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

(VOLUNTARY) – UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW HAMPSHIRE

[// GUIDANCE: This is a robust, attorney-oriented template intended to supplement—not replace—the Official Bankruptcy Forms prescribed by the Judicial Conference of the United States (e.g., Official Form 101/201, Schedules A–J, SOFA 107, Means Test Forms 122A-1/2, etc.). Complete, modify, and file the required Official Forms in tandem with this template. All bracketed items must be tailored to the specific Debtor(s).]


ATTORNEY-CLIENT NOTICE & DISCLAIMER

This template is provided for informational purposes to licensed attorneys. It does not constitute legal advice, does not create an attorney-client relationship, and should be used only after independent verification of all legal requirements, including local rules of the United States Bankruptcy Court for the District of New Hampshire and any subsequent amendments to the Bankruptcy Code, Federal Rules of Bankruptcy Procedure, and the District’s Local Bankruptcy Rules (“LBR”).


TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Mandatory Attachments & Schedules Index


I. DOCUMENT HEADER

  1. Title
    “Voluntary Petition for Relief Under Chapter 7 of Title 11 of the United States Code”

  2. Debtor Identification
    • Name(s): [INDIVIDUAL DEBTOR NAME] / [ENTITY NAME]
    • All Other Names Used in Past 8 Years: [LIST ALL]
    • EIN/SSN (last 4 digits only on public filings): [###-##-####]
    • Residence/Principal Place of Business: [ADDRESS]
    • Mailing Address (if different): [ADDRESS]

  3. Attorney of Record
    • Name: [ATTORNEY NAME, NH BAR #]
    • Firm: [FIRM NAME]
    • Address: [ADDRESS]
    • Telephone: [(###) ###-####]
    • Email: [EMAIL]

  4. Effective (Petition) Date: [MM/DD/YYYY]

  5. Jurisdiction & Venue
    This Petition is filed pursuant to 11 U.S.C. § 301 in the United States Bankruptcy Court for the District of New Hampshire, the proper venue under 28 U.S.C. § 1408.

  6. Recitals
    WHEREAS, the Debtor desires to obtain a discharge of debts in accordance with Chapter 7 of Title 11 of the United States Code (the “Bankruptcy Code”); and
    WHEREAS, the Debtor has completed credit counseling as required by 11 U.S.C. § 109(h);

NOW, THEREFORE, the Debtor hereby files this Voluntary Petition and states as follows:


II. DEFINITIONS

For purposes of this Petition and all accompanying schedules, the following capitalized terms have the meanings set forth below:

“Automatic Stay” means the injunction imposed under 11 U.S.C. § 362 upon the Petition Date.
“Bankruptcy Court” means the U.S. Bankruptcy Court for the District of New Hampshire.
“Bankruptcy Rules” means the Federal Rules of Bankruptcy Procedure (“FRBP”) and applicable Local Bankruptcy Rules (“LBR”).
“Code” means Title 11 of the United States Code.
“Debtor” means the person or entity identified in Section I.2.
“Petition Date” means the date on which this Petition is filed with the Clerk.
“Trustee” means the Chapter 7 panel trustee appointed pursuant to 11 U.S.C. § 701.

[// GUIDANCE: Add or delete defined terms as your case requires. Maintain consistency across all filings.]


III. OPERATIVE PROVISIONS

3.1 Commencement of Case
A voluntary case under Chapter 7 is commenced by the filing of this Petition pursuant to 11 U.S.C. § 301.

3.2 Filing Fee
(a) Standard Fee. The Debtor shall pay the filing fee prescribed by 28 U.S.C. § 1930(a)(1) concurrently with this Petition unless an Application for Fee Waiver or an Application to Pay in Installments is filed.
(b) Installments. If installments are requested, the Debtor shall make payments in strict conformity with the schedule approved by the Court.

3.3 Schedules, Statements, and Declarations
(a) Mandatory Schedules. Debtor shall file Schedules A/B through J, Summary of Assets and Liabilities, and Statistical Summary within 14 days of the Petition Date unless filed contemporaneously or an extension is granted.
(b) NH-Specific Exemption Schedule. Schedule C shall be completed in accordance with New Hampshire exemption statutes and applicable federal non-bankruptcy exemptions, electing either 11 U.S.C. § 522(b)(2) (state list) or § 522(b)(3) (federal list).
(c) Statement of Financial Affairs (“SOFA”) and Means Test. Debtor shall file Official Form 107 and Official Forms 122A-1 and 122A-2, as applicable.

3.4 Credit Counseling & Certification
Debtor attaches the Certificate of Credit Counseling obtained within 180 days preceding the Petition Date as required by 11 U.S.C. § 109(h) and FRBP 1007(b)(3).

3.5 Cooperation with Trustee
Debtor shall:
(1) Appear and testify under oath at the § 341 Meeting of Creditors;
(2) Provide to the Trustee tax returns, pay advices, bank statements, and other documentation as requested pursuant to 11 U.S.C. § 521;
(3) Surrender non-exempt assets for liquidation.

3.6 Payments to Secured Creditors / Statement of Intention
Debtor shall file Official Form 108, indicating whether collateral will be surrendered, redeemed, or whether the obligation will be reaffirmed, within 30 days of the Petition Date or before the date set for the § 341 meeting, whichever is sooner.


IV. REPRESENTATIONS & WARRANTIES

4.1 Eligibility
Debtor represents that they are eligible for relief under Chapter 7 and have not obtained a discharge under Chapter 7 or Chapter 11 within the past 8 years, nor a discharge under Chapter 12 or Chapter 13 within the past 6 years.

