Bankruptcy Petition - Chapter 7

DRAFT – VOLUNTARY PETITION PACKAGE

Chapter 7 Bankruptcy (Individual or Joint Debtor)

United States Bankruptcy Court – [DISTRICT] of Missouri

[Effective Date: ________________]” are mandatory data points. Round-bracketed items “(…)” provide optional or jurisdiction-specific language.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Petition & Relief Requested)
IV. Representations & Warranties (Declarations Under Penalty of Perjury)
V. Covenants & Restrictions (Post-Petition Obligations)
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Appendix A – Schedule Summary & Cross-Reference Table
Appendix B – Missouri Exemption Schedule Template (Schedule C)
Appendix C – Trustee Contact & Initial Document Turn-Over Checklist
Appendix D – Local Rule & Standing Order Compliance Notes

I. DOCUMENT HEADER

1. Title. “Voluntary Petition for Relief Under Chapter 7 of the United States Bankruptcy Code (11 U.S.C. §§ 101 et seq.).”

2. Parties.
   a. Debtor: [Full Legal Name], SSN: [-*-____], Address: [Street, City, MO Zip].
   b. Joint Debtor (if any): [Full Legal Name], SSN: [-*-____], Address: [same/as above].

3. Attorney of Record. [Firm Name]; Missouri Bar No. ☐; Address; Phone; Email; Fax.

4. Bankruptcy District & Division. [Eastern / Western] District of Missouri, [Division].
5. Effective Petition Date (“Petition Date”): [MM/DD/YYYY].
6. Governing Law. Title 11 of the United States Code (the “Bankruptcy Code”) and the Federal Rules of Bankruptcy Procedure (“Fed. R. Bankr. P.”).
7. Recitals.
   WHEREAS, Debtor seeks a fresh start and desires to discharge eligible debts through a liquidation proceeding under Chapter 7; and
   WHEREAS, Debtor has executed all Schedules, Statements, and disclosures required by 11 U.S.C. § 521(a) and Fed. R. Bankr. P. 1007;
   NOW, THEREFORE, Debtor respectfully submits this Petition Package requesting the relief herein.

II. DEFINITIONS

For purposes of this Petition Package:

“Automatic Stay” – the injunction arising upon the Petition Date pursuant to 11 U.S.C. § 362.
“Bankruptcy Court” – the United States Bankruptcy Court for the [Eastern/Western] District of Missouri.
“Chapter 7 Trustee” or “Trustee” – the panel trustee appointed under 11 U.S.C. § 701.
“Debtor” – the individual(s) identified in Section I.2.
“Exempt Property” – property claimed exempt under 11 U.S.C. § 522(b)(3) and applicable Missouri statutes, as set forth on Schedule C.
“Petition Package” – this instrument together with all completed Official Bankruptcy Forms and appendices attached hereto.
“Priority Debt” – a claim entitled to priority status under 11 U.S.C. § 507.
“Property of the Estate” – all legal or equitable interests of Debtor as of the Petition Date defined in 11 U.S.C. § 541.

III. OPERATIVE PROVISIONS

3.1 Petition for Relief. Pursuant to 11 U.S.C. § 301, Debtor hereby files a voluntary petition for relief under Chapter 7 and requests entry of an order for liquidation, appointment of a Trustee, and issuance of all ancillary relief provided by law.

3.2 Official Forms Incorporated. The following Official Forms, completed and signed, are incorporated by reference and attached (or filed contemporaneously via CM/ECF):

• Form 101 (Individual) or Form 201 (Non-Individual) – Voluntary Petition
• Form 106 Sum – Summary of Assets and Liabilities
• Forms 106A/B through 106J – Schedules A/B through J
• Form 106Dec – Declaration About Debtor’s Schedules
• Form 107 – Statement of Financial Affairs (“SOFA”)
• Form 108 – Statement of Intention
• Form 122A-1 / 122A-1Supp – Means Test
• Matrix Verification and List of Creditors
• Local Form: Disclosure of Compensation of Attorney for Debtor (L.B.R. compliant)

3.3 Payment of Filing Fee. (Select one)
a. ☐ Debtor remits the full fee with the Petition.
b. ☐ Debtor applies to pay the fee in installments (Official Form 103A attached).
c. ☐ Debtor seeks waiver of the fee under 28 U.S.C. § 1930(f) (Official Form 103B attached).

3.4 Credit Counseling Compliance. Debtor certifies completion of an approved credit-counseling briefing within 180 days preceding the Petition Date and attaches Certificate [or] requests exemption under 11 U.S.C. § 109(h)(4).

3.5 Statement of Intention. Debtor’s intentions regarding collateral securing consumer debts are set forth on Form 108 and served on affected secured creditors within 30 days of the Petition Date as required by 11 U.S.C. § 521(a)(2).

3.6 Exemptions. Debtor elects:
a. ☐ Missouri state exemptions pursuant to 11 U.S.C. § 522(b)(3)(A).
b. ☐ Federal exemptions pursuant to 11 U.S.C. § 522(b)(2).
(Complete Appendix B accordingly.)

IV. REPRESENTATIONS & WARRANTIES

4.1 Truthfulness. Debtor declares under penalty of perjury (28 U.S.C. § 1746) that all information provided in this Petition Package is true, correct, and complete to the best of Debtor’s knowledge, information, and belief.

4.2 Eligibility. Debtor represents that:
a. Debtor has not been a debtor in a Chapter 7 case within the preceding 8 years in which Debtor received a discharge.
b. No prior bankruptcy case of Debtor is pending or was dismissed within the past 180 days for willful failure to abide by court orders or prosecute the case.

4.3 Asset & Liability Disclosure. Debtor has disclosed all assets, debts, income, and expenses required by Schedule A/B and Schedule D through J.

