IMPORTANT PRACTICE NOTE
This template is intentionally over-engineered so Georgia bankruptcy practitioners can (i) reuse discrete modules when preparing Official Forms 101/201 and the accompanying schedules, and (ii) satisfy the Northern, Middle, or Southern District of Georgia local rule nuances in one master document. Delete any bracketed guidance lines (“[// GUIDANCE: …]”) before filing.
MASTER CHAPTER 7 PETITION PACKAGE
United States Bankruptcy Court – [Northern | Middle | Southern] District of Georgia
(Incorporating Federal Forms, Georgia Exemptions, and Local Rule Requirements)
TABLE OF CONTENTS
I. Document Header and Case Caption
II. Definitions
III. Voluntary Petition (Core Operative Provisions)
IV. Representations & Warranties
V. Debtor Covenants & Ongoing Duties
VI. Default & Remedies (Non-Compliance Consequences)
VII. Risk Allocation (Discharge, Automatic Stay, Liability Caps)
VIII. Dispute Resolution Mechanics
IX. General Provisions
X. Execution Blocks & Certifications
XI. Georgia Schedule of Exemptions (O.C.G.A. § 44-13-100)
XII. Ancillary Attachments Index
I. DOCUMENT HEADER & CASE CAPTION
United States Bankruptcy Court
[_____] District of Georgia
Division: [ATLANTA | ROME | GAINESVILLE | NEWNAN | AUGUSTA | BRUNSWICK | VALDOSTA | COLUMBUS | MACON | SAVANNAH]
In re: ) Chapter 7
[Debtor Full Legal Name(s)] ) Case No. _
[Last 4 SSN / EIN: ___--_] )
)
Debtor(s). )
Effective Filing Date: ___ / ___ / 20
Governing Law: 11 U.S.C. §§ 101 et seq.; Fed. R. Bankr. P.; Local Bankr. R. ___ (N.D. Ga./M.D. Ga./S.D. Ga.)
[// GUIDANCE: Insert the correct divisional venue pursuant to 28 U.S.C. § 1408 and the applicable Georgia district’s local rule.]
II. DEFINITIONS
(Alphabetical; cross-referenced throughout)
“Automatic Stay” – The injunction arising under 11 U.S.C. § 362 upon the Filing Date.
“Bankruptcy Code” – Title 11 of the United States Code.
“Bankruptcy Rules” – The Federal Rules of Bankruptcy Procedure.
“Court” – The United States Bankruptcy Court for the [___] District of Georgia.
“Debtor” – The person(s) identified in the caption.
“Petition Package” – Collectively, this Chapter 7 Voluntary Petition, Schedules A/B–J, Statements, Certificates, GA Exemption Schedule, and all addenda.
“Trustee” – The Chapter 7 trustee appointed under 11 U.S.C. § 701.
III. VOLUNTARY PETITION – OPERATIVE PROVISIONS
3.1 Petition & Chapter Election
(a) Debtor hereby files a Voluntary Petition for relief under Chapter 7 pursuant to 11 U.S.C. § 301.
(b) Debtor requests an order for relief and entry of a discharge under 11 U.S.C. § 727, subject to all statutory limitations and exceptions.
3.2 Venue & Eligibility
Debtor represents that venue in this District is proper under 28 U.S.C. § 1408 and that Debtor is eligible for Chapter 7 relief pursuant to 11 U.S.C. § 109.
3.3 Documents Filed Herewith
(a) Official Form 101 or 201 (as applicable);
(b) Schedules A/B–J (including the Georgia-specific Exemption Schedule in Section XI);
(c) Statement of Financial Affairs (Official Form 107/207);
(d) Statement of Intention (if individual, Official Form 108);
(e) Certificate of Credit Counseling (11 U.S.C. § 109(h));
(f) Creditor Matrix complying with Local Bankr. R. ___;
(g) Disclosure of Compensation of Attorney for Debtor (Fed. R. Bankr. P. 2016(b)).
3.4 Filing Fee & Installment Election
[ ] Paid in Full □ | [ ] Application to Pay in Installments □ | [ ] Application for Fee Waiver (individuals only, Official Form 103B) □
[// GUIDANCE: Check only one box and attach corresponding official form.]
IV. REPRESENTATIONS & WARRANTIES
4.1 Accuracy of Information
Debtor certifies that all information contained in the Petition Package is true and correct to the best of Debtor’s knowledge, information, and reasonable belief, subject to the penalties of perjury under 28 U.S.C. § 1746.
