Bankruptcy Petition - Chapter 7

MASTER CHAPTER 7 BANKRUPTCY PETITION PACKAGE

United States Bankruptcy Court, District of Connecticut

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Petition (Official Form 101 or 201)
   3.2 Additional Required Forms & Schedules
   3.3 Connecticut-Specific Exemption Schedule (Schedule C Addendum)

4. Representations & Warranties

5. Covenants & Continuing Duties of Debtor
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

UNITED STATES BANKRUPTCY COURT
DISTRICT OF CONNECTICUT
________________________________________
In re:                           )   Chapter 7
                                 )
[LEGAL NAME OF DEBTOR(S)],       )   Case No. [To be assigned]
     Debtor(s).                  )
_________________________________)   VOLUNTARY PETITION PACKAGE

Effective Date: [PETITION DATE]
Governing Law: Title 11, United States Code (“Bankruptcy Code”)
Forum: United States Bankruptcy Court, District of Connecticut
Automatic Stay: 11 U.S.C. § 362

2. DEFINITIONS

For purposes of this Petition Package, capitalized terms have the meanings set forth below; terms not defined herein have the meanings assigned in the Bankruptcy Code or the FRBP.

“Bankruptcy Court” – the United States Bankruptcy Court for the District of Connecticut.
“Code” – Title 11 of the United States Code, 11 U.S.C. §§ 101–1532.
“Debtor” – the individual or entity identified in the caption.
“Joint Debtor” – the spouse of the Debtor filing jointly, if any.
“Petition Date” – the date this Voluntary Petition is filed with the Clerk of Court.
“Schedules & Statements” – collectively, Official Forms 106A/B through 106J-2 (individual) or 206A/B through 206H (non-individual), Summary of Assets and Liabilities (Form 106Sum/206Sum), Statement of Financial Affairs (Form 107/207), and all local supplements.
“Trustee” – the Chapter 7 panel trustee appointed under 11 U.S.C. § 701.

3. OPERATIVE PROVISIONS

3.1 Voluntary Petition (Official Form 101 – Individuals / 201 – Non-Individuals)

[PLACEHOLDER: Insert completed Official Form 101 or 201.]

3.2 Additional Required Forms & Schedules (National)

The Debtor shall contemporaneously file the following, each executed under penalty of perjury and conforming to Official Form requirements:

a. Schedules A/B–J (or 206A/B–H)
b. Summary of Assets and Liabilities
c. Declaration About an Individual Debtor’s Schedules (Form 106Dec / 202)
d. Statement of Financial Affairs (Form 107 / 207)
e. Statement of Intention (Form 108) – individuals only
f. Means Test (Form 122A-1, -1Supp, -2) – individuals only
g. List of Creditors (Mailing Matrix) – per D.Conn. LBR 1007-1
h. Verification of Creditor Matrix
i. Statement of Social Security Number (Form 121) – individuals only (filed non-public)

3.3 Connecticut-Specific Exemption Schedule

(Schedule C Addendum – Individuals)

The Debtor elects to claim exemptions under Connecticut law, having opted out of the federal exemption scheme pursuant to 11 U.S.C. § 522(b)(2) and Conn. Gen. Stat. § 52-352b. Complete the following table and attach it as “Schedule C-CT.”

*Amounts reflect current statutory caps; confirm no legislative changes as of filing.

4. REPRESENTATIONS & WARRANTIES

4.1 Debtor represents that all information contained in the Petition, Schedules & Statements, and any amendments thereto is true, correct, and complete to the best of the Debtor’s knowledge, information, and belief.
4.2 Debtor has received the mandatory credit counseling described in 11 U.S.C. § 109(h) within 180 days prior to the Petition Date or qualifies for a statutory exemption.
4.3 Assets and liabilities are listed at the values required by the Official Forms and the Code.
4.4 No prior bankruptcy case concerning the Debtor is pending or has been dismissed within the past 180 days for willful failure to appear or comply with court orders, except as disclosed in Part 9 of the Petition.

