Templates Financial Banking Bankruptcy Petition - Chapter 7
Bankruptcy Petition - Chapter 7
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CHAPTER 7 VOLUNTARY PETITION

UNITED STATES BANKRUPTCY COURT

DISTRICT OF MAINE

[// GUIDANCE: This template follows the structure of Official Form 101 (individual) / 201 (non-individual) together with all core federal requirements, District of Maine Local Rules, and Maine-specific exemption provisions. Replace every bracketed item before filing. Attach all required Official Schedules, Statements, and Local Forms.]


TABLE OF CONTENTS

  1. Document Header
  2. Definitions
  3. Operative Provisions (Petition)
  4. Representations & Warranties (Declarations)
  5. Covenants & Restrictions (Ongoing Duties)
  6. Default & Remedies
  7. Risk Allocation
  8. Dispute Resolution & Governing Law
  9. General Provisions
  10. Execution Block
  11. Exhibit A Maine Exemption Schedule (Sample)
  12. Exhibit B District of Maine Local Rule Cross-Reference
  13. Exhibit C Trustee Contact & Initial Document Delivery Checklist

1. DOCUMENT HEADER

1.1 Caption
UNITED STATES BANKRUPTCY COURT
DISTRICT OF MAINE


In re:
[DEBTOR FULL LEGAL NAME],
[Joint Debtor Full Legal Name] (if any),
Debtor(s)
Chapter 7
Case No. _____


VOLUNTARY PETITION FOR RELIEF UNDER CHAPTER 7
1.2 Effective Date
The Petition is deemed filed as of the electronic time-stamp generated by the Court’s CM/ECF system (the “Petition Date”).

1.3 Jurisdiction
Relief is sought pursuant to 11 U.S.C. § 301 in the United States Bankruptcy Court for the District of Maine (the “Court”).


2. DEFINITIONS

For purposes of this Petition and all accompanying schedules, statements, and exhibits:

• “Bankruptcy Code” means title 11 of the United States Code.
• “Bankruptcy Rules” means the Federal Rules of Bankruptcy Procedure.
• “Debtor” means the individual or entity identified in §1.1 seeking relief.
• “Joint Debtor” means the spouse filing jointly, if any.
• “Petition Date” has the meaning set forth in §1.2.
• “Schedules” means Official Bankruptcy Schedules A/B through J, as applicable.
• “Trustee” means the Chapter 7 panel trustee appointed under 11 U.S.C. § 701.
• “Automatic Stay” means the injunction arising under 11 U.S.C. § 362.
• “Local Rules” means the Local Bankruptcy Rules for the District of Maine (“LBR”).


3. OPERATIVE PROVISIONS (PETITION)

3.1 Request for Relief
The Debtor hereby petitions for an order of relief under Chapter 7 of the Bankruptcy Code.

3.2 Nature of Debtor
[INDIVIDUAL / CORPORATION / PARTNERSHIP / OTHER]

3.3 Prior Bankruptcy Cases (if any)
[List case numbers, districts, and dates—attach separate sheet if necessary.]

3.4 Venue
Venue is proper in this District under 28 U.S.C. § 1408 because the Debtor’s domicile, residence, principal place of business, or principal assets have been located in Maine for the 180 days immediately preceding the Petition Date.

3.5 Exhibit Documents Incorporated by Reference
a. Schedules A/B–J
b. Statement of Financial Affairs (Official Form 107/207)
c. Statement of Intention (Official Form 108) (individual consumer debtor only)
d. Statement of Current Monthly Income (Official Form 122A-1, 122A-1Supp, 122A-2)
e. Maine Exemption Schedule (Exhibit A)
f. Local Rule Certifications (Exhibit B)
g. Creditor Matrix in LBR-compliant format

[// GUIDANCE: File each exhibit/form as a separate CM/ECF event per LBR 1007-1.]


4. REPRESENTATIONS & WARRANTIES (DECLARATIONS)

4.1 Accuracy of Information
The Debtor declares under penalty of perjury that the information provided in this Petition and all attached documents is true and correct to the best of the Debtor’s knowledge, information, and reasonable belief, consistent with Bankruptcy Rule 1008.

