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Bankruptcy Petition - Chapter 7
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CHAPTER 7 VOLUNTARY BANKRUPTCY PETITION

UNITED STATES BANKRUPTCY COURT

[DISTRICT OF OKLAHOMA]

[CASE NO. ______]
Filed: [MM/DD/YYYY]


TABLE OF CONTENTS

I. Document Header (Caption & Preliminary Statements)
II. Definitions
III. Operative Provisions (Petitioning for Relief & Core Certifications)
IV. Representations & Warranties
V. Covenants & Restrictions (Post-Petition Duties)
VI. Default & Remedies (Dismissal / Denial of Discharge Matrix)
VII. Risk Allocation (Discharge, Automatic Stay, & Limitation of Liability)
VIII. Dispute Resolution (Statutory Forum & Jury Matters)
IX. General Provisions
X. Execution Block (Declarations & Signatures)
XI. Exhibits & Schedules Checklist
• Exhibit A – Summary of Assets & Liabilities
• Exhibit B – Schedules A/B, C, D, E/F, G, H
• Exhibit C – Statement of Financial Affairs
• Exhibit D – Means Test (Form 122A-1/2)
• Exhibit E – Oklahoma Schedule C (State Exemptions)
• Exhibit F – Local Rule & Trustee Compliance Rider


[// GUIDANCE: This template is intentionally organized in a contract-style hierarchy to satisfy the client’s “Required Document Architecture.” All operative language closely tracks the content demanded by Official Bankruptcy Forms while allowing attorneys to customize, attach, and cross-reference the court-issued PDFs.]


I. DOCUMENT HEADER

  1. Caption.
    UNITED STATES BANKRUPTCY COURT, [NORTHERN / EASTERN / WESTERN] DISTRICT OF OKLAHOMA.

  2. Debtor Information.
    • Debtor: [DEBTOR FULL LEGAL NAME], SSN/ITIN (Last 4): [_]
    • Joint Debtor (if any): [JOINT DEBTOR FULL LEGAL NAME], SSN/ITIN (Last 4): [
    _]
    • Address: [STREET], [CITY], OK [ZIP]
    • County of Residence: [COUNTY]

  3. Chapter & Relief Requested.
    Debtor(s) hereby petition for relief under Chapter 7 of Title 11 of the United States Code (“Bankruptcy Code”) and seek a discharge pursuant to 11 U.S.C. § 727.

  4. Jurisdiction & Venue.
    Venue is proper in this District under 28 U.S.C. § 1408; this Court has jurisdiction under 28 U.S.C. § 1334 and 11 U.S.C. § 301.

  5. Automatic Stay Notice.
    Upon filing, the automatic stay of 11 U.S.C. § 362 is invoked.


II. DEFINITIONS

For purposes of this Petition and all attached Exhibits/Schedules, the following capitalized terms have the meanings set forth below:

“Bankruptcy Court” United States Bankruptcy Court for the [DISTRICT] of Oklahoma.
“Bankruptcy Code” Title 11 of the United States Code, as amended.
“Debtor” / “Joint Debtor” The individual(s) identified in Section I.2.
“Petition Date” The date stamped “Filed” by the Clerk of the Bankruptcy Court.
“Trustee” The Chapter 7 trustee appointed pursuant to 11 U.S.C. § 701.
“Local Rules” The Local Rules of Bankruptcy Procedure for the [DISTRICT] of Oklahoma.
“Schedules” Collectively, the Schedules and Statements required by Fed. R. Bankr. P. 1007 and the Official Forms.
“Exempt Property” Assets claimed exempt by Debtor on Schedule C pursuant to Oklahoma law and 11 U.S.C. § 522(b)(2).


III. OPERATIVE PROVISIONS

3.1 Voluntary Petition. Debtor voluntarily commences a case under Chapter 7 by filing this Petition and the accompanying Schedules.

