Bankruptcy Petition - Chapter 7

CHAPTER 7 BANKRUPTCY PETITION TEMPLATE

United States Bankruptcy Court – [DISTRICT OF FLORIDA]

(Prepared for attorney customization; conforms to the U.S. Bankruptcy Code, Official Forms, and Florida-specific requirements)

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
Appendix A – Florida Exemption Schedule (Schedule C Worksheet)
Appendix B – Trustee & Local Rule Compliance Checklist

I. DOCUMENT HEADER

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

1.2 Parties
 Debtor: [DEBTOR LEGAL NAME]
 Joint Debtor (if any): [JOINT DEBTOR LEGAL NAME]
 Bankruptcy Counsel: [LAW FIRM NAME & BAR NO.]

1.3 Recitals
 A. Debtor is eligible for relief under 11 U.S.C. §109.
 B. Debtor has determined that liquidation under Chapter 7 is in Debtor’s best interests.
 C. Debtor desires to commence a bankruptcy case to obtain the protections of the automatic stay pursuant to 11 U.S.C. §362 and, if eligible, a discharge pursuant to 11 U.S.C. §727.

1.4 Effective Date
 The “Petition Date” shall be the date and time the Clerk dockets this Petition.

1.5 Jurisdiction & Venue
 Jurisdiction: 28 U.S.C. §1334(a).
 Venue: 28 U.S.C. §1408; United States Bankruptcy Court for the [NORTHERN/MIDDLE/SOUTHERN] District of Florida.

II. DEFINITIONS

“Bankruptcy Code” – Title 11 of the United States Code.
“Bankruptcy Rules” – Federal Rules of Bankruptcy Procedure.
“Case” – The Chapter 7 case initiated by this Petition.
“Court” – The United States Bankruptcy Court for the [DISTRICT] of Florida.
“Creditor Matrix” – The list of creditors required by Bankruptcy Rule 1007(a)(1).
“Exempt Property” – Property claimed exempt on Schedule C pursuant to Article X, §4, Fla. Const.; Fla. Stat. §§222.01, 222.25.
“Petition Date” – Defined in §1.4.
“Trustee” – The interim or permanent Chapter 7 trustee appointed under 11 U.S.C. §701 or §702.

III. OPERATIVE PROVISIONS

3.1 Commencement of Case
 Debtor hereby petitions for relief under Chapter 7 and authorizes counsel to electronically file all required Official Forms, Schedules, Statements, and any Local Forms.

3.2 Schedules & Statements
 A. Initial Filing: Official Form 101/201, List of Creditors, and Statement of Social Security Number will be filed concurrently with this Petition.
 B. Completion Deadline: All remaining schedules, statements, and certificates shall be filed no later than 14 days after the Petition Date unless extended by order of the Court.

3.3 Exemption Claims
 Debtor will claim exemptions under Florida law in accordance with Appendix A and Bankruptcy Rule 4003.

3.4 Creditor Matrix Certification
 Debtor certifies the Creditor Matrix is accurate, complete, and formatted per Local Rule requirements.

3.5 Credit Counseling Compliance
 Debtor has received credit counseling within the 180-day period preceding the Petition Date or qualifies for a statutory waiver under 11 U.S.C. §109(h)(4).

3.6 Payment of Filing Fee
 The filing fee of $[FEE] will be (i) paid in full at filing, or (ii) paid in installments pursuant to an application under Bankruptcy Rule 1006(b).

3.7 Domestic Support Obligations
 Debtor shall provide notice of the Case to all domestic support obligees in accordance with 11 U.S.C. §101(14A) and §521(c).

3.8 Tax Return Submission
 Debtor will furnish the most recent federal tax return to the Trustee no later than seven (7) days prior to the §341 meeting, per 11 U.S.C. §521(e)(2).

IV. REPRESENTATIONS & WARRANTIES

4.1 Eligibility
 Debtor is an individual (or qualifying entity) eligible to be a debtor under Chapter 7.

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

4.3 Good Faith
 The Petition is filed in good faith and not for the purpose of hindering, delaying, or defrauding creditors.

4.4 Prior Bankruptcy Cases
 Any previous bankruptcy filings within the last eight (8) years are fully disclosed on Official Form 101/201, Part 2.

4.5 Asset and Transfer Disclosures
 All asset transfers within the look-back periods of 11 U.S.C. §§548 & 727(a)(2) have been accurately disclosed in the Statement of Financial Affairs.

[Survival: The representations and warranties in this Article IV shall survive the closing of the Case to the extent necessary for the Trustee, the United States Trustee, or any party in interest to assert claims under 11 U.S.C. §727 or §523.]

V. COVENANTS & RESTRICTIONS

5.1 Cooperation with Trustee
 Debtor shall cooperate with the Trustee as required by 11 U.S.C. §521(a)(3), including turnover of property, books, records, and attending examinations under Bankruptcy Rule 2004.