4.2 Prior Bankruptcy Cases
Debtor has [never | within the past 8 years filed ___ previous case(s)] under any chapter of the Bankruptcy Code. Details are disclosed on Official Form 101/201, Part 2 § 9.
4.3 Pending Insolvency Proceedings
Debtor is not aware of any custodial, receivership, assignment for benefit of creditors, or similar proceeding pending against Debtor’s property, except as disclosed in Schedule A/B.
4.4 Means Test Compliance (Individuals Only)
Debtor has completed Official Form 122A-1 (and 122A-2 if required) evidencing either presumed abuse does not arise or, if it does, special circumstances rebutting such presumption.
4.5 Domestic Support Obligations
Debtor [does | does not] owe Domestic Support Obligations as defined in 11 U.S.C. § 101(14A). If owed, requisite notices will be served pursuant to 11 U.S.C. § 342(c)(2).
V. DEBTOR COVENANTS & ONGOING DUTIES
5.1 Cooperation with Trustee (11 U.S.C. § 521(a)(3))
Debtor shall cooperate with the Trustee in the administration of the estate, including producing documents, appearing at § 341 meeting(s), and surrendering non-exempt property.
5.2 Tax Return Delivery
No later than seven (7) days before the first scheduled § 341 meeting, Debtor shall provide to the Trustee a copy of the most recent federal tax return (or transcript) as required by Fed. R. Bankr. P. 4002(b)(3).
5.3 Address Change
Debtor shall file a notice of any change of address within fourteen (14) days consistent with Fed. R. Bankr. P. 4002(a)(5).
5.4 Post-Petition Asset Acquisition
Debtor shall promptly amend Schedule A/B to disclose any interest in property acquired post-petition but pre-discharge (e.g., inheritance, divorce proceeds), in compliance with 11 U.S.C. § 541(a)(5).
VI. DEFAULT & REMEDIES
6.1 Failure to File Required Documents
If Debtor fails to timely file documents required under § 521(a)(1) or Local Bankr. R. ___, the case may be automatically dismissed without further notice pursuant to Fed. R. Bankr. P. 1017(c) and local procedures.
6.2 Failure to Appear at § 341 Meeting
Non-appearance constitutes cause for dismissal or conversion under 11 U.S.C. § 707(a). The Clerk shall serve notice of dismissal and the automatic stay shall immediately terminate.
6.3 Sanctions for Bad-Faith Filing
The Court may impose restrictions, including a bar on refiling for 180 days and/or punitive damages under 11 U.S.C. § 105(a).
VII. RISK ALLOCATION
7.1 Discharge & Exceptions
Liability for pre-petition debts is subject to discharge under 11 U.S.C. § 727, except for the categories enumerated in 11 U.S.C. § 523.
7.2 Automatic Stay
Upon the Filing Date, the Automatic Stay prohibits actions described in § 362(a). Willful violations expose offending parties to damages under § 362(k).
7.3 Liability Caps
Post-discharge, Debtor’s personal liability on discharged claims is extinguished. Enforcement actions are permanently enjoined by the discharge injunction (11 U.S.C. § 524).
VIII. DISPUTE RESOLUTION
8.1 Governing Law
This Petition Package and all proceedings shall be governed by the Bankruptcy Code, Bankruptcy Rules, and applicable Georgia law to the extent not pre-empted.
8.2 Exclusive Forum
All disputes or motions arising under, or related to, this Chapter 7 case shall be filed exclusively in the United States Bankruptcy Court for the [___] District of Georgia.
8.3 Arbitration & Jury Trial
Arbitration is unavailable. Jury trials are permissible only upon (i) timely demand under Fed. R. Bankr. P. 9015, (ii) designation of issues triable by jury, and (iii) District Court consent, consistent with 28 U.S.C. § 157(e).
8.4 Injunctive Relief
Nothing in this Petition Package limits the automatic stay or other injunctive powers of the Court under 11 U.S.C. §§ 105 and 362.
IX. GENERAL PROVISIONS
9.1 Amendments & Modifications
Any amendment to schedules, statements, or lists shall (i) be clearly marked “AMENDED,” (ii) include an unsworn declaration under 28 U.S.C. § 1746, and (iii) comply with Fed. R. Bankr. P. 1009 and applicable local rules.
9.2 Severability
If any provision herein is determined unenforceable, the remainder shall remain in full force unless such severance substantially frustrates the purpose of Chapter 7 relief.
