VOLUNTARY PETITION UNDER CHAPTER 7
United States Bankruptcy Court
[District: Eastern / Western] District of Arkansas
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Schedules & Exhibits (Exemption Schedule – AR; Local Rule Compliance Certificate; Trustee Procedure Acknowledgment)
[// GUIDANCE:
1. This template is a drafting aid for attorneys. It does not replace the Official Bankruptcy Forms (“Official Form 101” et seq.) that MUST be filed with the Court.
2. Bracketed items [IN CAPS] require attorney customization.
3. Statutory references are limited to well-established provisions of Title 11, U.S. Code.
]
I. DOCUMENT HEADER
- Title. Voluntary Petition for Individuals (or Non-Individuals) Filing for Bankruptcy Under Chapter 7.
- Debtor Identification.
a. Debtor 1: [Full Legal Name], SSN (Last 4): [_], Address: [_].
b. Debtor 2 (joint, if any): [Full Legal Name], SSN (Last 4): [_], Address: [_]. - Attorney for Debtor(s). [Attorney Name], AR Bar No. [_], Firm: [______], Address, Phone, Email.
- Filing Information.
a. Nature of Filing: Voluntary Petition under 11 U.S.C. § 301.
b. Effective Date (“Petition Date”): [DATE OF ELECTRONIC FILING].
c. Governed Law: Title 11, United States Code (“Bankruptcy Code”); Federal Rules of Bankruptcy Procedure (“Fed. R. Bankr. P.”); Local Rules of the U.S. Bankruptcy Court for the Eastern & Western Districts of Arkansas (“Local Rules”). - Recitals.
i. Debtor has debts that are primarily [consumer/business] in nature and is eligible for relief under Chapter 7.
ii. Debtor seeks a discharge of dischargeable debts pursuant to 11 U.S.C. § 727.
iii. Debtor desires to invoke the automatic stay provided by 11 U.S.C. § 362.
II. DEFINITIONS
For purposes of this Petition and all accompanying Schedules and Statements:
“Automatic Stay” means the injunctive relief arising upon the Petition Date under 11 U.S.C. § 362.
“Bankruptcy Court” means the United States Bankruptcy Court for the [Eastern / Western] District of Arkansas.
“Bankruptcy Estate” or “Estate” means the estate created under 11 U.S.C. § 541 upon filing.
“Exempt Property” means property Debtor claims as exempt under 11 U.S.C. § 522 and applicable Arkansas exemption law, as detailed on Schedule C-AR.
“Trustee” means the Chapter 7 panel trustee appointed under 11 U.S.C. § 701.
[Add additional defined terms as needed.]
III. OPERATIVE PROVISIONS
3.1 Commencement of Case. Debtor hereby commences a voluntary case under Chapter 7 of the Bankruptcy Code.
3.2 Filing Components. Debtor contemporaneously files, or will timely file within the periods permitted by Fed. R. Bankr. P. 1007:
a. Official Form 101 (Voluntary Petition);
b. Summary of Assets and Liabilities & Schedules A/B through J;
c. Statement of Financial Affairs (Official Form 107);
d. Statement of Current Monthly Income (Official Form 122A-1) and Means Test Calculation (Official Form 122A-2), where required;
e. Exemption Schedule C-AR (see Exhibit A);
f. Certificate of Credit Counseling or request for waiver;
g. Local Rule Compliance Certificate (Exhibit B);
h. Trustee Procedure Acknowledgment (Exhibit C).
3.3 Payment of Filing Fee. Debtor tenders the filing fee of $338 or files an Application to Pay Filing Fee in Installments in compliance with 28 U.S.C. § 1930 and Fed. R. Bankr. P. 1006.
3.4 Exemption Election. Pursuant to 11 U.S.C. § 522(b)(1), Arkansas has not opted out of the federal exemption scheme; Debtor hereby elects [FEDERAL / ARKANSAS] exemptions.
3.5 Domestic Support Obligations. Debtor identifies all domestic support obligations (“DSO”) recipients on Schedule E/F and affirms current status of DSO payments.
3.6 Retention / Surrender of Secured Collateral. Debtor will file a Statement of Intention (Official Form 108) no later than 30 days after the Petition Date.
IV. REPRESENTATIONS & WARRANTIES
4.1 Accuracy. Debtor represents, under penalty of perjury (28 U.S.C. § 1746), that all information contained herein and in accompanying Schedules, Statements, and Exhibits is true and correct to the best of Debtor’s knowledge, information, and belief.
4.2 Eligibility. Debtor is entitled to relief under Chapter 7 and has not received a Chapter 7 discharge within the past 8 years (11 U.S.C. § 727(a)(8)).
4.3 Credit Counseling. Debtor (i) received an approved pre-petition credit counseling course within 180 days of the Petition Date or (ii) qualifies for a statutory exemption (11 U.S.C. § 109(h)).
4.4 Financial Records. Debtor has maintained financial records as required by 11 U.S.C. § 521 and will provide additional documentation upon the Trustee’s request.
