UNITED STATES BANKRUPTCY COURT

DISTRICT OF HAWAII

In re: Case No.: -
Chapter 7
[FULL LEGAL NAME OF DEBTOR 1]
[Social Security / ITIN: XXX-XX-_]
[Joint Debtor: FULL LEGAL NAME OF DEBTOR 2]
[Social Security / ITIN: XXX-XX-____]

Debtor(s).

VOLUNTARY PETITION FOR RELIEF UNDER CHAPTER 7

(“Petition”)

[// GUIDANCE: This template tracks Official Form 101 (individuals) / 201 (non-individuals) and integrates District of Hawaii local-rule requirements and Trustee practice pointers. Replace all bracketed items, attach all required Official Forms, and delete in-line guidance before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Voluntary Petition – Core Data (Official Form 101 / 201)
4. Schedules & Statements – Master Index
5. Representations & Declarations
6. Debtor Covenants Post-Petition
7. Automatic Stay Notice
8. Dispute Resolution; Governing Law
9. General Provisions
10. Execution Block
    Appendix A – Hawaii Exemption Schedule (Schedule C)
    Appendix B – Local Filing Checklist (D. Haw. LBR)
    Appendix C – Chapter 7 Trustee Standard Instructions

1. DOCUMENT HEADER

Effective Date: [MM/DD/YYYY]
Jurisdiction: United States Bankruptcy Court, District of Hawaii (“Court”)
Statutory Authority: 11 U.S.C. §§ 101 et seq. (the “Bankruptcy Code”)

Recitals
A. Debtor has determined that Debtor is unable to pay debts as they come due and desires to obtain a discharge of eligible debts pursuant to Chapter 7 of the Bankruptcy Code.
B. Debtor files this Petition to commence a voluntary bankruptcy case under 11 U.S.C. § 301.

2. DEFINITIONS

(The following defined terms are used throughout the Petition and accompanying schedules.)

“Bankruptcy Code” – Title 11 of the United States Code.
“Case” – The bankruptcy case commenced by the filing of this Petition.
“Court” – The United States Bankruptcy Court for the District of Hawaii.
“Debtor” – Collectively, [Debtor 1] and, if applicable, [Debtor 2].
“Petition Date” – The date stamped by the Clerk upon filing of this Petition.
“Schedule(s)” – The schedules, statements, and declarations required under Fed. R. Bankr. P. 1007 and Official Forms 101–106, 107, 108, 121.
“Trustee” – The Chapter 7 panel trustee appointed for this Case.
“Automatic Stay” – The injunction imposed by 11 U.S.C. § 362 immediately upon filing this Petition.

3. VOLUNTARY PETITION – CORE DATA

(Complete all fields; mirror Official Form 101/201 exactly. Electronically file the finished PDF through CM/ECF.)

Part 1 – Debtor Information

• Debtor’s full legal name: [_]
• All other names used in last 8 years: [_]
• Debtor’s address: [Street, City, HI ZIP]
• County of residence: [_]
• Mailing address (if different): [_]
• Debtor type: ☐ Individual   ☐ Corporation   ☐ LLC   ☐ Partnership   ☐ Other: [____]

Part 2 – Joint Debtor (If Any)

[Replicate the above fields for Joint Debtor.]

Part 3 – Statistics

• Estimated number of creditors: [☐ 1-49 ☐ 50-99 ☐ 100-199 ☐ 200-999 ☐ 1,000-over]
• Estimated assets: [☐ $0-$50k ☐ $50k-$100k ☐ $100k-$500k ☐ $500k-$1 M ☐ $1 M-over]
• Estimated liabilities: [Same brackets]

Part 4 – Prior & Pending Bankruptcy Cases

☐ None   ☐ Debtor(s) have filed within 8 years: Case No. [_] (District [], Date [__]).

Part 5 – Certification of Credit Counseling

☐ Certificate attached   ☐ Exigent circumstances certification attached (per 11 U.S.C. § 109(h)(3)).

Part 6 – Payment or Transfer to Attorneys/Insiders

[Disclose all within 1 year pre-petition.]

Part 7 – Debtor’s Signature

I declare under penalty of perjury that the information provided in this Petition is true and correct.
[Signature block appears in Section 10 below.]

Part 8 – Attorney Signature

[Attorney signs per LBR 5005-2; include HI bar number.]

4. SCHEDULES & STATEMENTS – MASTER INDEX

Attach the following completed Official Forms (check when prepared):

☐ Schedule A/B – Property
☐ Schedule C – Exemptions (use Appendix A for HI-specific selections)
☐ Schedule D – Secured Claims
☐ Schedule E/F – Unsecured Claims
☐ Schedule G – Executory Contracts & Unexpired Leases
☐ Schedule H – Codebtors
☐ Schedule I – Income
☐ Schedule J – Expenses
☐ Summary of Assets & Liabilities (Form 106Sum)
☐ Declaration About an Individual Debtor’s Schedules (Form 106Dec)
☐ Statement of Financial Affairs (SOFA – Form 107)
☐ Statement of Intention (Form 108)
☐ Statement of Social-Security Numbers (Form 121) – SUBMIT NON-PUBLIC

Local District of Hawaii Additions (file as separate PDFs):
☐ Matrix/List of Creditors (LBR 1007-1)
☐ Declaration re: Electronic Filing (HI LBR Form ED)
☐ Notice of Compliance with Means Test (Form 122A-1 / 122A-1Supp)

[// GUIDANCE: The Clerk’s automated case-opening module rejects filings without every item above. Upload in the exact sequence shown.]