3.2 Filing Fee. Total fee: $338.00.
a. [] Paid in full.
b. [
] Application to pay in installments attached (Official Form 103A).
c. [_] Application for fee waiver attached (Official Form 103B).

3.3 Credit Counseling. Debtor certifies completion of an approved credit-counseling course within 180 days pre-petition or seeks a waiver under 11 U.S.C. § 109(h)(4). Certificate attached.

3.4 Means Test. Debtor attaches Form 122A-1 (and, if applicable, 122A-2) to demonstrate presumed abuse analysis.

3.5 Statement of Intention. Debtor will file Official Form 108 regarding secured property and leases within 30 days of Petition Date.

3.6 Exemption Election. Pursuant to 11 U.S.C. § 522(b)(2) and Oklahoma’s opt-out statute, Debtor elects state exemptions; detailed on Exhibit E (Oklahoma Schedule C).


IV. REPRESENTATIONS & WARRANTIES

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

4.2 Material Omissions. Debtor has not intentionally concealed assets, liabilities, or income.

4.3 Prior Filings. Any bankruptcy cases filed within the past 8 years are fully disclosed on Schedule A/B Item [NUMBER].

4.4 Tax Returns. Federal and state tax returns for the most recent four (4) years have been filed or an explanation provided on the Statement of Financial Affairs.

4.5 Survival. The certifications in this Article survive dismissal or conversion unless superseded by court order.


V. COVENANTS & RESTRICTIONS

5.1 Cooperation With Trustee. Debtor shall:
a. Appear at the § 341 meeting;
b. Provide tax returns, pay advices, bank statements, and any additional documents requested by the Trustee no later than seven (7) days prior to the meeting;
c. Surrender non-exempt property as directed.

5.2 Debtor Conduct. Debtor shall not:
a. Transfer, encumber, or conceal property of the estate without court authority;
b. Incur post-petition debt exceeding $1,500 without Trustee or court approval.

5.3 Notice Obligations. Debtor must immediately notify the Court and Trustee of any change in address or financial condition.


VI. DEFAULT & REMEDIES

6.1 Events of Default.
a. Failure to attend the § 341 meeting;
b. Failure to provide required documentation;
c. Material misstatement or omission;
d. Abuse as defined by 11 U.S.C. § 707(b).

6.2 Cure Period. Fourteen (14) days after written notice from Trustee or U.S. Trustee.

6.3 Remedies. Upon uncured default, the Court may:
i. Dismiss the case;
ii. Deny discharge;
iii. Convert to Chapter 13 upon motion;
iv. Impose sanctions or refer for criminal prosecution under 18 U.S.C. § 152.

6.4 Attorney Fees. The Court may award reasonable fees and costs to parties prevailing on a motion alleging bad-faith conduct.


VII. RISK ALLOCATION

7.1 Discharge Scope. Subject to 11 U.S.C. §§ 523 & 727, all dischargeable debts are permanently enjoined post-discharge.

7.2 Automatic Stay. As of the Petition Date, 11 U.S.C. § 362 operates as an injunction against creditor action.

7.3 Limitation of Liability. Except for willful misconduct or fraud, Debtor’s personal liability on pre-petition claims is limited to the extent not otherwise discharged.

7.4 Force Majeure. If circumstances beyond Debtor’s control prevent compliance with post-petition duties, Debtor may seek relief by motion for extension or modification.


VIII. DISPUTE RESOLUTION

8.1 Governing Law. Federal bankruptcy law (11 U.S.C. et seq.) and the Federal Rules of Bankruptcy Procedure.

8.2 Exclusive Forum. All matters arising under or related to this case shall be heard by the United States Bankruptcy Court for the [DISTRICT] of Oklahoma.

8.3 Arbitration. Not applicable; the Court retains exclusive jurisdiction.

8.4 Jury Trial. Debtor acknowledges the limited availability of jury trials in bankruptcy proceedings; any right is subject to separate motion and court consent.

8.5 Injunctive Relief. Parties may seek enforcement of the automatic stay or discharge injunction by motion; no bond required pursuant to 11 U.S.C. § 362(k).