4.2 Accuracy of Information
Debtor warrants that all information provided in this Petition, accompanying schedules, and statements is true and correct to the best of Debtor’s knowledge, information, and belief, and that false statements are subject to penalties of perjury (18 U.S.C. § 152).

4.3 Prior Bankruptcies
Debtor represents any prior bankruptcy filings within the last 8 years have been fully disclosed in Part 2 of Official Form 101/201.

[// GUIDANCE: Insert additional representations (e.g., business records, insider transfers) where complexity warrants.]


V. COVENANTS & RESTRICTIONS

5.1 Post-Petition Asset Disposition
Debtor shall not dispose of any property of the estate without Court authorization, except as permitted under 11 U.S.C. § 363(b)(1) and FRBP 6004.

5.2 Change of Address
Debtor shall file a Notice of Change of Address within 14 days of relocation in accordance with LBR 2002-1.

5.3 Compliance with Local Trustee Procedures
Debtor shall adhere to the Chapter 7 Trustee’s Document Production Guidelines for the District of New Hampshire.


VI. DEFAULT & REMEDIES

6.1 Events of Default
The following constitute defaults:
(a) Failure to appear at the § 341 meeting;
(b) Failure to submit required documents to the Trustee;
(c) Knowingly filing materially false schedules.

6.2 Remedies
Upon default, the Trustee or U.S. Trustee may seek:
(a) Dismissal of the case under 11 U.S.C. § 707(a) or § 521(i);
(b) Denial of discharge under 11 U.S.C. § 727(a);
(c) Referral for criminal prosecution under 18 U.S.C. § 152 et seq.

6.3 Attorney Fees & Costs
If the Court finds a party in violation of FRBP 9011, it may award reasonable attorney’s fees and costs as sanctions.


VII. RISK ALLOCATION

7.1 Indemnification
[NOT APPLICABLE – Bankruptcy petitions do not create indemnification obligations among Debtor, Trustee, and Court.]

7.2 Limitation of Liability
Upon entry of an order of discharge, the Debtor’s personal liability for pre-petition dischargeable debts shall be permanently enjoined pursuant to 11 U.S.C. § 524.

7.3 Force Majeure
[// GUIDANCE: Typically inapplicable; omit unless a specific performance obligation is built into a reaffirmation agreement.]


VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Petition and all related proceedings are governed by the Bankruptcy Code, the Bankruptcy Rules, and other applicable federal law.

8.2 Exclusive Forum
Any dispute, motion, or adversary proceeding arising under or relating to this case shall be filed and adjudicated exclusively in the Bankruptcy Court.

8.3 Arbitration
Not available.

8.4 Jury Waiver
To the extent a jury trial right may exist in an adversary proceeding, the Debtor hereby acknowledges the limited availability of jury trials in bankruptcy courts and does not consent to withdrawal of the reference unless ordered by the District Court.

8.5 Injunctive Relief
The Debtor acknowledges that the Automatic Stay functions as injunctive relief against certain creditor actions as of the Petition Date.


IX. GENERAL PROVISIONS

9.1 Amendments
Amendments to this Petition or schedules may be filed at any time before the case is closed. Each amendment shall be conspicuously labeled “AMENDED,” served on affected parties, and accompanied by the applicable filing fee.

9.2 Severability
If any provision of this Petition is determined invalid under applicable law, the remaining provisions shall remain in full force.

9.3 Entire Petition Package
This Petition, together with all executed Official Forms and attachments, constitutes the entire filing package.

9.4 Electronic Signatures
Signatures transmitted by electronic means comply with FRBP 5005(a)(2) and Local Electronic Filing Rules and have the same effect as original signatures.


X. EXECUTION BLOCK

DATED: [MM/DD/YYYY]


[DEBTOR NAME]
Debtor


[CO-DEBTOR NAME] (if any)
Joint Debtor

Attested by:


[ATTORNEY NAME], NH Bar # [#####]
Counsel for Debtor

STATE OF NEW HAMPSHIRE
COUNTY OF [__]

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared the above-named Debtor(s), known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.


Notary Public
My Commission Expires: [MM/DD/YYYY]

[// GUIDANCE: Check LBR 9010-1 and LBR 5005-4 for electronic signature / notarization alternatives.]


XI. MANDATORY ATTACHMENTS & SCHEDULES INDEX

  1. Official Form 101 (Individuals) OR Official Form 201 (Non-Individuals)
  2. Schedule A/B – Property
  3. Schedule C – Exempt Property (NH-Specific)
  4. Schedule D – Secured Claims
  5. Schedule E/F – Unsecured Claims
  6. Schedule G – Executory Contracts & Unexpired Leases
  7. Schedule H – Codebtors
  8. Schedule I – Income
  9. Schedule J – Expenses
  10. Summary of Assets and Liabilities / Statistical Summary
  11. Statement of Financial Affairs (Official Form 107)
  12. Statement of Intention (Official Form 108)
  13. Means Test Calculation (Official Forms 122A-1 & 122A-2, if applicable)
  14. Certificate of Credit Counseling
  15. Creditor Mailing Matrix (conforming to NH LBR formatting)
  16. Declaration About an Individual Debtor’s Schedules (Form 106Dec)
  17. Verification of Creditor Matrix
  18. Application for Waiver or Installment Payment of Filing Fee (if applicable)
  19. NH-Specific Local Forms (e.g., Declaration Re: Electronic Filing, if required)

[// GUIDANCE: Confirm any additional local forms or trustee questionnaires added by standing order.]


END OF TEMPLATE

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