5. REPRESENTATIONS & DECLARATIONS

1. Accuracy of Information. Debtor represents that all information provided in this Petition and the Schedules is true, correct, and complete to the best of Debtor’s knowledge, information, and belief.
2. Good-Faith Filing. Debtor represents that this Petition is filed in good faith and not for an improper purpose such as delay or harassment.
3. Asset Disclosure. Debtor agrees that any asset discovered post-petition shall be promptly disclosed to the Trustee.
4. Cooperation. Debtor agrees to comply with 11 U.S.C. § 521(a) duties, including turnover of tax returns, pay advices, and attendance at the § 341 meeting.
5. Means Test. Debtor affirms completion of the applicable Statement of Current Monthly Income (Official Form 122A-1) and any required calculations under § 707(b).

6. DEBTOR COVENANTS POST-PETITION

a. Payment of Domestic Support Obligations (“DSOs”) timely after the Petition Date.
b. Maintenance of insurance on any collateral securing debts.
c. Prompt filing of tax returns becoming due post-petition.
d. Immediate notice to the Court and Trustee of any change of address or employment.
e. Reaffirmation/Redemption. Debtor shall file all reaffirmation agreements or motions to redeem personal property not later than 45 days after the § 341 meeting unless extended by Court order.

7. AUTOMATIC STAY NOTICE

Pursuant to 11 U.S.C. § 362(a), the filing of this Petition operates as a stay of most creditor actions against Debtor, property of Debtor, and property of the estate. Creditors violating the stay may be liable for damages under § 362(k).

8. DISPUTE RESOLUTION; GOVERNING LAW

a. Governing Law. This Case is governed exclusively by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure (“FRBP”), and the Local Bankruptcy Rules for the District of Hawaii.
b. Forum. The United States Bankruptcy Court for the District of Hawaii shall be the exclusive forum for any dispute arising in or related to this Case.
c. Arbitration. Not applicable; core bankruptcy matters are non-arbitrable.
d. Jury Trial. Jury trials on core proceedings are limited pursuant to 28 U.S.C. § 157(e) and Fed. R. Bankr. P. 9015; Debtor does not consent to jury trial in any non-Article III forum.
e. Injunctive Relief. Debtor acknowledges the statutory injunctions of §§ 362 and 524 and reserves the right to seek further injunctive relief as necessary.

9. GENERAL PROVISIONS

1. Amendment. Debtor may amend the Petition, Schedules, or Statements as of right before the Case is closed in accordance with Fed. R. Bankr. P. 1009(a).
2. Severability. If any provision of this Petition is held invalid, the remaining provisions shall remain in full force to the extent not inconsistent with the Bankruptcy Code.
3. Entire Filing. This Petition, together with all Schedules, Statements, and appendices, constitutes the entire voluntary filing under Chapter 7 and supersedes any prior drafts.
4. Electronic Signatures. Pursuant to HI LBR 5005-4, /s/ electronic signatures are accepted for CM/ECF filing provided the attorney retains original wet signatures for 5 years.
5. Copies. Debtor shall provide paper copies of this Petition to any party in interest upon reasonable request.

10. EXECUTION BLOCK

Debtor 1

[Typed Name of Debtor 1]
Date: __
Address: ______
Telephone: (__) _-_
Email: ________

Debtor 2 (if filing jointly)

[Typed Name of Debtor 2]
Date: ______

Attorney for Debtor(s)

[Attorney Name, Firm]
HI Bar No.: __
Address: ______
Telephone: (808) __
Email: _____
Date: ___

Attorney Certification per 11 U.S.C. § 707(b)(4) and FRBP 9011: I have no knowledge after an inquiry that the information in the Petition is incorrect.

[Seal / Notary block not required under federal rules; however, Hawaii acknowledgments may be used if debtor signs outside attorney’s presence.]

APPENDIX A

HAWAII EXEMPTION SCHEDULE (SCHEDULE C)

[// GUIDANCE: Hawaii allows debtors to elect either the federal exemptions under 11 U.S.C. § 522(d) or the Hawaii state exemptions. Debtor must choose one system only. Insert values current as of the Petition Date.]

Example template:

APPENDIX B

DISTRICT OF HAWAII FILING CHECKLIST

☐ Pay filing fee $338 (unless fee-installment or IFP application filed).
☐ Upload creditor matrix in .txt format (LBR 1007-1(b)).
☐ Provide Declaration re: Electronic Filing within 7 days (LBR Form ED).
☐ Deliver to Trustee: last two years’ tax returns and 60 days’ pay advices at least 7 days before § 341 meeting (11 U.S.C. § 521(e)(2)).
☐ Attend § 341 meeting (usually held via Zoom; check Trustee notice).
☐ Complete financial-management course and file certificate (Official Form 423) within 60 days of first date set for § 341 meeting (FRBP 1007(b)(7)).

APPENDIX C

CHAPTER 7 TRUSTEE STANDARD INSTRUCTIONS (DISTRICT OF HAWAII)

1. Send requested documents to Trustee’s office by secure portal or encrypted email.
2. Bring government-issued photo ID and proof of SSN to § 341 meeting.
3. Endorse all insurance proceeds and tax refunds payable to the estate upon demand.
4. Do not dispose of any asset without written Trustee consent.
5. Alert Trustee immediately of any post-petition inheritance, lawsuit proceeds, or other windfall (11 U.S.C. § 541(a)(5)).

[// GUIDANCE: Once fully populated, save as a single PDF packet with OCR enabled. Verify that personal identifiers are redacted from public-facing documents in conformity with Fed. R. Bankr. P. 9037.]