Survival: These representations survive conversion, dismissal, or closing of the case.

5. COVENANTS & CONTINUING DUTIES OF DEBTOR

a. Cooperate with the Trustee under 11 U.S.C. § 521(a)(3) and (4), including turnover of property and records.
b. Attend and testify at the § 341 Meeting of Creditors and any Rule 2004 examination.
c. File all post-petition amendments promptly upon discovering any inaccuracy (FRBP 1009).
d. Provide the Trustee with tax returns, pay advices, and other documents required by 11 U.S.C. § 521(e)(2) and D.Conn. LBR 4002-1.
e. Refrain from incurring post-petition debt except as permitted by the Code or court order.

6. DEFAULT & REMEDIES

6.1 Event of Default: A material misrepresentation, concealment of assets, or failure to comply with § 521 obligations.
6.2 Notice & Cure: The Trustee or United States Trustee (“UST”) shall provide written notice of default; Debtor has 14 days to cure unless expedited relief is warranted.
6.3 Remedies:
i. Motion to dismiss case under 11 U.S.C. § 707(a) or (b)
ii. Objection to discharge under 11 U.S.C. § 727
iii. Turnover order and contempt sanctions
iv. Referral for criminal prosecution under 18 U.S.C. § 152 et seq.
6.4 Attorneys’ Fees: The prevailing party on any motion under this Section is entitled to reasonable attorneys’ fees and costs, subject to court approval.

7. RISK ALLOCATION

Automatic Stay: Upon filing, 11 U.S.C. § 362(a) operates as a statutory injunction.
Discharge: Subject to the limitations of §§ 523 and 727.
Indemnification: Not applicable—claims are resolved through the claims allowance process.
Limitation of Liability: Debtor’s liability for pre-petition unsecured debts is subject to discharge.
Force Majeure: Not applicable—bankruptcy relief is statutory.

8. DISPUTE RESOLUTION

Governing Law: Bankruptcy Code, FRBP, and D.Conn. LBR.
Exclusive Forum: United States Bankruptcy Court, District of Connecticut.
Arbitration: Not available; core proceedings are non-arbitrable absent specific court order.
Jury Waiver: The parties acknowledge limited jury trial availability in bankruptcy; any right is deemed waived unless an adversary proceeding is timely commenced and trial is transferred under 28 U.S.C. § 157(e).
Injunctive Relief: The automatic stay provides injunctive protection; additional relief may be sought under FRBP 7001.

9. GENERAL PROVISIONS

9.1 Amendments: Debtor may amend Schedules & Statements as-of-right before case closing (FRBP 1009(a)); amendments after closing require motion.
9.2 Severability: If any provision herein conflicts with the Bankruptcy Code or FRBP, statutory authority governs and the remaining provisions remain enforceable.
9.3 Integration: This Petition Package, together with all Official Forms and Local Forms filed contemporaneously, constitutes the entire filing required for commencement of this Chapter 7 case.
9.4 Electronic Signatures: Permitted per D.Conn. LBR 5005-1 and Administrative Procedures for Electronic Case Filing; maintain the original “wet” signature for 5 years.

10. EXECUTION BLOCK

/s/ [DEBTOR NAME]_______________________   Date: _________________
[Debtor Name], Debtor

/s/ [JOINT DEBTOR NAME]__________________  Date: _________________
[Joint Debtor Name], Joint Debtor (if any)

/s/ [ATTORNEY NAME]______________________ Date: _________________
[Attorney Name] (Bar No. [########])
[Law Firm Name]
[Address]
[Phone] | [Email]
Counsel for Debtor(s)

Notary Acknowledgment (if required by applicable non-electronic filing practice):
State of Connecticut, County of ____________
Subscribed and sworn to before me on __________, 20__, by ______________________.

_________________________________
Notary Public
My Commission Expires: ___________