5.2 Post-Petition Asset Disclosure
 Debtor must report in writing to the Trustee any inheritance, property settlement, or life-insurance proceeds acquired or entitled to within 180 days after the Petition Date (11 U.S.C. §541(a)(5)).

5.3 Notice Obligations
 Debtor shall promptly notify the Court and Trustee of any change in address or contact information until the entry of discharge.

5.4 Cure Period for Document Deficiencies
 If the Clerk issues a deficiency notice, Debtor shall cure the deficiency within seven (7) days, or such extended period the Court allows, to avoid dismissal under Local Rule [LOCAL RULE #].

VI. DEFAULT & REMEDIES

6.1 Automatic Dismissal
 Failure to file required schedules within the time prescribed may result in automatic dismissal under 11 U.S.C. §521(i).

6.2 Trustee’s Remedies
 Upon Debtor’s non-cooperation, the Trustee may seek turnover, contempt sanctions, or denial of discharge under 11 U.S.C. §727.

6.3 Court-Ordered Sanctions
 The Court may impose sanctions, including dismissal with prejudice, monetary penalties, or other equitable relief deemed appropriate.

6.4 Attorney Fees & Costs
 If any motion to compel Debtor compliance is granted, Debtor shall reimburse the Trustee’s reasonable attorney fees and costs, subject to Court approval.

VII. RISK ALLOCATION

7.1 Discharge Relief
 Upon entry of discharge, Debtor’s liability for pre-petition claims is limited as provided under 11 U.S.C. §727, subject to the exceptions of 11 U.S.C. §523.

7.2 Force Majeure
 Not applicable; statutory deadlines apply absent Court extension.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
 This Petition and all related proceedings are governed by the Bankruptcy Code, the Bankruptcy Rules, and federal law.

8.2 Exclusive Forum
 All disputes shall be resolved exclusively by the United States Bankruptcy Court for the [DISTRICT] of Florida.

8.3 Arbitration
 Arbitration is not available for matters arising under Title 11.

8.4 Jury Trial
 Jury trials are limited and subject to the Court’s jurisdiction and 28 U.S.C. §157(e).

8.5 Injunctive Relief
 The automatic stay pursuant to 11 U.S.C. §362 provides immediate injunctive protection.

IX. GENERAL PROVISIONS

9.1 Amendments
 Schedules and statements may be amended as of right before the case is closed (Bankruptcy Rule 1009(a)).

9.2 Assignment
 Debtor’s rights and obligations under this Petition are non-assignable.

9.3 Successors
 Obligations bind Debtor’s estate, legal representatives, and successors.

9.4 Severability
 If any provision is unenforceable, remaining provisions continue in effect.

9.5 Integration
 This Petition, together with all Official Forms and appendices, constitutes the entire filing.

9.6 Electronic Signatures
 Debtor consents to the use of /s/ electronic signatures consistent with Local Rule and Admin Order [NUMBER].

X. EXECUTION BLOCK

Executed on [DATE] at [CITY], Florida.

Debtor:
______________________________
[DEBTOR NAME]

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

Debtor’s Counsel:
______________________________
[ATTORNEY NAME], Esq.
Florida Bar No. [#######]
[LAW FIRM NAME]
[ADDRESS] | Tel: [###-###-####]
Attorney for Debtor

Notary (Required only if local rule mandates manual signature verification)
State of Florida, County of ☐
Subscribed and sworn before me on the date above.
______________________________
Notary Public

APPENDIX A – FLORIDA EXEMPTION SCHEDULE (Schedule C Worksheet)

[Populate and cross-reference to Official Form 106C]

1. Homestead (Art. X, §4, Fla. Const.) – Unlimited equity in Debtor’s primary residence located at [ADDRESS].
2. Personal Property (Fla. Stat. §222.25(1)) – Up to $1,000 in household goods/furnishings.
3. Personal Property – Additional $4,000 “Wild Card” if no homestead claimed (Fla. Stat. §222.25(4)).
4. Motor Vehicle – Up to $1,000 equity (Fla. Stat. §222.25(1)).
5. Qualified Retirement Accounts – Exempt under 11 U.S.C. §522(b)(3)(C).

APPENDIX B – TRUSTEE & LOCAL RULE COMPLIANCE CHECKLIST

☐ Certificate of Credit Counseling (11 U.S.C. §109(h))
☐ Statement of Social Security Number (Official Form 121) – filed but not on public docket
☐ Pay Advices Cover Sheet (Local Form) + last 60 days of income evidence
☐ Domestic Support Obligation Notice – served on obligee(s)
☐ Tax Return – provided to Trustee 7 days pre-§341
☐ Photo ID & Proof of SSN – available at §341 meeting
☐ Declaration Regarding Electronic Filing – executed (if applicable)
☐ Local Form [NUMBER] reaffirming debtor’s duty to maintain current contact info

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