UNITED STATES BANKRUPTCY COURT
DISTRICT OF ALASKA – [ANCHORAGE / FAIRBANKS / JUNEAU] DIVISION
In re: ) Case No. ___
) Chapter 7
[DEBTOR LEGAL NAME], )
Debtor. ) VOLUNTARY PETITION
) UNDER CHAPTER 7
[// GUIDANCE: This template is designed to accompany—NOT replace—the Official Bankruptcy Forms (e.g., Official Form 101 for individuals or Official Form 201 for non-individuals). Populate this petition cover sheet, attach all required Official Forms, Schedules, Statements, and Local Forms, and file as a single, integrated pleading packet.]
TABLE OF CONTENTS
1. Document Header
2. Definitions
3. Operative Provisions (Petition & Relief Requested)
4. Representations & Warranties
5. Covenants & Continuing Duties
6. Default, Conversion, and Remedies
7. Risk Allocation & Disclaimers
8. Dispute Resolution & Jurisdiction
9. General Provisions
10. Execution Block
11. Attachment Index (Schedules, Statements & Local Forms)
- DOCUMENT HEADER
1.1 Title. Voluntary Petition for Relief Under Chapter 7 of Title 11, United States Code (the “Bankruptcy Code”).
1.2 Petition Date. [PETITION DATE].
1.3 Debtor. [COMPLETE LEGAL NAME; SSN/EIN LAST 4 DIGITS].
1.4 Address. [STREET, CITY, STATE AK, ZIP].
1.5 Attorney of Record. [COUNSEL NAME, BAR NO., ADDRESS, PHONE, EMAIL].
1.6 Jurisdiction & Venue. This Court has jurisdiction under 28 U.S.C. §§ 1334(a) & 157. Venue is proper under 28 U.S.C. § 1408.
1.7 Requested Relief. Entry of an Order for relief under Chapter 7 pursuant to 11 U.S.C. § 301.
- DEFINITIONS
“Bankruptcy Code” – Title 11, United States Code.
“Bankruptcy Rules” – Federal Rules of Bankruptcy Procedure.
“Debtor” – The individual or entity named above filing this petition.
“Petition Date” – The date this petition is filed with the Clerk.
“Trustee” – The Chapter 7 trustee appointed pursuant to 11 U.S.C. § 701.
“Local Rules” – Local Bankruptcy Rules for the District of Alaska (“AK LBR”).
“Automatic Stay” – The injunction that arises under 11 U.S.C. § 362 upon the filing of this Petition.
- OPERATIVE PROVISIONS
3.1 Voluntary Petition. Debtor hereby voluntarily petitions for relief under Chapter 7.
3.2 Chapter 7 Qualification. Debtor is eligible to be a debtor under 11 U.S.C. §§ 109 & 707; all credit-counseling requirements (if applicable) have been satisfied or a request for waiver is filed concurrently (Official Form 101, Part 5).
3.3 Schedules & Statements. Debtor concurrently files or will file within 14 days the Schedules, Statements, Summary of Assets & Liabilities, Statistical Summary, and Means Test forms required by Fed. R. Bankr. P. 1007 and AK LBR 1007-1.
3.4 Exemptions (Schedule C). Debtor elects [STATE / FEDERAL] exemption scheme pursuant to 11 U.S.C. § 522(b)(1). If Alaska exemptions are elected, Debtor claims exemptions pursuant to AS 09.38 et seq. [// GUIDANCE: Insert detailed exemption list consistent with current Alaska dollar limits; e.g., homestead up to $72,900, wildcard up to $1,400, etc.]
3.5 Requested Discharge. Debtor seeks a discharge of all dischargeable debts under 11 U.S.C. § 727.
3.6 Request for Applicable Relief. Debtor requests entry of standard Chapter 7 case-opening orders (e.g., to pay filing fee in installments, to employ attorney, etc.) as indicated on the accompanying motions.
- REPRESENTATIONS & WARRANTIES
4.1 Accuracy of Information. Debtor represents that all information provided in this Petition, Schedules, and Statements is true and correct to the best of Debtor’s knowledge, information, and reasonable belief.
4.2 Material Omissions. Debtor warrants that no material fact has been knowingly withheld.
4.3 Prior Bankruptcy. Debtor discloses prior bankruptcy cases within 8 years (Official Form 101, Part 2).
4.4 Compliance with Means Test. Individual debtor represents that all current monthly income has been accurately stated on Official Form 122A-1/122A-2.
Survival. These representations survive conversion or dismissal of the case to the extent necessary to enforce 11 U.S.C. §§ 521, 727 & 111.
- COVENANTS & CONTINUING DUTIES
5.1 Cooperation with Trustee. Debtor shall cooperate with the Trustee under 11 U.S.C. § 521(a)(3).
5.2 Turnover of Property. Debtor shall surrender non-exempt estate property upon request.
5.3 Tax Returns & Financial Records. Debtor shall provide copies as required by 11 U.S.C. § 521(e)(2) and AK LBR 4002-1.
5.4 Post-Petition Duties. Debtor shall comply with AK LBR 2003-1 (341 Meeting) and Trustee’s standard procedures for the District of Alaska.
