IMPORTANT NOTICE
This template is offered strictly as a drafting aid for licensed attorneys.
It does not create an attorney-client relationship, nor is it a substitute for the Official Bankruptcy Forms issued by the U.S. Courts. Those Official Forms must be filed; however, many practitioners supplement them with a consolidated “Petition Rider” such as the document below to:
• ensure consistency across all schedules,
• memorialize debtor representations and covenants in a single instrument for use with the trustee and the court, and
• accommodate state-specific exemption language and local-rule requirements.
Customize all bracketed items before use and confirm compliance with the Local Bankruptcy Rules for the Northern or Southern District of Indiana, as applicable.
CHAPTER 7 VOLUNTARY PETITION RIDER
United States Bankruptcy Court for the [NORTHERN | SOUTHERN] District of Indiana
In re : [DEBTOR LEGAL NAME] (“Debtor”)
Case No. : [To Be Assigned]
Chapter 7
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Exhibits & Schedules (Checklist)
1. DOCUMENT HEADER
1.1 Effective Date. This Petition Rider (“Rider”) is effective as of the date the underlying Voluntary Petition (Official Form 101 or 201) is filed with the Court (the “Petition Date”).
1.2 Parties.
(a) Debtor: [DEBTOR FULL LEGAL NAME], SSN/FEIN: [XXX-XX-9999]
(b) Joint Debtor (if any): [JOINT DEBTOR NAME], SSN: [XXX-XX-9999]
(c) Chapter 7 Trustee (once appointed): [TRUSTEE NAME]
1.3 Recitals.
A. Debtor is eligible for relief under chapter 7 of title 11 of the United States Code (the “Bankruptcy Code”).
B. Debtor seeks a discharge of pre-petition debts pursuant to 11 U.S.C. § 727 and the protections of the automatic stay under 11 U.S.C. § 362.
C. Debtor files this Rider to supplement the Official Forms and to memorialize additional state-specific disclosures and undertakings required by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure (“FRBP”), and the Local Rules of this District (“Local Rules”).
[// GUIDANCE: Insert district-specific rule citations here, e.g., L.R.-B-1007-1 for the Southern District.]
2. DEFINITIONS
The following capitalized terms are used throughout this Rider. Terms not defined herein have the meanings assigned in the Bankruptcy Code or FRBP.
“Assets” – All legal or equitable interests of Debtor in property as of the Petition Date, whether scheduled or unscheduled.
“Automatic Stay” – The injunction arising under 11 U.S.C. § 362 immediately upon filing the Petition.
“Bankruptcy Estate” – The estate created under 11 U.S.C. § 541 upon commencement of the case.
“Exempt Property” – Assets claimed exempt under Schedule C pursuant to Indiana statutory exemptions (Ind. Code 34-55-10 et seq.) and any federal non-bankruptcy exemptions.
“Petition” – The Voluntary Petition and all required Official Forms, Schedules, Statements, and this Rider, collectively.
“Trustee” – The duly appointed interim or permanent chapter 7 trustee.
3. OPERATIVE PROVISIONS
3.1 Petition for Relief. Debtor hereby petitions for relief under chapter 7 and requests entry of an order for liquidation and, upon completion, a discharge of all dischargeable debts.
3.2 Schedules & Statements. Debtor has executed and caused to be filed, contemporaneously herewith:
(a) Schedules A/B through J;
(b) Summary of Assets and Liabilities;
(c) Statement of Financial Affairs (“SOFA”);
(d) Chapter 7 Statement of Current Monthly Income (Official Form 122A-1) and, if applicable, Statement of Exemption from Presumption of Abuse (Form 122A-1Supp) or Means Test Calculation (Form 122A-2); and
(e) Certificate of Credit Counseling and Debt Repayment Plan, if any.
3.3 Exemption Schedule – Indiana Specific. Debtor claims the exemptions set out on Schedule C in accordance with Indiana Code 34-55-10 et seq., including but not limited to:
• Homestead Exemption – [$ amount]
• Non-Homestead Real Estate – [$ amount]
• Personal Property & Intangibles – [$ amount]
• IRA/Qualified Retirement Accounts – 100 % exempt where applicable.
[// GUIDANCE: Update amounts to reflect the current statutory dollar limits in effect on the Petition Date; confirm annual CPI adjustments.]
3.4 Creditor Matrix. Debtor has filed a complete and accurate mailing matrix pursuant to Local Rule [LR-B-1007-1].
3.5 Filing Fee. The statutory filing fee has been:
☐ paid in full; ☐ paid in installments pursuant to FRBP 1006; or ☐ waived per 28 U.S.C. § 1930(f).
4. REPRESENTATIONS & WARRANTIES
4.1 Accuracy. Debtor represents under penalty of perjury that the information contained in the Petition, Schedules, and this Rider is true and correct to the best of Debtor’s knowledge, information, and belief.
4.2 Completeness. Debtor has disclosed all Assets and all creditors, including contingent, unliquidated, and disputed claims.
4.3 Prior Filings. All prior bankruptcy cases filed by Debtor within the past eight (8) years are listed on the Petition.
4.4 Means Test Eligibility. Debtor represents that the calculation of current monthly income is accurate and, if applicable, the presumption of abuse under 11 U.S.C. § 707(b) has been correctly addressed.
