CHAPTER 7 BANKRUPTCY PETITION PACKAGE
State of Alabama – United States Bankruptcy Court
(Template for Individual Debtor; adapt as needed for joint or non-individual filings)
[// GUIDANCE: This template is designed to accompany the Official Bankruptcy Forms promulgated by the Judicial Conference (e.g., Official Forms 101, 106 series, 107, 108, 122A-1/2). It integrates Alabama-specific exemption schedules, local rule certifications, and trustee practice pointers so that counsel may prepare a single, court-ready submission. Replace every bracketed [PLACEHOLDER] with client-specific information and delete all guidance comments before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Voluntary Petition (Official Form 101)
- Core Declarations & Certifications
- Schedule Summary – Master Checklist
- Alabama Schedule C: Claim of Exemptions
- Means Test (Forms 122A-1, 122A-2)
- Creditor Matrix & Verification
- Local Rule Certifications (ALN, ALM, ALS variants)
- Trustee Compliance Statement
- Execution Block
1. DOCUMENT HEADER
Title: Voluntary Petition for Individuals Filing for Bankruptcy (Chapter 7)
Debtor: [DEBTOR FULL LEGAL NAME]
Joint Debtor (if any): [JOINT DEBTOR NAME]
Address: [STREET, CITY, COUNTY, AL ZIP]
Social Security / ITIN (last four digits only): [XXX-XX-____]
Attorney for Debtor(s): [FIRM NAME] – [BAR NO.]
Bankruptcy Court: United States Bankruptcy Court, [NORTHERN | MIDDLE | SOUTHERN] District of Alabama
Case No.: To be assigned by Clerk
Chapter: 7
Effective Filing Date: [MM/DD/YYYY]
2. DEFINITIONS
For purposes of this Petition Package:
“Bankruptcy Code” means Title 11 of the United States Code.
“Bankruptcy Rules” means the Federal Rules of Bankruptcy Procedure.
“Debtor” means the individual whose name appears above and, if applicable, any Joint Debtor.
“District” means the federal judicial district within Alabama where this case is filed.
“Petition Date” means the date the Clerk of Court receives the signed Voluntary Petition.
“Property of the Estate” has the meaning given in 11 U.S.C. § 541.
“Trustee” means the Chapter 7 panel trustee appointed under 11 U.S.C. § 701.
“Automatic Stay” refers to the injunctive relief arising under 11 U.S.C. § 362.
3. VOLUNTARY PETITION (OFFICIAL FORM 101)
[// GUIDANCE: Insert the current version of Official Form 101 here, retaining all original numbering. Populate every required field or mark “None” where applicable. Key Alabama-specific items are noted below.]
3.1 County of Residence or Principal Place of Business: [COUNTY, AL]
3.2 Chapter Selection: Chapter 7 (Liquidation)
3.3 Nature of Debts: [Primarily Consumer | Primarily Business | Mixed]
3.4 Statistical/Administrative Information: complete per form instructions.
4. CORE DECLARATIONS & CERTIFICATIONS
4.1 Credit Counseling Certification
• Provider: [APPROVED NON-PROFIT AGENCY]
• Date Completed: [MM/DD/YYYY] (must be within 180 days prior to Petition Date).
4.2 Employer Wage-Statement Certification
• [ ] Filed contemporaneously.
• [ ] Debtor declares no paycheck stubs received within 60 days pre-petition.
4.3 Payment Advices 60-Day Waiver Motion (if applicable)
Attach separate motion citing Bankruptcy Rule 1007(c).
4.4 Attorney Disclosure of Compensation (Form 2030)
• Flat Fee Amount: $[ ]
• Services Included: [LIST]
4.5 Certificate of Compliance with Local Rules
• Northern District (ALN) LBR 1007-1 / 1002-1
• Middle District (ALM) LBR 1007-1
• Southern District (ALS) LBR 1007-1
Mark applicable box: ☐ ALN ☐ ALM ☐ ALS
5. SCHEDULE SUMMARY – MASTER CHECKLIST
| Schedule | Official Form | Filed (Y/N) | Notes |
|---|---|---|---|
| Assets & Liabilities Summary | 106Sum | [ ] | Auto-calculates from A/B–J |
| Property (Real & Personal) | 106A/B | [ ] | |
| Alabama Exemptions | Schedule C (custom) | [ ] | Section 6 |
| Secured Claims | Schedule D | [ ] | |
| Unsecured Priority & Non-Priority | Schedule E/F | [ ] | |
| Executory Contracts & Unexpired Leases | Schedule G | [ ] | |
| Co-Debtors | Schedule H | [ ] | |
| Income | Schedule I | [ ] | |
| Expenses | Schedule J | [ ] | |
| Declaration Concerning Schedules | 106Dec | [ ] | |
| Statement of Financial Affairs | 107 | [ ] | |
| Statement of Intention | 108 | [ ] | |
| Chapter 7 Means Test | 122A-1/2 | [ ] | Section 7 |
[// GUIDANCE: All schedules must be internally cross-referenced; asset values on Schedule A/B feed directly into Summary of Assets and Liabilities, and claimed exemptions on Schedule C must match line-item descriptions and exact value entries from Schedule A/B.]
