Bankruptcy Petition - Chapter 7

CHAPTER 7 VOLUNTARY BANKRUPTCY PETITION

United States Bankruptcy Court – District of Colorado

TABLE OF CONTENTS

1. DOCUMENT HEADER
2. DEFINITIONS
3. OPERATIVE PROVISIONS
4. REPRESENTATIONS & WARRANTIES
5. COVENANTS & RESTRICTIONS
6. DEFAULT & REMEDIES
7. RISK ALLOCATION
8. DISPUTE RESOLUTION
9. GENERAL PROVISIONS
10. EXECUTION BLOCK

1. DOCUMENT HEADER

1.1 Title. “Voluntary Petition for Relief Under Chapter 7 of the United States Bankruptcy Code.”

1.2 Debtor Identification.
(a) Debtor: [LEGAL NAME]
(b) Joint Debtor (if applicable): [LEGAL NAME]
(c) SSN/ITIN/EIN (last four digits): [####]
(d) Street Address: [ADDRESS, CITY, STATE, ZIP]
(e) Mailing Address (if different): [ADDRESS]

1.3 Counsel of Record. [LAW FIRM NAME], by [ATTORNEY NAME] (Bar No. [####]), telephone [###-###-####], email [EMAIL].

1.4 Effective Date. The “Petition Date” is the date on which this Petition is electronically filed with the Clerk of the U.S. Bankruptcy Court for the District of Colorado in accordance with L.B.R. 1002-1 and Fed. R. Bankr. P. 5005.

1.5 Recitals.
(a) Debtor is unable to pay debts as they come due.
(b) Debtor seeks a discharge of pre-petition debts pursuant to 11 U.S.C. § 727.
(c) Upon filing, the automatic stay of 11 U.S.C. § 362 arises.

2. DEFINITIONS

The following capitalized terms are used throughout this Petition Package:

“Automatic Stay” – the injunction imposed by 11 U.S.C. § 362.
“Bankruptcy Code” – Title 11 of the United States Code.
“Bankruptcy Court” – the United States Bankruptcy Court for the District of Colorado.
“Debtor” – the individual or entity named in Section 1.2(a).
“Exempt Property” – property claimed exempt on Schedule C pursuant to 11 U.S.C. § 522 and applicable Colorado exemption law.
“Official Forms” – the mandatory national forms promulgated under Fed. R. Bankr. P. 9009.
“Petition Date” – the filing date defined in Section 1.4.
“Schedules & Statements” – Official Forms 106–113 (individuals) or 206–213 (non-individuals) including any local supplement required by L.B.R. 1007-1.
“Trustee” – the Chapter 7 panel trustee appointed under 11 U.S.C. § 701.

3. OPERATIVE PROVISIONS

3.1 Petition & Relief Requested. Debtor hereby petitions for relief under Chapter 7 and requests entry of an order for discharge under 11 U.S.C. § 727.

3.2 Filing of Schedules & Statements.
(a) Debtor shall complete and file all Schedules & Statements concurrently with this Petition or, if an emergency filing occurs, within 14 days thereafter (Fed. R. Bankr. P. 1007(c)).
(b) Each Schedule shall be signed under penalty of perjury.

3.3 Exemption Schedule (Colorado-Specific).
(a) Debtor shall list Exempt Property on Schedule C.
(b) Exemptions shall be claimed under applicable Colorado statutes (e.g., homestead, motor vehicle, tools of trade, retirement accounts).
(c) Debtor shall attach “Local Form EX-CO” if required by L.B.R. 4003-1.

3.4 Trustee Cooperation. Debtor shall:
(i) appear at the § 341 meeting,
(ii) provide pay advices, tax returns, bank statements, and asset documentation, and
(iii) surrender non-exempt property to the Trustee.

3.5 Credit Counseling & Financial Management.
(a) Debtor certifies completion of an approved credit-counseling course within 180 days preceding the Petition Date (11 U.S.C. § 109(h)).
(b) Debtor shall complete the post-petition financial-management course (11 U.S.C. § 727(a)(11)) and file Official Form 423 within 60 days after the first date set for the § 341 meeting.

3.6 Domestic Support Obligations. Debtor shall disclose all domestic support obligations (if any) on Schedule E/F and Statement of Financial Affairs.

3.7 Filing Fee. Debtor shall pay the full filing fee or file Official Form 103A/B to request installment payments or waiver (28 U.S.C. § 1930(a)(1)).

4. REPRESENTATIONS & WARRANTIES

4.1 Eligibility. Debtor is eligible for Chapter 7 relief under 11 U.S.C. § 109 and is not barred by a prior discharge within the applicable time limitations of 11 U.S.C. § 727(a)(8)–(9).

4.2 Accuracy of Information. All information contained in the Petition, Schedules & Statements is true, correct, and complete to the best of Debtor’s knowledge, information, and belief.

