CHAPTER 7 BANKRUPTCY PETITION
(Arizona – United States Bankruptcy Court, District of Arizona)
[// GUIDANCE: This template is an attorney-facing, court-ready drafting aid. It is NOT a substitute for the Official Bankruptcy Forms promulgated by the Judicial Conference of the United States. Counsel must replicate the exact language and formatting of each Official Form when filing. This document organizes the required disclosures, schedules, and certificates in logical order with strategic drafting notes, Arizona-specific variations, and placeholder text for efficient completion.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Voluntary Petition (Official Form 101)
- Arizona-Specific Exemption Schedule (Official Form Schedule C – Modified for AZ)
- Summary of Assets & Liabilities (Official Form 106Sum)
- Schedules A/B – J (Official Forms 106A/B through 106J-2)
- Statement of Financial Affairs (Official Form 107)
- Statement of Intention (Official Form 108)
- Creditor Matrix / Verification of Mailing List (Local Rule 1007-1)
- Declaration About an Individual Debtor’s Schedules (Official Form 106Dec)
- Means Test Calculation (Official Form 122A-1, 122A-2)
- Certificate of Credit Counseling & Debt Repayment Plan
- Verification of Social Security Number (Local Form B-121)
- Signature / Execution Block
1. DOCUMENT HEADER
UNITED STATES BANKRUPTCY COURT
DISTRICT OF ARIZONA
In re: ) Chapter 7
)
[Debtor Full Legal Name], ) Case No. __
[Debtor’s aka/fka], )
) VOLUNTARY PETITION
Debtor. ) FOR RELIEF UNDER
_____) CHAPTER 7
Effective Date: [MM/DD/YYYY]
Jurisdiction: Federal Bankruptcy Code, Title 11, United States Code (“Bankruptcy Code”) and Local Rules of the U.S. Bankruptcy Court for the District of Arizona (“Local Rules”).
2. DEFINITIONS
[// GUIDANCE: These definitions are for internal drafting convenience. They are not filed with the court but help ensure consistency across the petition packet.]
“Arizona Exemptions” – Property exemptions available to an individual debtor domiciled in Arizona for the 730-day period preceding the petition date pursuant to A.R.S. §§ 33-1101 et seq. and § 33-1126 et seq.
“Automatic Stay” – The injunction arising on the Petition Date pursuant to 11 U.S.C. § 362.
“Debtor” – The individual(s) filing this Chapter 7 case.
“Petition Date” – The date on which the Voluntary Petition is filed with the Clerk of the Bankruptcy Court.
“Trustee” – The Chapter 7 panel trustee appointed under 11 U.S.C. § 701.
3. VOLUNTARY PETITION (Official Form 101)
[// GUIDANCE: Reproduce Official Form 101 verbatim. Populate the following placeholders:]
• Debtor Name(s): [First, Middle, Last, Suffix]
• All Other Names Used in the Last 8 Years: [aka/fka/maiden]
• Debtor SSN/ITIN (Last 4 digits only): [____]
• Address: [Street, City, State AZ, ZIP]
• Chapter Chosen: 7 (non-subchapter V)
• Nature of Debts: Primarily Consumer ☐ / Primarily Business ☐
• Prior Bankruptcy Cases filed within 8 years: [Case No., District, Date Filed]
• Statistical/Administrative Info: Estimated assets, liabilities, creditor headcount.
4. ARIZONA-SPECIFIC EXEMPTION SCHEDULE
(Official Form 106C – Schedule C modified with Arizona statutory citations)
[// GUIDANCE: Arizona has OPT-OUT status under 11 U.S.C. § 522(b)(3). Use only Arizona exemptions, not federal § 522(d). Cite each asset to the controlling A.R.S. section. Example entries:]
| Description of Property | Specify the Law Providing the Exemption | Value of Claimed Exemption | Current Value of Property |
|---|---|---|---|
| Primary residence at 1234 Desert Sage Ln., Phoenix, AZ 85016 | A.R.S. § 33-1101(A) (homestead up to $250,000 equity) | $250,000 | $400,000 (FMV) |
| 2009 Ford F-150 (work truck) | A.R.S. § 33-1125(8) (motor vehicle up to $15,000; $25,000 if disabled) | $8,500 | $8,500 |
5. SUMMARY OF ASSETS & LIABILITIES – OFFICIAL FORM 106Sum
[Populate totals from Schedules A/B – J automatically.]