Survival. These representations survive dismissal, conversion, or closure of the case to the extent necessary to enforce remedies herein.
V. COVENANTS & RESTRICTIONS
5.1 Cooperation with Trustee. Debtor shall cooperate with the Trustee, appear at the § 341 meeting, and provide requested documents within 7 days of request unless extended by written consent.
5.2 Address Changes. Debtor will promptly file a notice of any change in address per Local Rule 2002-1.
5.3 Post-Petition Asset Acquisition. Debtor shall report any entitlement to inheritances, life-insurance proceeds, or marital settlements acquired within 180 days after the Petition Date (11 U.S.C. § 541(a)(5)).
5.4 Prohibitions. Debtor shall not transfer, encumber, or conceal property of the Estate absent Court authorization.
VI. DEFAULT & REMEDIES
6.1 Events of Default.
a. Failure to appear at the § 341 meeting.
b. Failure to file complete and accurate Schedules within required time.
c. Failure to comply with Trustee’s lawful directives.
6.2 Cure Period. Debtor shall have 14 days from written notice of default to cure unless expedited relief is sought by the Trustee or U.S. Trustee.
6.3 Remedies. Upon uncured default, the Trustee or U.S. Trustee may seek:
i. Dismissal with prejudice under 11 U.S.C. § 707;
ii. Denial or revocation of discharge under 11 U.S.C. § 727(a);
iii. Turnover of property under 11 U.S.C. § 542;
iv. Sanctions under Fed. R. Bankr. P. 9011.
6.4 Costs & Fees. The Court may award reasonable attorney fees and costs to a prevailing party in any contested matter arising from Debtor’s default.
VII. RISK ALLOCATION
7.1 Indemnification. Not applicable; Bankruptcy Code provides exclusive remedies.
7.2 Limitation of Liability. Subject to the exceptions in 11 U.S.C. §§ 523 & 727, Debtor’s personal liability for pre-petition dischargeable claims shall be extinguished upon entry of a discharge order (“Discharge Injunction,” 11 U.S.C. § 524).
7.3 Force Majeure. Impossibility or frustration doctrines do not waive statutory duties but may support extensions of compliance deadlines upon appropriate motion.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Petition and all related proceedings are governed by federal bankruptcy law (Title 11, U.S.C.) and, where not inconsistent, the laws of the State of Arkansas.
8.2 Forum Selection. Exclusive jurisdiction lies with the United States Bankruptcy Court for the [Eastern / Western] District of Arkansas.
8.3 Arbitration. Not available; disputes are subject to the core/non-core jurisdictional framework under 28 U.S.C. § 157.
8.4 Jury Waiver. To the fullest extent permissible, Debtor waives any right to trial by jury in bankruptcy court on core matters. Non-core matters requiring jury trial shall be heard by the United States District Court.
8.5 Injunctive Relief. All parties are bound by the Automatic Stay of 11 U.S.C. § 362 and, following discharge, by the Discharge Injunction of 11 U.S.C. § 524.
IX. GENERAL PROVISIONS
9.1 Amendments. Debtor may amend Schedules or Statements as of right prior to case closure (Fed. R. Bankr. P. 1009); substantive amendments require notice and Trustee review.
9.2 Assignment. Debtor may not assign rights or obligations under this Petition; any transfer of property of the Estate is subject to Court approval.
9.3 Successors. Obligations hereunder bind Debtor’s successors, including any Chapter 7 Trustee or successor trustee.
9.4 Severability. If any provision herein is invalid, remaining provisions remain enforceable to the maximum extent permitted by law.
9.5 Integration. This Petition, together with all Official Forms and Exhibits, constitutes the entire submission required for commencement of the Chapter 7 case.
9.6 Electronic Signatures. Signatures captured via the Court’s CM/ECF system or in compliance with Local Rule 5005-1 are deemed originals.
X. EXECUTION BLOCK
Executed under penalty of perjury on [DATE].
Debtor 1: _______
Name: [PRINTED NAME]
Debtor 2 (if any): ______
Name: [PRINTED NAME]
Attorney for Debtor(s): ____
Name: [ATTORNEY NAME], AR Bar No. [__]
[Notary Block – include if state law or local rule requires sworn verification for any exhibit.]
SCHEDULES & EXHIBITS
Exhibit A – Exemption Schedule C-AR
[// GUIDANCE: Populate with either federal exemptions under § 522(d) or Arkansas exemptions under Ark. Const. art. 9 & Ark. Code Ann. §§ 16-66-210 et seq. Include dollar limits and specific property descriptions.]
Exhibit B – Local Rule Compliance Certificate
I certify compliance with:
• Local Rule 1007-1 (matrix and master address list)
• Local Rule 2015-2 (tax return delivery to Trustee)
• Local Rule 4002-1 (pay advices delivery)
Signature: ___ Date: ______
Exhibit C – Trustee Procedure Acknowledgment
Debtor acknowledges receipt of the Chapter 7 Trustee Guidelines for the Eastern & Western Districts of Arkansas and agrees to comply in full.
Signature: ___ Date: ______