Templates Financial Banking Bankruptcy Petition - Chapter 7
Bankruptcy Petition - Chapter 7
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IMPORTANT LEGAL NOTICE
This template is provided for general informational purposes only and does not constitute legal advice. Use of this template does not create an attorney-client relationship. Bankruptcy practice before the United States Bankruptcy Court for the District of New Jersey (“D.N.J.”) requires strict compliance with the Federal Rules of Bankruptcy Procedure (“Fed. R. Bankr. P.”), the Local Rules of the United States Bankruptcy Court for the District of New Jersey (“D.N.J. LBR”), and the Official Bankruptcy Forms promulgated by the Judicial Conference of the United States. Practitioners must review all applicable rules, forms, and court instructions before filing. Tailor every bracketed item to the facts of the particular case.


CHAPTER 7 BANKRUPTCY PETITION PACKAGE

United States Bankruptcy Court – District of New Jersey

[// GUIDANCE: This package is drafted to mirror the structure and mandatory content of the Official Forms for an individual consumer case. For business or non-consumer debtors, additional or different forms apply. Practitioners should confirm the most recent Official Form versions and D.N.J. local forms before filing.]


TABLE OF CONTENTS

  1. Cover Sheet & Caption
  2. Voluntary Petition (Official Form 101)
  3. Certificate of Credit Counseling – Local Form 101A
  4. Statement of Social Security Number – Official Form 121
  5. Summary of Assets & Liabilities (Official Form 106Sum)
  6. Schedules A/B through J (Official Forms 106A/B – 106J)
  7. Declaration About an Individual Debtor’s Schedules (Official Form 106Dec)
  8. Statement of Financial Affairs (Official Form 107)
  9. Chapter 7 Statement of Your Intentions (Official Form 108)
  10. Verification of Creditor Matrix – D.N.J. Local Form
  11. Declaration Regarding Payment Advices (if applicable) – D.N.J. Local Form
  12. Certification of Domestic Support Obligation Information (if applicable)
  13. Chapter 7 Means Test Calculation (Official Forms 122A-1 & 122A-2)
  14. Proposed Order of Discharge (Court-Generated)

1. COVER SHEET & CAPTION

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW JERSEY


In re: Case No. [To be assigned]
Chapter 7
[Debtor 1 Full Legal Name],
[Debtor 2 Full Legal Name, if joint],
Judge: [Hon. ______]
Debtor(s).*


*All names used by the debtor(s) in the last 8 years: [List All Aliases]


[// GUIDANCE: D.N.J. requires the debtor’s complete street address and county beneath the caption on the first pleading filed. Fed. R. Bankr. P. 1005.]


2. VOLUNTARY PETITION – OFFICIAL FORM 101

[Only key fields with placeholders are reproduced below. Use the current Official Form verbatim.]

Part 1: Identify Yourself
1. Your full name [First Middle Last]
2. All other names you have used [List or “None”]
3. Only the last 4 digits of your SSN xxx-xx-____
4. Your Employer Identification No. (if any) xx-xxxxxxx
5. Your current address [Street, City, NJ ZIP]

Part 2: Tell the Court About Your Bankruptcy Case
9. Chapter you are filing under ✔ Chapter 7
10. Filing, if Joint ☐ Individual ☐ Joint

Part 3: Report About Any Previous Bankruptcy Cases
11. Case number [__]
12. Date filed [MM/DD/YYYY]

Part 4: Report If You Own or Have Possession of Any Property That Needs Immediate Attention
13. Do you have any property that poses a threat of imminent and identifiable harm? ☐ Yes ✔ No
Debtor Declaration (excerpt):
“I request relief in accordance with chapter 7 of Title 11, United States Code, and certify under penalty of perjury that the information provided is true and correct.”
Date: _/_/___ Signature ____

[// GUIDANCE: The Clerk’s Office in D.N.J. will reject a petition lacking the debtor’s wet or valid electronic signature (see D.N.J. LBR 5005-1).]


3. CERTIFICATE OF CREDIT COUNSELING – D.N.J. LOCAL FORM 101A

I, [Debtor Name], certify that I received accredited credit counseling on [MM/DD/YYYY] within the 180-day period preceding the filing of this petition as required by 11 U.S.C. § 109(h)(1). Attached is the certificate from the approved agency.
[// GUIDANCE: If exigent circumstances apply, insert a § 109(h)(3) waiver request with detailed facts and attach Local Form 101A – Appendix A.]


