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Bankruptcy Petition - Chapter 7
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CHAPTER 7 VOLUNTARY BANKRUPTCY PETITION PACKAGE

United States Bankruptcy Court for the [☐ Eastern | ☐ Middle | ☐ Western] District of Louisiana
(In re [DEBTOR NAME], Debtor)


[// GUIDANCE:
1. This template tracks Official Bankruptcy Forms (OBFs) 101, 106-Summary/A-J, 107, 108, 121, 122A-1/A-2, and related local forms for Louisiana.
2. Square brackets and ALL-CAPS text indicate fields that MUST be customized before filing.
3. Consult the selected District’s Local Rules and Standing Orders for any additional signature pages, matrix requirements, or electronic filing protocols.
4. All citations to Title 11 of the United States Code (the “Bankruptcy Code”) are foundational, per drafting policy.]


TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Voluntary Petition)
IV. Representations & Warranties (Debtor Certifications)
V. Covenants & Restrictions (Post-Petition Duties)
VI. Default & Remedies (Case Dismissal / Denial of Discharge)
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Appendix A – Louisiana Schedule C Exemption Worksheet
Appendix B – Trustee & Local Rule Compliance Checklist


I. DOCUMENT HEADER

  1. Title: “Voluntary Petition for Individuals Filing for Bankruptcy (Chapter 7)”
  2. Debtor(s): [FULL LEGAL NAME]   SSN/ITIN: -*-[LAST 4]
    (Optional Joint Debtor) [FULL LEGAL NAME]   SSN/ITIN: -*-[LAST 4]
  3. All Other Names Used in past 8 years: [LIST OR “N/A”]
  4. Address: [STREET, CITY, PARISH, LA ZIP]
  5. Chapter Requested: Chapter 7 (Liquidation)
  6. Nature of Debtor: ☐ Individual  ☐ Joint (Spouse)
  7. Attorney of Record: [NAME, BAR NO.], Firm: [LAW FIRM], Address, Phone, E-mail
  8. Filing Fee: ☐ Paid in Full  ☐ Installment Application Attached  ☐ Waiver Request Attached

II. DEFINITIONS

“Automatic Stay” – the injunction imposed by 11 U.S.C. § 362(a) upon filing.
“Bankruptcy Court” – the United States Bankruptcy Court for the selected Louisiana District.
“Bankruptcy Code” – Title 11 of the United States Code.
“Debtor” – the individual(s) identified in Section I.
“Petition Date” – the date this voluntary petition is filed under 11 U.S.C. § 301.
“Schedules” – collectively, Official Forms 106A/B through 106J and summary.
“Trustee” – the interim Chapter 7 trustee appointed under 11 U.S.C. § 701.


III. OPERATIVE PROVISIONS (VOLUNTARY PETITION)

A. Jurisdictional Statement
1. The Debtor commences a voluntary case under Chapter 7 pursuant to 11 U.S.C. § 301(a).
2. Venue is proper in this District because the Debtor has resided or maintained a principal residence in Louisiana for the greater part of 180 days preceding the Petition Date.

B. Statistical/Administrative Information (OBF 101 Part 4)
• Estimated number of creditors: [] • Estimated assets: [$] • Estimated liabilities: [$__]
• Nature of debts: ☐ Consumer  ☐ Business  ☐ Mixed

C. Payment of Filing Fee (OBF 101 Part 5)
☐ Filing fee attached ☐ Application for installment payments attached ☐ Application for waiver attached

D. Credit Counseling Compliance (OBF 101 Part 5, line 9)
☐ Certificate of completion within 180 days of Petition Date
☐ Request for temporary waiver under exigent circumstances

E. Exhibits
• Exhibit C: Copy of debt repayment plan, if one exists.
• Exhibit D: Corporate ownership statement (if applicable).


IV. REPRESENTATIONS & WARRANTIES

  1. Accuracy. The Debtor represents that all information contained in this Petition, Schedules, Statements, and any attached exhibits is true and correct to the best of the Debtor’s knowledge, information, and belief, formed after reasonable inquiry.
  2. Eligibility. The Debtor is eligible for relief under Chapter 7 and is not barred by a prior discharge under 11 U.S.C. § 727(a)(8) or (9).
  3. Good-Faith Filing. This Petition is not filed for any improper purpose such as to hinder, delay, or defraud creditors.
  4. Credit Counseling. The Debtor has satisfied the requirements of 11 U.S.C. § 109(h) or seeks a statutory exemption.
  5. Complete Disclosure. All assets, liabilities, income, and expenditures have been fully disclosed or will be disclosed in the accompanying Schedules and Statements.
  6. Domestic Support Obligations. The Debtor has listed all holders of domestic support obligations, if any, on Schedule E/F.

[// GUIDANCE: Place any supplemental representations (e.g., non-consumer debts > 50%, small business debtor status) here.]


V. COVENANTS & RESTRICTIONS

  1. Document Production. The Debtor shall provide to the Trustee, no later than seven (7) days before the § 341(a) Meeting of Creditors, copies of tax returns, pay advices, and any other documents requested under 11 U.S.C. § 521(e)(2).
  2. Cooperation. The Debtor shall cooperate with the Trustee in the administration of the estate, including turnover of non-exempt property and execution of any additional documents reasonably requested.
  3. Post-Petition Asset Acquisition. The Debtor shall amend Schedule A/B within 14 days of acquiring any property or rights to property by inheritance, bequest, devise, or life-insurance proceeds to the extent required by 11 U.S.C. § 541(a)(5).
  4. Change of Address. The Debtor must promptly file a notice of any change in mailing address until the case is closed.
  5. Tax Returns. The Debtor shall timely file all post-petition federal and state income tax returns.

