similar bankruptcy software to ensure every official form field populates correctly before ECF upload.]