4. STATEMENT OF SOCIAL SECURITY NUMBER – OFFICIAL FORM 121

[Must be filed non-publicly using the court’s sealed event.]

Name of Debtor: [Debtor Name]
SSN: xxx-xx-____


5. SUMMARY OF ASSETS & LIABILITIES – OFFICIAL FORM 106Sum

Category Total
• Assets (Schedules A/B) $[__]
• Exemptions (Schedule C) $[
_]
• Secured Claims (Schedule D) $[__]
• Unsecured Priority (Sch E/F-P) $[
_
]
• Unsecured Non-Priority (Sch E/F-NP) $[_]
• Total Liabilities $[_____]
• Net Worth $[Assets – Liabilities]


6. SCHEDULES A/B THROUGH J

(Official Forms 106A/B – 106J)

[// GUIDANCE: Below is a high-level checklist. Complete each Official Form exactly as issued.]

• Schedule A/B – Property (real & personal)
• Schedule C – Claim of Exemptions
– Apply federal or New Jersey exemptions as elected; list statute (e.g., 11 U.S.C. § 522(d)(1) or N.J. Stat. Ann. § 2A:17-19).
• Schedule D – Secured Creditors
• Schedule E/F – Unsecured Creditors (priority vs. non-priority)
• Schedule G – Executory Contracts & Unexpired Leases
• Schedule H – Codebtors
• Schedule I – Income
• Schedule J – Expenses

[// GUIDANCE: D.N.J. requires creditor addresses in a format identical to the creditor matrix to ensure proper noticing.]


7. DECLARATION ABOUT AN INDIVIDUAL DEBTOR’S SCHEDULES – OFFICIAL FORM 106Dec

Affirm under penalty of perjury that the schedules are true and correct. Signature and date required.


8. STATEMENT OF FINANCIAL AFFAIRS – OFFICIAL FORM 107

Provide historical financial data, transfers, lawsuits, garnishments, gifts, business interests, etc. Answer every question; indicate “None” where applicable.


9. CHAPTER 7 STATEMENT OF YOUR INTENTIONS – OFFICIAL FORM 108

Identify secured debts and executory contracts; state intent to surrender, redeem, reaffirm, or assume. Must be served on creditors and filed within 30 days of petition (§ 521(a)(2)).


10. VERIFICATION OF CREDITOR MATRIX – D.N.J. LOCAL FORM

“I, [Debtor Name], certify under penalty of perjury that the enclosed matrix of creditors’ names and addresses is true, correct, and complete to the best of my knowledge.”


11. DECLARATION REGARDING PAYMENT ADVICES

If the debtor has not provided all payment advices (paystubs) under 11 U.S.C. § 521(a)(1)(B)(iv), file this declaration stating the reason (e.g., self-employed, fixed income, or none received during the 60-day look-back period).


12. CERTIFICATION OF DOMESTIC SUPPORT OBLIGATION (“DSO”) INFORMATION

(D.N.J. required where applicable)

Provide the name and address of each DSO recipient per 11 U.S.C. §§ 101(14A), 704(c).


13. CHAPTER 7 MEANS TEST CALCULATION – OFFICIAL FORMS 122A-1 & 122A-2

[// GUIDANCE: If the debtor’s current monthly income is below the New Jersey median family income for the debtor’s household size, Form 122A-2 is not required. Be sure to use current Internal Revenue Service and Census Bureau data.]


14. PROPOSED ORDER OF DISCHARGE

The court issues the discharge order after (a) the § 341 meeting concludes and (b) time for objections/complaints expires. No debtor action needed; include here for package completeness.


REPRESENTATIONS & WARRANTIES (Integrated Across Forms)

  1. Accuracy of Information: Debtor represents that all disclosures are complete and correct to the best of debtor’s knowledge, information, and belief formed after reasonable inquiry.
  2. Eligibility: Debtor warrants eligibility for relief under chapter 7 pursuant to 11 U.S.C. §§ 109(b) & 707(b).
  3. Credit Counseling: Debtor certifies compliance with 11 U.S.C. § 109(h).
  4. Prior Discharge: Debtor has not received a chapter 7 discharge in a case commenced within 8 years preceding the petition date (11 U.S.C. § 727(a)(8)).

[// GUIDANCE: Add a separate rider if any representation requires qualification or disclosure of exceptions.]