VI. DEFAULT & REMEDIES

  1. Material Misstatement or Omission. If any representation herein is materially false or if the Debtor fails to comply with post-petition duties, the Bankruptcy Court may:
    a. Dismiss the case for cause;
    b. Deny or revoke discharge under 11 U.S.C. § 727; and/or
    c. Impose sanctions, including costs and attorneys’ fees.
  2. Failure to Appear. Failure to attend the § 341(a) Meeting without excuse constitutes cause for dismissal.
  3. Means Test Abuse. Upon motion by the U.S. Trustee, a finding of abuse under 11 U.S.C. § 707(b) may result in dismissal or conversion to Chapter 13.

VII. RISK ALLOCATION

  1. Discharge. Subject to § 523 and § 727, entry of a discharge will permanently enjoin collection on discharged debts.
  2. Non-Dischargeable Debts. The Debtor acknowledges that certain categories of debts (e.g., most taxes, student loans, domestic support obligations) are excepted from discharge.
  3. Exemptions. The Debtor elects Louisiana state law exemptions as set forth in Appendix A.
  4. Indemnification & Liability Caps. Not applicable; liabilities are subject to potential discharge.

VIII. DISPUTE RESOLUTION

  1. Governing Law. Federal; specifically, the Bankruptcy Code, relevant provisions of Title 28, and the Federal Rules of Bankruptcy Procedure.
  2. Forum Selection. Exclusive jurisdiction lies in the United States Bankruptcy Court for the selected Louisiana District.
  3. Arbitration. Not available for core bankruptcy matters.
  4. Jury Trial. Jury trials, where permitted, may only be conducted by the District Court upon proper motion and withdrawal of the reference.
  5. Injunctive Relief. The Automatic Stay under 11 U.S.C. § 362 operates as an injunction against collection efforts absent court order.

IX. GENERAL PROVISIONS

  1. Amendments. The Debtor may amend Schedules and Statements as a matter of course before case closure; notice must be given to affected parties.
  2. Severability. Invalidity of any provision does not affect the enforceability of remaining provisions.
  3. Integration. This Petition, the attached Schedules, Statements, and local forms constitute the entire filing package required to commence the case.
  4. Electronic Signatures. Permitted if compliant with Administrative Procedures for Electronic Filing in the selected District.
  5. Counterparts. This Petition may be executed in multiple counterparts, each of which is deemed an original.

X. EXECUTION BLOCK

Debtor Declaration (OBF 101 Part 7):

I, [DEBTOR NAME], declare under penalty of perjury that the information provided in this Petition and the accompanying documents is true and correct.

Date: _//__    Signature: _____
[JOINT DEBTOR, if any]    Signature:
_____

Attorney Declaration (OBF 101 Part 9):

Date: _//__    Signature: _____
[PRINT NAME], La. Bar No. [
_]
Firm: [LAW FIRM NAME]

Non-Attorney Bankruptcy Petition Preparer (if any):
[INSERT “NONE” OR COMPLETE OBF 119]

Notary Acknowledgment (if required by local rule):
State of Louisiana, Parish of [__]
Subscribed and sworn before me on
__/_/___, by [NAME(S)].

Notary Public: ___  My commission expires: __


APPENDIX A – LOUISIANA SCHEDULE C EXEMPTION WORKSHEET

[// GUIDANCE: Louisiana has opted out of federal exemptions; below is a non-exhaustive list. Confirm current dollar amounts before filing.]

Category Statutory Cap* Citation (omit if uncertain) Description / Notes
Homestead $35,000 equity Principal residence within one block of land; spouse must also claim if joint.
Tools of Trade $7,500 aggregate Implements, tools, instruments used in trade or profession.
Motor Vehicle 1 vehicle up to $7,500 equity Applies per debtor.
Wages 75% weekly disposable earnings Greater protection for head of household.
Household Furnishings Reasonable & necessary Standard items—beds, clothing, appliances.
Cash Surrender Value (Life Insurance) Unlimited For policies with the debtor, spouse, or children as beneficiaries.
Pension / Retirement Unlimited ERISA-qualified plans, public pensions.
Firearms, Animals, Poultry $500 aggregate Rural/agricultural exemptions.

*Adjust for any biennial CPI adjustments or statutory amendments.


APPENDIX B – TRUSTEE & LOCAL RULE COMPLIANCE CHECKLIST

☐ Mail creditor matrix in proper .txt format (Local Rule 1007-2).
☐ Provide 60 days of pay stubs to Trustee (§ 521(a)(1)(B)(iv)).
☐ Deliver copies of last-filed federal and state tax returns to Trustee at least 7 days pre-§ 341 meeting (§ 521(e)(2)).
☐ Attend § 341(a) Meeting (typically 30–45 days post-petition).
☐ File Statement of Intention (Official Form 108) within 30 days of Petition Date or by the § 341 meeting, whichever is earlier (§ 521(a)(2)).
☐ Complete financial management course and file Form 423 within 60 days after the first date set for the § 341 meeting (§ 727(a)(11)).
☐ Review and comply with any standing orders on reaffirmation agreements, redaction of personal identifiers, and electronic signature requirements.


[// GUIDANCE:
1. Attach additional pages or schedules as necessary; label each attachment in conformity with Official Bankruptcy Form conventions.
2. Before filing, perform a line-by-line check against the current version of each Official Form to ensure no formatting changes have occurred.
3. Electronically submit via CM/ECF unless pro se filing on paper.
4. Retain wet-ink signature pages for four (4) years as required by Local Rule 5005-4.]


End of Template

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