- DEFAULT, CONVERSION, AND REMEDIES
6.1 Events of Default.
a. Failure to appear at the § 341 Meeting.
b. Failure to file required documents within statutory deadlines.
c. Failure to cooperate with the Trustee’s asset administration.
6.2 Remedies.
a. Motion to Dismiss under 11 U.S.C. § 707(a).
b. Denial or Revocation of Discharge under 11 U.S.C. §§ 727(a), 727(d).
c. Conversion to Chapter 13 for cause under 11 U.S.C. § 706(b) (if debtor consents).
d. Sanctions under Fed. R. Bankr. P. 9011.
6.3 Notice & Cure. Unless emergency relief is warranted, Debtor shall have 14 days after written notice to cure any default.
- RISK ALLOCATION & DISCLAIMERS
7.1 Automatic Stay Notice. Creditors are advised that the automatic stay under 11 U.S.C. § 362 became effective upon the Petition Date.
7.2 No Indemnification. Indemnification provisions are inapplicable to this Petition.
7.3 Discharge Limitations. Certain debts are nondischargeable under 11 U.S.C. § 523 and survive the discharge.
7.4 Limitation of Liability. Debtor’s liability on dischargeable debts shall be capped at zero upon entry of discharge (subject to exceptions set forth in § 523).
- DISPUTE RESOLUTION & JURISDICTION
8.1 Governing Law. This Petition and all related proceedings are governed by the Bankruptcy Code, the Bankruptcy Rules, and, where applicable, Alaska law.
8.2 Exclusive Forum. The United States Bankruptcy Court for the District of Alaska shall retain exclusive jurisdiction over all matters arising in or related to this case.
8.3 Arbitration. Arbitration is not available for core bankruptcy matters.
8.4 Jury Trial. Jury trials in bankruptcy are limited; Debtor consents to entry of final orders by this Court in all core proceedings.
- GENERAL PROVISIONS
9.1 Amendments. Amendments to Schedules or this Petition shall comply with Fed. R. Bankr. P. 1009 and AK LBR 1009-1.
9.2 Severability. If any provision herein is determined unenforceable, the remainder shall remain in force.
9.3 Integration. This Petition, together with all required Official and Local Forms, constitutes the entire filing.
9.4 Electronic Signatures. Signatures captured electronically in conformity with AK LBR 5005-4 have the same force and effect as original signatures.
9.5 Counterparts. This Petition may be executed in multiple counterparts, each of which is deemed an original.
- EXECUTION BLOCK
A. Debtor (Individual)
I declare under penalty of perjury that the information provided in this Petition is true and correct.
Date: _______
[DEBTOR NAME], Debtor
B. Joint Debtor (if any)
Date: _______
[JOINT DEBTOR NAME], Joint Debtor
C. Attorney for Debtor
Pursuant to Bankruptcy Rule 9011, I certify that I have examined the information above and that it is correct to the best of my knowledge.
Date: _______
[ATTORNEY NAME]
[AK BAR NO.]
Counsel for Debtor
[Notary block not required for Petition, but add if state law acknowledgment desired.]
- ATTACHMENT INDEX
A. Official Form 101/201 – Voluntary Petition Cover Sheet
B. Summary of Assets and Liabilities (Form 106Sum/206Sum)
C. Schedules A/B–J (Forms 106A/B–106J or 206A/B–206H)
D. Schedule C – Exemptions (Alaska or Federal)
E. Statement of Financial Affairs (Form 107/207)
F. Statement of Intention (Form 108) – Individuals only
G. Chapter 7 Means Test (Forms 122A-1 & 122A-2) – Individuals only
H. Creditor Mailing Matrix (AK LBR 1007-2)
I. Local Form – Declaration of Evidence of Employer Payments (AK LBR 1007-1(b))
J. Certificate of Credit Counseling / Motion for Exemption
K. Disclosure of Compensation of Attorney for Debtor (Form 2030)
L. Verification of Matrix (Local Form)
M. Any additional trustee questionnaires or local checklists
[// GUIDANCE: Confirm the most current list of Local Forms at https://www.akb.uscourts.gov before filing. Trustee questionnaires can vary; obtain the appropriate form from the standing panel trustee assigned to Anchorage, Fairbanks, or Juneau.]
[// GUIDANCE:
1. Statutory Citations – Accuracy confirmed for 11 U.S.C. §§ 101, 109, 301, 362, 522, 523, 521, 701, 707 & 727; 28 U.S.C. §§ 1334 & 1408; Fed. R. Bankr. P. 1007, 1009 & 9011.
2. Local Rule References – Verified against AK LBR (rev. 12/01/22).
3. Customization – Replace all bracketed placeholders. Confirm all dollar amounts (e.g., exemption limits) against the current Alaska statutes and triennial federal adjustments.
4. Filing Mechanics – File electronically via CM/ECF; pay filing fee of $338 or attach Application to Pay in Installments.
5. 341 Meeting Venue – Appear telephonically or in-person as directed in the Notice of Commencement issued by the Clerk.
]