4.2 Credit Counseling Compliance
The Debtor received an approved credit-counseling briefing within 180 days prior to the Petition Date OR qualifies for a statutory exemption under 11 U.S.C. § 109(h)(4). Evidence of compliance/exemption is attached as Certificate [or] Motion.

4.3 Payment Advices
All payment advices required by 11 U.S.C. § 521(a)(1)(B)(iv) have been provided to the Trustee or will be provided within the time prescribed by LBR 1007-1(e).

4.4 Means Test Eligibility
The Debtor is presumed [UNDER / NOT UNDER] 11 U.S.C. § 707(b) abuse based on the completed Official Form 122A-2, incorporated herein.

4.5 Previous Dismissals with Prejudice
The Debtor has not had a bankruptcy case dismissed within the past 180 days for willful failure to appear or comply, nor voluntarily dismissed after relief from stay, or, if applicable, Debtor attaches a Motion for Extension of Stay under 11 U.S.C. § 362(c)(3).

4.6 Survival
The representations in this Article survive conversion or dismissal of the case to the extent permitted by law.


5. COVENANTS & RESTRICTIONS

5.1 Cooperation with Trustee
Debtor shall cooperate with the Trustee as required by 11 U.S.C. § 521(a)(3)–(4), including turnover of estate property and records.

5.2 Attendance at § 341 Meeting
Debtor shall appear, in person or via approved video conference, at the meeting of creditors scheduled under 11 U.S.C. § 341 unless excused by court order.

5.3 Post-Petition Financial Reporting (Business Debtors)
Within 14 days after the Petition Date, a business Debtor shall deliver an initial financial operating report in the form required by LBR 2015-3 and thereafter monthly until case closing, dismissal, or conversion.

5.4 Domestic Support Obligations
Debtor shall remain current on post-petition domestic support obligations and shall file the required certification pursuant to 11 U.S.C. § 1328(a) (if converted) prior to discharge eligibility.

5.5 Notice of Change in Address
Debtor agrees to file a notice of any change in mailing address within seven (7) days pursuant to LBR 4002-1.


6. DEFAULT & REMEDIES

6.1 Events of Default
The following constitute “Events of Default” under this Petition:
a. Failure to file missing documents within 14 days of the Petition Date (Fed. R. Bankr. P. 1007(c));
b. Failure to appear at the § 341 meeting;
c. Failure to cooperate with the Trustee;
d. Failure to remit filing fee installments (if applicable).

6.2 Court-Imposed Remedies
Upon an Event of Default, the Court may, after notice and hearing, dismiss the case, convert it to Chapter 13 or 11, bar the Debtor from refiling under 11 U.S.C. § 109(g), impose sanctions under 11 U.S.C. § 105(a), or any combination thereof.

6.3 Cure
If an Event of Default is capable of cure, Debtor shall have seven (7) days following service of a notice of default to cure, unless the Court orders otherwise.


7. RISK ALLOCATION

7.1 Discharge of Liability
Subject to 11 U.S.C. §§ 523 and 727, eligible pre-petition debts are discharged upon entry of the discharge order. Certain debts are nondischargeable by statute and remain the Debtor’s responsibility.

7.2 Automatic Stay and Limitations
The automatic stay (11 U.S.C. § 362) takes effect upon the Petition Date. If the Debtor had a prior case dismissed within one year, the stay may terminate after 30 days unless extended by motion.

7.3 No Indemnification
Consistent with the Metadata provided, no indemnification provisions apply.

7.4 Liability Caps
Discharge operates as a statutory cap on personal liability for dischargeable debts.


8. DISPUTE RESOLUTION & GOVERNING LAW

8.1 Governing Law
All matters arising in or related to this case shall be governed by the Bankruptcy Code, the Bankruptcy Rules, applicable provisions of the United States Code, and, where appropriate, the laws of the State of Maine.

8.2 Forum Selection
The United States Bankruptcy Court for the District of Maine shall retain exclusive jurisdiction over all proceedings arising under, arising in, or related to this Chapter 7 case.

8.3 Arbitration
Arbitration is not available for disputes governed by the Bankruptcy Code absent a specific court order.

8.4 Jury Waiver
To the fullest extent permitted by law, the Debtor knowingly and voluntarily waives any right to trial by jury on core bankruptcy matters. Non-core matters are subject to the limited jury availability provided in 28 U.S.C. § 157(e), subject to the Court’s discretion.

