United States Bankruptcy Court

District of Maryland

Voluntary Petition for Individuals Filing for Chapter 7 Bankruptcy

(Comprehensive Drafting Template – Maryland)

[// GUIDANCE: This template is designed to accompany—and not replace—the Official Bankruptcy Forms (e.g., Official Form 101, 106 series, 107, 108, 122A-1/A-2). It integrates all Maryland-specific requirements, local rules, and trustee practices so counsel can assemble a complete, court-ready filing package. Replace all bracketed text before filing.*]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Petition & Schedules)
IV. Representations & Warranties
V. Covenants & Continuing Duties
VI. Default & Remedies (Automatic Stay Violations)
VII. Risk Allocation (Discharge/Liability Caps)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Case Caption
   • United States Bankruptcy Court for the District of Maryland
   • Division: [Greenbelt / Baltimore]
   • Case No.: [To be assigned]
   • Chapter: 7
   • Judge: [Name of Bankruptcy Judge]

2. Petitioning Debtor(s)
   • Debtor 1 (Name, SSN, Address)
   • Debtor 2 (If joint case)

3. Effective Filing Date
   • “[DATE]” (date petition is filed via CM/ECF or in person)

4. Jurisdiction & Venue
   • This Court has jurisdiction under 28 U.S.C. §§ 1334(a) & 157(a); venue is proper pursuant to 28 U.S.C. § 1408.

II. DEFINITIONS

For ease of use in all schedules, statements, and this template package:

“Automatic Stay” means the injunction arising under 11 U.S.C. § 362 upon the filing of the Petition.
“Debtor” means the individual(s) commencing this Chapter 7 case.
“Exempt Property” means property claimed exempt under Maryland Code Ann., Cts. & Jud. Proc. § 11-504 and 11 U.S.C. § 522(b)(2).
“Petition” means the voluntary petition (Official Form 101) and all accompanying schedules, statements, and declarations required for a Chapter 7 filing.
“Trustee” means the Chapter 7 panel trustee appointed pursuant to 11 U.S.C. § 701.

III. OPERATIVE PROVISIONS

A. Voluntary Petition (Official Form 101)
1. Complete all mandatory fields.
2. Check the “Individual” and “Chapter 7” boxes.
3. Select “No” for Assuming Business Debts unless applicable.
4. Provide prior bankruptcy case numbers within 8 years.

B. Schedules (Official Forms 106A/B – 106J)
[// GUIDANCE: Insert “See attached Schedule [•]” whenever additional sheets are required.]

1. Schedule A/B – Property
   • List all real and personal property with estimated current values.
2. Schedule C – Exemptions (Maryland-Specific)
   • Cite Md. Code Ann., Cts. & Jud. Proc. § 11-504(b)(4) for the $6,000 “wild-card.”
   • Apply federal non-bankruptcy exemptions where advantageous (e.g., veteran benefits).
3. Schedule D – Secured Claims
4. Schedule E/F – Unsecured Claims (Priority/Non-priority)
5. Schedule G – Executory Contracts & Unexpired Leases
6. Schedule H – Codebtors
7. Schedule I – Current Income
8. Schedule J – Current Expenditures

C. Summary of Assets & Liabilities (Form 106Sum)
D. Declaration About Debtor’s Schedules (Form 106Dec)
E. Statement of Financial Affairs (Form 107)
F. Statement of Intention (Form 108)
G. Means Test Calculation (Forms 122A-1 & 122A-2)
H. Verification of Creditor Matrix (Local Rule 1007-1)

IV. REPRESENTATIONS & WARRANTIES

1. Accuracy of Information
   Debtor represents that all information provided in the Petition, Schedules, and Statements is true, correct, and complete to the best of Debtor’s knowledge, information, and belief.

2. Credit Counseling Compliance
   Debtor warrants completion of an approved credit-counseling briefing within 180 days pre-petition, or qualifies for a valid exemption per 11 U.S.C. § 109(h)(4).

3. Eligibility
   Debtor represents that he/she has not received a Chapter 7 discharge within 8 years prior to the Petition Date and is otherwise eligible under 11 U.S.C. §§ 109 & 727(a)(8).

4. Materiality & Survival
   The foregoing representations shall be deemed material and shall survive the entry of discharge for purposes of 11 U.S.C. § 727(d) (revocation) and § 523 (exceptions).