6. SCHEDULES A/B – J (OFFICIAL FORMS 106A/B THROUGH 106J-2)
[// GUIDANCE: Provide each asset, liability, income, and expense entry with precision. Cross-check math.]
Key Arizona considerations:
• Community Property – Arizona is a community property state; list community vs. separate interests.
• Real Property valuations – obtain recent AVM or broker opinion; attach as “Valuation Exhibit 1”.
• Identify all domestic support obligations on Schedule E/F.
7. STATEMENT OF FINANCIAL AFFAIRS (OFFICIAL FORM 107)
[Include: employment history, prior income, transfers within 2 years (used goods, property conveyances), lawsuits, garnishments, repossessions, set-offs, gifts, charitable contributions, business ownership interests.]
8. STATEMENT OF INTENTION (OFFICIAL FORM 108)
| Creditor | Property | Nature of Lien | Intent (Redeem / Reaffirm / Surrender) |
|---|---|---|---|
| [ABC Credit Union] | 2018 Honda Civic | PMSI | Reaffirm ☐ / Redeem ☐ / Surrender ☐ |
File within 30 days of Petition Date. Serve on each secured creditor.
9. CREDITOR MATRIX & VERIFICATION (LOCAL RULE 1007-1)
[// GUIDANCE: Upload as separate .txt file formatted per Clerk specifications. Verify with Local Form B-1007-1.]
10. DECLARATION ABOUT SCHEDULES (OFFICIAL FORM 106Dec)
Debtor(s) must sign under penalty of perjury. Electronic signature “/s/ [Typed Name]” acceptable per Local Rule 5005-2.
11. MEANS TEST CALCULATION
(Official Forms 122A-1 – Chapter 7 Statement of Current Monthly Income; 122A-2 – Means Test Calculation)
Arizona median income figures as of [Current IRS Release Date]. Update before filing.
12. CERTIFICATE OF CREDIT COUNSELING
Attach the certificate from an approved provider (see www.justice.gov/ust/credit-counseling-debt-providers) obtained within 180 days pre-petition.
13. VERIFICATION OF SOCIAL SECURITY NUMBER (LOCAL FORM B-121)
File as a separate, restricted-access document.
14. SIGNATURE / EXECUTION BLOCK
Respectfully submitted this ___ day of _, 20.
/s/ [Debtor Name]______
[Debtor Name], Debtor
/s/ [Joint Debtor Name]_______
[Joint Debtor Name], Joint Debtor (if any)
Prepared By:
/s/ [Attorney Name]_____
[Attorney Name], Esq.
[AZ Bar No. __]
[Law Firm Name]
[Address]
[Phone] | [Email]
Counsel for Debtor(s)
Notary Acknowledgment (if required for local filing of certain exhibits):
State of Arizona )
County of _____ ) ss.
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared ________, proved to me on the basis of satisfactory evidence to be the person(s) who executed the foregoing instrument, and acknowledged it to be their free act and deed.
Notary Public
My Commission Expires: _____
RISK MANAGEMENT & COMPLIANCE NOTES
[// GUIDANCE]
1. Automatic Stay: Advise client regarding 11 U.S.C. § 362(b) exceptions (eviction, domestic support).
2. Means Test Flags: If presumption of abuse arises, prepare rebuttal under § 707(b)(2)(B).
3. Community Property: Non-filing spouse liabilities may be impacted; consider joint filing.
4. Asset Planning: Avoid pre-petition transfers that could trigger § 548 fraudulent-transfer lookback.
5. Trustee Procedures: The Arizona Chapter 7 trustee panel requires tax returns 7 days before § 341 meeting (Local Rule 4002-1).
GENERAL DRAFTING CHECKLIST
☐ Confirm debtor ID (DL + SSN card).
☐ Run PACER search for prior filings.
☐ Pull tri-merge credit report – populate creditors & addresses verbatim.
☐ Calculate exemption usage; attach valuation proofs.
☐ Upload e-filing PDFs in CM/ECF with separate event codes.
☐ Calendar § 341 meeting date once docketed.
[// GUIDANCE: This template, when merged with the Official Forms, satisfies all federal and Arizona local requirements for a consumer Chapter 7 filing. Counsel remains responsible for final review, accuracy, and compliance with any updates to statutes, rules, or median-income thresholds.]