4.4 Means Test Accuracy. The current monthly income and means-test calculations on Form 122A-1/2 are materially accurate and supported by documentation.

4.5 Attorney Compliance. Counsel represents compliance with 11 U.S.C. §§ 526, 527, 528.

(Survival: These representations survive dismissal, conversion, or discharge to the extent necessary for enforcement by the United States Trustee or other parties in interest.)

V. COVENANTS & RESTRICTIONS

5.1 Cooperation with Trustee. Debtor shall appear at the § 341 meeting, provide tax returns, pay advices, bank statements, and such additional documents as the Trustee reasonably requests (see Appendix C).

5.2 Asset Turn-Over. Debtor shall immediately surrender to the Trustee any non-exempt property and execute any documents necessary to effectuate liquidation.

5.3 Post-Petition Financial Conduct. Without court approval Debtor shall not:
a. Incur post-petition debt exceeding $1,500;
b. Transfer, encumber, or dispose of any property of the estate;
c. Alter withholding exemptions or payroll deductions with intent to defeat creditor interests.

5.4 Notice of Address Change. Debtor must file a notice of any change in mailing address within 14 days.

5.5 Instructional Course. Debtor shall complete a personal financial-management course under 11 U.S.C. § 727(a)(11) and file Official Form 423 within 60 days after the first date set for the § 341 meeting.

VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute default:
a. Failure to attend the § 341 meeting;
b. Failure to timely provide requested documents to the Trustee;
c. Material misstatement, omission, or concealment of assets;
d. Failure to obey a lawful order of the Bankruptcy Court.

6.2 Remedies. Upon default, the Trustee, United States Trustee, or a party in interest may seek:
a. Dismissal of the case under 11 U.S.C. § 707(a) or (b);
b. Denial or revocation of discharge under 11 U.S.C. § 727;
c. Civil sanctions, contempt, and/or criminal referral under 18 U.S.C. §§ 152 et seq.;
d. Assessment of attorney fees and costs.

6.3 Cure. Unless the Court orders otherwise, Debtor shall have 14 days’ written notice to cure non-material defaults.

VII. RISK ALLOCATION

7.1 Indemnification. (Not applicable – see Metadata.)

7.2 Limitation of Liability. Upon entry of discharge, personal liability on discharged debts is permanently enjoined in accordance with 11 U.S.C. §§ 524, 727.

7.3 Force Majeure. (Reserved – statutory regime provides relief via automatic stay and discharge.)

VIII. DISPUTE RESOLUTION

8.1 Governing Law. The Bankruptcy Code, Fed. R. Bankr. P., and applicable Missouri law govern all matters not pre-empted by federal law.

8.2 Forum Selection. Exclusive jurisdiction and venue lie in the United States Bankruptcy Court for the [Eastern/Western] District of Missouri.

8.3 Arbitration. Not available; core bankruptcy matters are subject to Article I judicial power.

8.4 Jury Waiver. To the extent a right to trial by jury exists in any non-core proceeding, Debtor knowingly and voluntarily waives such right, subject to Court approval.

8.5 Injunctive Relief. The parties acknowledge the statutory automatic stay under 11 U.S.C. § 362 as self-executing injunctive relief.

IX. GENERAL PROVISIONS

9.1 Amendments. Debtor may amend Schedules and Statements as a matter of course before the case is closed (Fed. R. Bankr. P. 1009), subject to notice and objection periods.

9.2 Waiver. No waiver by any party of a default hereunder shall be deemed a waiver of any subsequent default.

9.3 Assignment. Rights and obligations hereunder are not assignable except by order of the Court.

9.4 Severability. If any provision herein is unenforceable, the remaining provisions shall be given full force and effect.

9.5 Entire Agreement. This Petition Package, together with attached Official Forms, constitutes the entire filing required for voluntary relief under Chapter 7, superseding all prior drafts.

9.6 Counterparts & Electronic Signatures. This instrument may be executed in counterparts, including electronic signatures compliant with Fed. R. Bankr. P. 5005(a)(2) and the Administrative Procedures for Electronic Filing adopted by this District.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Debtor executes this Petition Package under penalty of perjury.

Debtor: __________________________________ Date: _____________
Joint Debtor: _____________________________ Date: _____________

Attorney for Debtor: _______________________ Date: _____________
(MO Bar No. _______)

[Notary Acknowledgment if executing power-of-attorney for remote filing.]

APPENDICES

Appendix A – Schedule Summary & Cross-Reference Table

Appendix B – Missouri Exemption Schedule (Schedule C Template)

Appendix C – Trustee Initial Document Turn-Over Checklist

Within 7 days after the § 341 meeting (or as otherwise directed), provide to the Trustee:

1. Most recent two (2) years’ federal and state tax returns.
2. Six (6) months of bank statements for all accounts.
3. Titles for vehicles and mobile homes.
4. Recorded deeds and mortgage statements for real property.
5. Documentation supporting valuation of assets (appraisals, blue-book printouts).
6. Proof of insurance on any encumbered property.

Appendix D – Local Rules & Standing Orders (Missouri)

• Local Bankruptcy Rule 1007-(x): Requires electronic creditor matrix in .txt format.
• Standing Order # 2021-2: Mandates Debtor’s 7-calendar-day advance delivery of pay advices to Trustee.
• Local Form MO-1: Verification of Creditor Matrix (must be signed by attorney).

CERTIFICATE OF SERVICE

I certify that on [MM/DD/YYYY] a true and correct copy of the foregoing Voluntary Petition Package (excluding personal identifiers) was served via CM/ECF on the U.S. Trustee and Chapter 7 Trustee, and via first-class mail on all creditors listed in the attached matrix.

__________________________________
[Attorney Name]

END OF DOCUMENT