6. ALABAMA SCHEDULE C – CLAIM OF EXEMPTIONS
[// GUIDANCE: Alabama has opted out of the federal exemption scheme under 11 U.S.C. § 522(b)(2). The values below reflect statutory limits in effect on the date of this template; counsel MUST confirm current limits before filing.]
| Exemption Category | Statutory Limit (per debtor) | Asset Description | Current Value | Amount Claimed Exempt |
|---|---|---|---|---|
| Homestead (principal residence up to $[16,450] equity) | $[ ] | [STREET ADDRESS] | $[ ] | $[ ] |
| Personal Property (aggregate ≈ $[8,225]) | $[ ] | [E.G., FURNITURE, ELECTRONICS] | $[ ] | $[ ] |
| Wages (75% of disposable earnings) | Variable | Future wages | — | 75% |
| Retirement / ERISA-qualified plans | 100% | 401(k) – [INSTITUTION] | $[ ] | 100% |
| Life Insurance – unmatured / cash value | $[ ] | Policy #[ ] | $[ ] | $[ ] |
| Tools of Trade | $[ ] | [E.G., MECHANIC TOOLS] | $[ ] | $[ ] |
| Wildcard (if applicable) | $[ ] | [ANY PROPERTY] | $[ ] | $[ ] |
Declaration: “Under penalty of perjury, I claim the above-listed property as exempt under applicable Alabama law and request that the Trustee abandon any interest therein.”
Signature of Debtor: ___ Date: _____
7. MEANS TEST – FORMS 122A-1 AND 122A-2
7.1 Part 1: Median Income Comparison
• Household Size: [ ]
• Alabama Median (per DOJ chart): $[ ]
• Debtor’s Current Monthly Income (CMI): $[ ]
• Indicate: ☐ Above Median ☐ Below Median
7.2 Part 2: Calculation of Disposable Income
Insert Form 122A-2 if “Above Median.”
7.3 Statement of Presumption of Abuse
• Outcome: ☐ Presumption Arises ☐ No Presumption (explain if presumption arises).
[// GUIDANCE: If presumption arises, prepare a contemporaneous Statement of Exigent Special Circumstances per 11 U.S.C. § 707(b)(2)(B).]
8. CREDITOR MATRIX & VERIFICATION
8.1 Master Mailing Matrix attached in PDF-compatible text format.
8.2 Verification
“I, the undersigned Debtor, declare under penalty of perjury that the foregoing Master Mailing Matrix is true, correct, and complete to the best of my knowledge.”
Signature: ____ Date: _____
9. LOCAL RULE CERTIFICATIONS (DISTRICT-SPECIFIC)
Complete only the section that matches the filing district.
9.A Northern District (ALN) LBR 1007-1(e) Certificate
• Electronic filing conventions followed.
• Matrix conforms to Clerk’s ‘.txt’ specifications.
9.B Middle District (ALM) LBR 1007-1 Certificate
• Verified service address list provided to Trustee within seven (7) days.
9.C Southern District (ALS) LBR 1007-1 Certificate
• Wage-deduction order form prepared for Trustee presentation, if necessary.
10. TRUSTEE COMPLIANCE STATEMENT
10.1 341 Meeting Availability
Debtor will appear in person (or by approved teleconference) at the § 341 meeting scheduled by the Trustee and will provide government-issued photo ID and acceptable proof of Social Security number.
10.2 Document Delivery Protocol
Debtor agrees to transmit to the Trustee, not later than seven (7) days prior to the § 341 meeting, copies of:
a. The two (2) most recent federal income-tax returns;
b. Six (6) months of pay advices or a signed affidavit of absent income;
c. Deeds, titles, or registrations for all real and titled personal property;
d. Bank statements reflecting balances as of the Petition Date.
10.3 Cooperation Covenant
Debtor shall promptly furnish additional information reasonably requested by the Trustee to perform statutory duties under 11 U.S.C. §§ 704, 521.
11. EXECUTION BLOCK
11.1 Debtor Declaration (per Official Form 101, Part 17)
“I have examined this petition and accompanying documents, and, to the best of my knowledge and belief, they are true and correct.”
Debtor Signature: _____ Date: ___
11.2 Joint Debtor Declaration (if applicable)
Joint Debtor Signature: ____ Date: _____
11.3 Attorney Signature (per Bankruptcy Rule 9011)
Attorney of Record: ____
Bar Number: __ Date: _____
Address: [FIRM ADDRESS] – Tel: [ ] Email: [ ]
11.4 Notary / Verification (only if local rule requires)
State of Alabama, County of [_]:
Subscribed and sworn before me this day of __________, 20.
Notary Public: ____ My Commission Expires: ___
END OF TEMPLATE
[// GUIDANCE: Review local rule amendments and the most recent Administrative Procedures for Electronic Case Filing (ECF) in the selected District before finalizing. Always upload each Official Form as its own PDF, assembled in the Clerk’s mandated order, and include this Schedule C alongside Official Form 106C if your software package does not auto-generate Alabama exemptions.]