8.5 Injunctive Relief
The statutory automatic stay provides injunctive relief as set forth in 11 U.S.C. § 362.


9. GENERAL PROVISIONS

9.1 Amendment
The Debtor may amend this Petition or any Schedule in accordance with Fed. R. Bankr. P. 1009 and LBR 1009-1.

9.2 Severability
If any provision herein is determined unenforceable, the remaining provisions shall continue in full force to the extent consistent with the Bankruptcy Code.

9.3 Integration
This Petition, together with all exhibits, Schedules, and Statements, constitutes the entire submission required for commencement of this Chapter 7 case.

9.4 Electronic Signatures
Signatures transmitted via CM/ECF‐compliant electronic means constitute original signatures for all purposes under LBR 5005-1.

9.5 Successors
Obligations hereunder bind the Debtor, the Debtor’s bankruptcy estate, and any successor trustee.


10. EXECUTION BLOCK

Dated: [MM/DD/YYYY]

/s/ [DEBTOR NAME]
[Debtor Name], Debtor

/s/ [JOINT DEBTOR NAME] (if any)
[Joint Debtor Name], Joint Debtor

/s/ [ATTORNEY NAME]
[Attorney Name], Esq.
[Bar No. ____]
[Law Firm Name]
[Address]
[Phone] | [Email]

VERIFICATION
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: [MM/DD/YYYY] Signature: ____
[Notary block only if local practice or specific document (e.g., Maine Local Form) requires.]


11. EXHIBIT A MAINE EXEMPTION SCHEDULE (SAMPLE)

[// GUIDANCE: Debtors may elect either federal exemptions (11 U.S.C. § 522(d)) or Maine exemptions under 14 M.R.S. § 4422. List chosen exemptions with accurate statute citations.]

  1. Homestead Exemption – up to $80,000 equity; $160,000 if Debtor or dependent is 60+ or disabled.
  2. Motor Vehicle – up to $7,500 equity ($10,000 if equipped for disability).
  3. Household Goods – aggregate $200 per item / $4,000 total.
  4. Tools of Trade – up to $5,000.
  5. Jewelry – up to $750 aggregate.
  6. Life Insurance Cash Value – per § 4422(6).
  7. Wildcard – up to $400 plus any unused portions of (1) and (2) up to $6,000.
  8. Pension, IRA, and ERISA-qualified Plans – generally exempt.
  9. Public Benefits – Social Security, unemployment, workers’ comp, etc.

[Insert additional categories or alternative federal exemptions if elected.]


12. EXHIBIT B DISTRICT OF MAINE LOCAL RULE CROSS-REFERENCE

• LBR 1006-1 Filing Fee Installments
• LBR 1007-1 Document Filing Deadlines & Required Local Forms
• LBR 2002-1 Noticing Procedures & Creditor Matrix Requirements
• LBR 2015-3 Operating Reports for Business Debtors
• LBR 4002-1 Debtor Duties (address change, identification at § 341)
• LBR 9013-1 Motion Practice (for stay extensions, redemption, etc.)


13. EXHIBIT C TRUSTEE CONTACT & INITIAL DOCUMENT DELIVERY CHECKLIST

Assigned Trustee: [TRUSTEE NAME]
Trustee Address: [ADDRESS]
Trustee Email: [EMAIL]
341 Meeting Date/Time: [MM/DD/YYYY HH:MM EST]
Conference Method: [IN-PERSON / TELEPHONIC / ZOOM]

Documents to Provide Not Later Than 7 Days Before § 341 Meeting:
1. Government-issued photo ID and proof of Social Security number
2. Most recent federal and state tax returns (last two years)
3. Last 60 days of paystubs or income evidence
4. Six months of bank statements for all accounts
5. Vehicle titles, real estate deeds, and mortgage statements
6. Valuation appraisals for real property and automobiles
7. Any pending lawsuit or claim documentation

[// GUIDANCE: Deliver electronically in PDF unless trustee requests otherwise.]


[// GUIDANCE: Review all data, ensure completeness, and electronically file via CM/ECF. Failure to comply with federal or local rules may result in dismissal of the case or other sanctions.]

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