9.3 Integration
This Petition Package constitutes the entire submission required for commencement of this Chapter 7 case, except as may be supplemented by subsequent filings ordered by the Court or required by statute or rule.
9.4 Electronic Signatures
Signatures executed via /s/ under LBR 5005-8 or via approved electronic filing system have the same force as original ink signatures.
X. EXECUTION BLOCKS
10.1 Debtor (Individual)
I declare under penalty of perjury that the foregoing is true and correct.
_____ Date: _//20
[Debtor Printed Name], Debtor
_____ Date: _//20
[Joint Debtor Printed Name], Joint Debtor
10.2 Debtor (Non-Individual Entity)
[____], a [State] [Entity Type]
By: ____
Name: [Authorized Representative]
Title: [_____]
Date: //20___
10.3 Attorney for Debtor
/s/_____ GA Bar No. _
[Attorney Name] Date: //20
[Law Firm Name]
[Address]
[Telephone] | [Email]
Attorney certifies compliance with Fed. R. Bankr. P. 9011 and discloses compensation on Form 2030.
10.4 Verification of Creditor Matrix
I, the undersigned Debtor or attorney, certify that the attached Master Mailing List (Matrix) of creditors is complete, correct, current, and consistent with Fed. R. Bankr. P. 1007(a)(1) and Local Bankr. R. ___.
_____ Date: _//20
[// GUIDANCE: Add notarial or witness blocks only if state-law notarization is desired; federal bankruptcy forms do not require notarization.]
XI. GEORGIA SCHEDULE OF EXEMPTIONS
(Pursuant to O.C.G.A. § 44-13-100; amounts effective as of [Review current statutory inflation-adjusted figures])
| Code § | Property Description | Statutory Dollar Limit (per debtor) | Claimed Amount | Remaining Equity | Status |
|---|---|---|---|---|---|
| (a)(1) | Homestead interest | $21,500 (or $43,000 joint) | $[ ] | $[ ] | □ Fully Exempt □ Partially |
| (a)(3) | Motor Vehicle | $5,000 | $[ ] | $[ ] | □ |
| (a)(4) | Household furnishings, clothing, etc. | $5,000 aggregate (≤ $300/item) | $[ ] | $[ ] | □ |
| (a)(6) | Jewelry | $500 | $[ ] | $[ ] | □ |
| (a)(7) | Tools of Trade | $1,500 | $[ ] | $[ ] | □ |
| (a)(8) | Unmatured life insurance cash value | Unlim. | $[ ] | — | □ |
| (a)(9) | Wrongful death recovery | Unlim. | $[ ] | — | □ |
| (a)(10) | Personal injury recovery | $10,000 | $[ ] | $[ ] | □ |
| (a)(11) | Lost future earnings | Unlim. | $[ ] | — | □ |
| (a)(12) | Social Security, unemployment, etc. | Unlim. | $[ ] | — | □ |
| (a)(13) | Retirement accounts (IRC-qualified) | Unlim. | $[ ] | — | □ |
| (a)(14) | Wildcard (unused homestead up to $10,000) | $[up to 10k] | $[ ] | $[ ] | □ |
[// GUIDANCE: Update dollar limits biennially (even-numbered years) per federal CPI adjustments; verify current figures before filing.]
XII. ANCILLARY ATTACHMENTS INDEX
A. Certificate of Credit Counseling (11 U.S.C. § 109(h))
B. Pay Advices Cover Sheet (last 60 days)
C. Corporate Resolution Authorizing Filing (if non-individual)
D. Record of Any Eviction Judgment (11 U.S.C. § 362(l))
E. Declaration Regarding Schedules (Official Form 106/206Dec)
F. Verification of Mailing Matrix
G. Local Form “Statement of Social Security Number” (N.D./M.D./S.D. Ga.)
H. Proposed Order on Application to Pay Filing Fee in Installments (if applicable)
[// GUIDANCE: Remove any attachment that does not apply; ensure each is properly labeled when uploading to CM/ECF.]
END OF MASTER CHAPTER 7 PETITION PACKAGE
[// GUIDANCE: This template satisfies Federal and Georgia-specific baseline requirements but must be customized to the debtor’s facts, the chosen Georgia district’s Local Rules, and any trustee “first-meeting packets.” Always check latest Official Forms, U.S. Trustee guidelines, and local procedural orders before filing.]