COVENANTS & POST-PETITION OBLIGATIONS

  1. Cooperation with Trustee: Debtor shall assist the duly-appointed Chapter 7 Trustee in the administration of the estate, including turnover of estate property and records as required by 11 U.S.C. § 521(a)(3)–(4).
  2. Financial Management Course: Debtor covenants to complete an approved post-petition financial management course and file Official Form 423 within 60 days of the first date set for the § 341 meeting (Fed. R. Bankr. P. 1007(b)(7)).
  3. Updated Contact Information: Debtor must promptly file a change-of-address notice (D.N.J. LBR 2002-1(a)).

DEFAULTS & REMEDIES

[// GUIDANCE: In bankruptcy, “default” concepts chiefly apply to compliance with Code duties. Failure can result in dismissal (§ 707(a)), denial of discharge (§ 727(a)), or criminal referral (§ 152). No separate contractual remedy section is required, but the following summary is included for counsel’s reference.]

  1. Failure to Supply Required Documents – may lead to case dismissal without prejudice after 45 days (§ 521(i)).
  2. Abuse Findings under § 707(b) – could convert or dismiss the case.
  3. False Oaths – exposure to § 727(a)(4) objections and criminal liability.

RISK ALLOCATION & LIMITATIONS

• Automatic Stay: Effective upon filing (§ 362(a)), enjoining most creditor action.
• Discharge Injunction: Upon discharge, personal liability for dischargeable debts is permanently enjoined (§ 524(a)).
• Non-Dischargeable Debts: Taxes, domestic support obligations, student loans (subject to undue-hardship standard), and certain others remain unaffected (§ 523).


DISPUTE RESOLUTION MECHANISMS

Governing Law: United States Bankruptcy Code, 11 U.S.C. §§ 101 et seq., and Fed. R. Bankr. P.
Forum Selection: United States Bankruptcy Court for the District of New Jersey.
Arbitration: Not applicable; core bankruptcy matters are within the exclusive jurisdiction of the Bankruptcy Court (28 U.S.C. §§ 1334 & 157).
Jury Trial: Limited; any jury demand must comply with D.N.J. LBR 9015-1 and 28 U.S.C. § 1411.
Injunctive Relief: Automatic stay (§ 362) and, after discharge, discharge injunction (§ 524).


GENERAL PROVISIONS

  1. Amendments: Schedules and statements may be amended as of right before the case is closed (Fed. R. Bankr. P. 1009(a)); give notice to trustee and affected parties.
  2. Severability: The invalidity of any statement or entry does not affect remaining, properly completed disclosures.
  3. Integration: This petition package incorporates by reference all Official Forms, Local Forms, and attachments.
  4. Electronic Signatures: Permitted under D.N.J. LBR 5005-1 and the Administrative Procedures for Filing, Signing, and Verifying Pleadings and Papers by Electronic Means.
  5. Successors: Obligations under the Code follow the debtor’s estate and any appointed trustee or successor trustee.

EXECUTION BLOCK

Dated: _//_

/s/ [Debtor 1 Typed Name]______
[Debtor 1 Printed Name]

/s/ [Debtor 2 Typed Name]______
[Debtor 2 Printed Name] (if joint case)

Prepared By:
/s/ [Attorney Name]____
[Attorney Name], Esq.
NJ Bar No.: [_]
Firm: [Law Firm Name]
Address: [Street, City, NJ ZIP]
Phone: [
--_]
Email: [_____]

Attorney for Debtor(s)
[// GUIDANCE: Attach completed Attorney Compensation Disclosure (Fed. R. Bankr. P. 2016(b)) as a separate filing.]


CHECKLIST BEFORE FILING (D.N.J.)

  1. ✔ All Official Forms current (revision date in footer).
  2. ✔ All Local Forms current (consult www.njb.uscourts.gov).
  3. ✔ Filing fee paid in full or Application to Pay in Installments filed (Official Form 103A).
  4. ✔ Certificate of Credit Counseling attached.
  5. ✔ Debtor’s Identification documents ready for § 341 meeting (photo ID + SSN proof).
  6. ✔ Redact all personally identifiable information per Fed. R. Bankr. P. 9037.
  7. ✔ Upload creditor matrix in text (.txt) format per Clerk instructions.

END OF TEMPLATE
Practitioners must adapt, supplement, and verify each section to fit the debtor’s specific circumstances and the most current legal requirements.

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