4.5 Tax Compliance. Debtor has filed all federal and state income tax returns required for the four (4) years preceding the Petition Date or lists any outstanding returns on Schedule E/F.
4.6 Survival. The representations and warranties in this Section survive the closing of the case to the extent relevant to the determination of dischargeability.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation with Trustee. Debtor shall:
(a) appear at the § 341 meeting of creditors;
(b) provide to the Trustee at least seven (7) days before the § 341 meeting copies of the two most recent federal tax returns and sixty (60) days of pay stubs;
(c) surrender possession of non-exempt property as requested; and
(d) execute any additional documents reasonably required to administer the Bankruptcy Estate.
5.2 Post-Petition Asset Reporting. Debtor shall promptly notify the Trustee of any inheritance, property settlement, or life-insurance proceeds to which Debtor becomes entitled within 180 days after the Petition Date.
5.3 Prohibition on Transfers. Except as authorized by the Bankruptcy Code or court order, Debtor shall not transfer, encumber, or dispose of any property of the Estate.
5.4 Compliance with Local Rules. Debtor and Debtor’s counsel shall comply with all standing orders and Local Rules of this District, including any supplemental document production protocols adopted by the chapter 7 trustee panel.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute defaults:
(a) Failure to appear at the § 341 meeting;
(b) Failure to turn over non-exempt property or required financial information;
(c) Providing materially false information;
(d) Failure to perform any covenant herein.
6.2 Notice & Cure. Upon written notice from the Trustee specifying the default, Debtor shall have fourteen (14) days to cure, unless a shorter period is ordered by the Court.
6.3 Trustee & Court Remedies. If a default is not timely cured, the Trustee or any party in interest may seek:
(a) dismissal of the case;
(b) denial or revocation of discharge;
(c) sanctions under FRBP 9011; and/or
(d) any other relief authorized by the Bankruptcy Code.
6.4 Attorneys’ Fees. The Court may award reasonable attorneys’ fees and costs to any party prevailing on a motion to enforce the provisions of this Rider.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable—indemnification obligations are inconsistent with the statutory scheme of chapter 7.
7.2 Limitation of Liability. Upon entry of a discharge, Debtor’s personal liability is limited in accordance with 11 U.S.C. § 524, subject to exceptions set forth in 11 U.S.C. § 523.
7.3 Force Majeure. None—federal law governs all timing and performance obligations herein.
8. DISPUTE RESOLUTION
8.1 Governing Law. All questions arising under this Rider are governed by the Bankruptcy Code, FRBP, and, where not inconsistent, the laws of the State of Indiana.
8.2 Forum Selection. The United States Bankruptcy Court for the [Northern | Southern] District of Indiana has exclusive jurisdiction.
8.3 Arbitration. Not available—core bankruptcy matters are non-arbitrable.
8.4 Jury Trial Waiver. To the fullest extent permitted, Debtor waives any right to a jury trial in proceedings arising under, or related to, this bankruptcy case.
8.5 Injunctive Relief. The Automatic Stay under 11 U.S.C. § 362 constitutes an injunction enforceable by this Court; parties violating the stay are subject to sanctions under 11 U.S.C. § 362(k).
9. GENERAL PROVISIONS
9.1 Amendments. Debtor may amend the Petition or any schedule as of right before the case is closed pursuant to FRBP 1009(a).
9.2 Assignment. Rights and obligations under this Rider are not assignable except by operation of law.
9.3 Severability. If any provision is unenforceable, the remaining provisions remain in full force.
9.4 Integration. This Rider, together with the Official Forms and any subsequently filed amendments, constitutes the entire agreement of the parties with respect to the subject matter herein.
9.5 Counterparts; Electronic Signatures. This Rider may be executed in counterparts. Signatures transmitted by electronic means are deemed originals under FRBP 5005(a)(2) and applicable local electronic-filing procedures.
10. EXECUTION BLOCK
Executed under penalty of perjury on [DATE].
Debtor:
[DEBTOR NAME], Debtor
Joint Debtor (if any):
[JOINT DEBTOR NAME], Joint Debtor
Counsel for Debtor:
[ATTORNEY NAME] (# Bar ID)
[LAW FIRM NAME]
[ADDRESS] • [PHONE] • [EMAIL]
State of Indiana )
County of ____ ) SS:
Subscribed and sworn before me this ___ day of ____, 20__.
Notary Public
My commission expires: _
County of residence: _
11. EXHIBITS & SCHEDULES – CHECKLIST
☐ Exhibit A: Certificate of Credit Counseling
☐ Exhibit B: Pay-Advice Cover Sheet (60-Day Evidence of Income)
☐ Schedule A/B – Real & Personal Property
☐ Schedule C – Indiana Exemptions
☐ Schedule D – Secured Claims
☐ Schedule E/F – Priority & Non-Priority Unsecured Claims
☐ Schedule G – Executory Contracts/Unexpired Leases
☐ Schedule H – Codebtors
☐ Schedule I – Income
☐ Schedule J – Expenses
☐ SOFA – Statement of Financial Affairs
☐ Form 122A-1 / 122A-2 – Means Test
☐ Verification of Creditor Matrix
☐ Local Rule-Mandated Documents (District-specific)
[// GUIDANCE: Use this checklist at the closing conference with the client to ensure every required form is finalized and uploaded to CM/ECF.]
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