IX. GENERAL PROVISIONS

9.1 Amendments. Schedules and Statements may be amended as of right before the case is closed; after closure, a motion to reopen is required.

9.2 Waiver. A party’s failure to enforce a provision is not a waiver of future enforcement.

9.3 Severability. If any provision is unenforceable, the remainder remains in effect.

9.4 Integration. This Petition and attached Exhibits constitute the entire filing package required to commence the Chapter 7 case, except as supplemented by subsequent court-approved amendments.

9.5 Electronic Filing & Signatures. Debtor consents to electronic filing and recognizes that typed “/s/ [Name]” constitutes a signature under Fed. R. Bankr. P. 5005(a)(2) and Local Rule 5005-1.


X. EXECUTION BLOCK

I declare under penalty of perjury that the information provided in this Petition and all accompanying documents is true and correct.

Debtor Signature Date
/s/ [DEBTOR NAME] [MM/DD/YYYY]
Joint Debtor Signature (if any) Date
/s/ [JOINT DEBTOR NAME] [MM/DD/YYYY]
Attorney for Debtor Bar No. Date
/s/ [ATTORNEY NAME] [OK BAR #] [MM/DD/YYYY]

[NOTARY BLOCK IF REQUIRED FOR LOCAL RULE COMPLIANCE]


XI. EXHIBITS & SCHEDULES CHECKLIST

Exhibit Title Required? Attached (Y/N)
A Summary of Assets & Liabilities (Official Form 106Sum) Yes [ ]
B Schedules A/B, C, D, E/F, G, H Yes [ ]
C Statement of Financial Affairs (Official Form 107) Yes [ ]
D Means Test Forms 122A-1 & 122A-2 If primarily consumer debt [ ]
E Oklahoma Schedule C – State Exemptions Yes [ ]
F Local Rule & Trustee Compliance Rider Recommended [ ]

EXHIBIT E – OKLAHOMA SCHEDULE C (STATE EXEMPTIONS) [Sample Format]

Category Statutory Authority Value Claimed Current Value of Property Exempt? (Y/N)
Homestead [Insert OK Citation] $[____] $[____] [ ]
Motor Vehicle (1) [Insert OK Citation] $[____] $[____] [ ]
Household & Kitchen Furniture [Insert OK Citation] $[____] $[____] [ ]
Tools of Trade [Insert OK Citation] $[____] $[____] [ ]
Clothing [Insert OK Citation] $[____] $[____] [ ]
Retirement Accounts (ERISA-qualified) 11 U.S.C. § 522(b)(3)(C) $[____] $[____] [ ]
Wages – 75% Disposable Earnings [Insert OK Citation] $[____] $[____] [ ]
... ... ... ... ...

[// GUIDANCE: Oklahoma is an “opt-out” state; do not list federal exemptions unless a particular asset qualifies independently under federal non-bankruptcy law. Confirm each citation to Title 31 O.S. before filing.]


EXHIBIT F – LOCAL RULE & TRUSTEE COMPLIANCE RIDER [Optional]

  1. Document Production Deadlines. Comply with Local Rule 2002-1 by serving copies of Schedules and Statement of Financial Affairs on the Trustee within two (2) business days after filing.
  2. Tax Return Delivery. Provide the Trustee a copy of the most recent federal tax return no later than seven (7) days before the § 341 meeting.
  3. Bank Statements. Deliver statements covering the sixty (60) days pre-petition for every depository account titled in Debtor’s name.
  4. Domestic Support Obligation Notice. If applicable, satisfy Local Rule 4004-1 by filing the required certification before discharge.

[// GUIDANCE: Attach the official, court-issued PDF versions of each Schedule to the e-filing. Use this template only for drafting, client intake, and cross-checking completeness before transposing data into Official Forms.]


Prepared By: [LAW FIRM NAME] | Revision: [DATE] | © 2025 All Rights Reserved

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