V. COVENANTS & CONTINUING DUTIES

1. Document Turnover
   Debtor shall provide the Trustee with the following at least 7 days before the § 341 meeting:
   a. Most recent two years of federal/state tax returns;
   b. 60 days of pre-petition pay advices;
   c. Bank statements covering the petition date;
   d. Proof of vehicle and real-property insurance.

2. Cooperation with Trustee
   Debtor covenants to cooperate under 11 U.S.C. § 521(a)(3), including executing documents, providing information, and surrendering non-exempt assets.

3. Post-Petition Asset Acquisition
   Debtor shall report, in writing, any inheritance, divorce settlement, or life-insurance proceeds received within 180 days after filing (11 U.S.C. § 541(a)(5)).

4. Notice of Address Change
   Debtor shall file a notice of change of address within 14 days of relocation (Local Rule 9010-3).

VI. DEFAULT & REMEDIES (AUTOMATIC STAY VIOLATIONS)

1. Events of Default
   a. Creditor attempts to collect pre-petition debt;
   b. Repossession, foreclosure, or garnishment post-petition without relief from stay.

2. Notice & Cure
   Before seeking sanctions, Debtor’s counsel shall give written notice to the offending party and a 5-day cure opportunity unless irreparable harm is imminent.

3. Remedies
   a. Actual damages, including costs and attorney’s fees (11 U.S.C. § 362(k)(1));
   b. Punitive damages where willful conduct is shown;
   c. Declaratory and injunctive relief from the Court.

VII. RISK ALLOCATION

1. Discharge as Liability Cap
   Upon entry of a discharge order under 11 U.S.C. § 727, Debtor’s personal liability for dischargeable debts shall be permanently enjoined.

2. Nondischargeability Carve-Outs
   Debtor acknowledges that liabilities under 11 U.S.C. § 523(a) (e.g., certain taxes, student loans, domestic-support obligations, fraud debts) survive discharge.

3. Force Majeure
   Not applicable—statutory framework governs.

VIII. DISPUTE RESOLUTION

1. Governing Law
   Matters arising under the Bankruptcy Code shall be governed by federal law; state law governs non-bankruptcy issues to the extent incorporated by 11 U.S.C. § 544 or § 548.

2. Forum Selection
   Exclusive jurisdiction in the United States Bankruptcy Court for the District of Maryland.

3. Arbitration
   Not available; core proceedings are non-arbitrable absent Court order.

4. Jury Waiver
   Jury trials are limited and require District Court withdrawal; parties knowingly waive jury trial rights in any non-withdrawn core proceeding.

5. Injunctive Relief
   The statutory Automatic Stay provides immediate injunctive relief upon filing.

IX. GENERAL PROVISIONS

1. Amendments & Supplements
   Debtor may amend Schedules and Statements as of right before the case is closed (Fed. R. Bankr. P. 1009(a)); notice must be served on all affected parties.

2. Severability
   If any portion of this Petition or accompanying schedules is invalidated, all remaining portions shall remain in full force to the extent practicable.

3. Integration
   This Petition package, including Official Forms and any amendments, constitutes the entire filing required under Chapter 7.

4. Electronic Signatures
   Pursuant to Local Rule 9011-4, /s/ [Attorney Name] is accepted in lieu of an original signature for CM/ECF filings; debtor wet signatures must be retained for 3 years.

X. EXECUTION BLOCK

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

Debtor 1: _____
Print Name: _________

Debtor 2 (if any): ____
Print Name: _________

Counsel for Debtor(s):
/s/ [ATTORNEY NAME]
[Bar No.] | [Firm Name]
[Address] | Tel: [•] | Email: [•]

Notary Acknowledgment (if local practice requires for in-person filings):

State of Maryland
County of __
Subscribed and sworn before me on [DATE] by the above-named Debtor(s).
Notary Public: __
My commission expires: __

ATTACHMENTS CHECKLIST (MARYLAND)

1. Creditor Mailing Matrix (.txt)
2. Certificate of Credit Counseling
3. Pay Advices Cover Sheet (Local Form L.B.F. 1)
4. Corporate Ownership Statement (if any)
5. Verification of Matrix
6. Declaration Regarding Electronic Filing (if applicable)
7. Application to Pay Filing Fee in Installments or Waive Fee (if required)

[// GUIDANCE: Confirm current local forms at https://www.mdb.uscourts.gov before filing.]

End of Template