4.3 Prior Cases. Any bankruptcy cases filed by Debtor in the preceding 8 years are accurately disclosed in Part 2 of Official Form 101/201.

4.4 Non-Petition Transfers. Debtor has disclosed all transfers of property within two years preceding the Petition Date as required by the Statement of Financial Affairs.

4.5 Means Test Compliance (Individuals Only). Debtor has completed Official Form 122A-1/2; if the presumption of abuse arises, Debtor has attached an explanatory statement.

5. COVENANTS & RESTRICTIONS

5.1 Continuing Duty to Disclose. Debtor shall promptly amend Schedules & Statements to correct errors or to reflect post-petition discoveries before case closure (Fed. R. Bankr. P. 1009).

5.2 Post-Petition Asset Acquisition. Debtor shall report to the Trustee any interest in property acquired within 180 days after the Petition Date that becomes part of the estate under 11 U.S.C. § 541(a)(5) (e.g., inheritance, life-insurance proceeds).

5.3 Turnover & Inspection. Debtor shall cooperate with any Trustee request for turnover of records or property (11 U.S.C. § 521(a)(3)–(4)).

5.4 Prohibition on Post-Petition Transfers. Debtor shall not transfer, encumber, or dispose of estate property without Bankruptcy Court authority.

5.5 Tax Returns. Debtor shall provide copies of federal and state tax returns for the most recent tax year at least 7 days before the § 341 meeting (11 U.S.C. § 521(e)(2)).

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute default:
(a) failure to file required documents within statutory deadlines;
(b) failure to appear at the § 341 meeting;
(c) failure to cooperate with the Trustee;
(d) material misstatement or omission.

6.2 Remedies. Upon default, the Bankruptcy Court may, after notice and hearing:
(i) dismiss or convert the case (11 U.S.C. § 707),
(ii) deny discharge (11 U.S.C. § 727),
(iii) impose sanctions under Fed. R. Bankr. P. 9011, or
(iv) refer matters for criminal prosecution (18 U.S.C. § 152).

6.3 Cure Opportunities. Unless the Court orders otherwise, Debtor shall have 14 days to cure document deficiencies identified in a Clerk’s Notice of Incomplete Filing.

7. RISK ALLOCATION

7.1 Scope of Discharge. Subject to 11 U.S.C. §§ 523 and 727, Debtor’s personal liability for pre-petition dischargeable debts is eliminated upon entry of a discharge order.

7.2 Non-Dischargeable Debts. Debtor acknowledges that certain debts (e.g., most taxes, domestic-support obligations, student loans, fraud-based claims) survive discharge unless otherwise ordered.

7.3 Indemnification. Not applicable; claims are resolved pursuant to the statutory discharge provisions.

7.4 Limitation of Liability. Liability is capped by the scope of discharge available under Chapter 7.

8. DISPUTE RESOLUTION

8.1 Governing Law. This case is governed by the Bankruptcy Code, Fed. R. Bankr. P., and L.B.R.

8.2 Exclusive Jurisdiction. The Bankruptcy Court retains exclusive jurisdiction over all proceedings arising under or related to this Chapter 7 case.

8.3 Arbitration. Not available.

8.4 Jury Trial Waiver. To the maximum extent permitted, Debtor waives any right to jury trial in core bankruptcy proceedings.

8.5 Injunctive Relief. The Automatic Stay serves as injunctive relief immediately upon filing.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. Amendments to Schedules & Statements require compliance with Fed. R. Bankr. P. 1009 and applicable filing fees.

9.2 Assignment. The obligations hereunder are personal to Debtor and may not be assigned.

9.3 Severability. If any provision herein conflicts with the Bankruptcy Code or applicable rules, such provision is severed and the remainder remains effective.

9.4 Integration. This Petition, together with all Official Forms and attachments, constitutes the entire filing package for commencement of this Chapter 7 case.

9.5 Counterparts & Electronic Signatures. This Petition may be executed in counterparts; electronic signatures comply with L.B.R. 5005-4.

10. EXECUTION BLOCK

10.1 Debtor Declaration (Official Form 101/201 Part 17 or equivalent).

“I declare under penalty of perjury that the information provided in this Petition and the accompanying documents is true and correct and that I have reviewed and signed each document.”

Date: [DATE]

______________________________
[DEBTOR NAME], Debtor

______________________________
[JOINT DEBTOR NAME], Joint Debtor (if any)

10.2 Attorney Signature.

Date: [DATE]

______________________________
[ATTORNEY NAME], Attorney for Debtor
Colorado Bar No. [####]

10.3 Verification of Master Mailing List (L.B.R. 1007-1).

10.4 Notary / Witness. Not required for electronic filings; complete only if local form mandates sworn verification.

END OF TEMPLATE