CHAPTER 7 BANKRUPTCY PETITION PACKAGE
UNITED STATES BANKRUPTCY COURT – DISTRICT OF OREGON
(Master Attorney Template – For Individual & Joint Debtors)
[// GUIDANCE: This template assembles all core filings required to commence an individual Chapter 7 case in Oregon. It merges Official Bankruptcy Forms, District of Oregon Local Bankruptcy Forms (“LBFs”), and key practice-ready provisions so the practitioner may create a complete, court-ready filing packet. Bracketed text must be customized for each matter. Remove all guidance comments before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Core Petition (Official Form 101)
- Additional Initial Filings
4.1 Schedule Summary & Exemption Schedule (Official Forms 106 A/B – 106J & LBF Exh. C-1)
4.2 Statement of Financial Affairs (Official Form 107)
4.3 Chapter 7 Statement of Current Monthly Income (Official Form 122A-1) & Means Test Calculation (Official Form 122A-2, if applicable)
4.4 Creditor Mailing Matrix & Verification (LBF 104)
4.5 Declaration About an Individual Debtor’s Schedules (Official Form 106Dec)
4.6 Verification of Debtor’s Social Security Number (Official Form 121) - Representations & Warranties
- Covenants & Ongoing Duties
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Blocks
1. DOCUMENT HEADER
1.1 Title & Case Caption
UNITED STATES BANKRUPTCY COURT
DISTRICT OF OREGON
In re:
[DEBTOR 1 FULL LEGAL NAME] ) Case No.: [To be assigned]
[Last 4 Digits of SSN xxx-xx-____] )
[Joint Debtor (If any)] ) Chapter 7
)
Debtor(s). )
1.2 Voluntary Petition Reference
Official Form 101 – filed pursuant to 11 U.S.C. § 301.
1.3 Date & Jurisdiction
Effective upon electronic filing in CM/ECF on [FILING DATE] in the District of Oregon. Federal law (Title 11, United States Code) governs. Venue and forum lie exclusively in the Bankruptcy Court (see 28 U.S.C. §§ 1408–09).
2. DEFINITIONS
The following capitalized terms are used throughout this template. They apply unless the context clearly requires otherwise.
Debtor: The individual(s) identified in the caption filing for relief under Chapter 7.
Trustee: The Chapter 7 panel trustee appointed under 11 U.S.C. § 701.
Petition Package: Collectively, this Petition, Schedules, Statements, Exhibits, and all other documents required by 11 U.S.C. § 521, the Federal Rules of Bankruptcy Procedure (“FRBP”), and the Local Bankruptcy Rules for the District of Oregon (“LBR”).
Automatic Stay: The injunction that arises under 11 U.S.C. § 362 upon the filing of the Petition.
Exemption Schedule: Schedule C (Official Form 106C) identifying property the Debtor claims as exempt under applicable Oregon and federal non-bankruptcy law, as limited by 11 U.S.C. § 522(b).
Creditor Matrix: The list of all creditors required by FRBP 1007(a)(1) and LBR 1007-1.
Means Test: The calculation required by 11 U.S.C. § 707(b) utilizing Official Forms 122A-1 & 122A-2.
3. OPERATIVE PROVISIONS
3.1 Core Petition (Official Form 101)
[// GUIDANCE: Insert Official Form 101 after completing each field in CM/ECF or on the fillable PDF. Key data elements are summarized below for drafting convenience.]
a. Debtor Information
• Name(s): [DEBTOR FULL LEGAL NAME(S)]
• All other names used in last eight years: []
• Residential address: [STREET, CITY, OR ZIP]
• Mailing address (if different): []
• County: [___]
• Chapter: 7 (Liquidation)
b. Statistical/Administrative Information
• Nature of debts: Primarily Consumer ☐ / Business ☐
• Estimated assets: ☐ $0–$50k ☐ $50k–$100k ☐ $100k–$500k ☐ $500k–$1M ☐ $1M+
• Estimated liabilities: same ranges.
• Filing fee: $338 ☐ Paid in full ☐ Installments ☐ Waiver request (Form 103B).
c. Certification & Signature
• Signature of Debtor(s) with wet or approved electronic signature.
• Signature of Attorney of Record with Oregon Bar No. _____.
3.2 Additional Initial Filings
3.2.1 Schedules A/B–J & Summary (Official Forms 106A/B through 106J)
[// GUIDANCE: Populate asset/liability details with precision; reference property valuations supported by recent market data or appraisals where available.]
3.2.2 Exemption Schedule – Schedule C
• Oregon has opted out of the federal § 522(d) scheme. Debtor must claim exemptions exclusively under Oregon law & federal non-bankruptcy exemptions.
• Include Local Bankruptcy Form Exhibit C-1 if spouse’s property is involved.
• Double-check homestead, vehicle, wildcard, and retirement account limits.
3.2.3 Statement of Financial Affairs (Official Form 107)
• Provide two years of income history and prior litigation details.
3.2.4 Means Test (Forms 122A-1 & 122A-2)
• Complete even if presumption of abuse is not applicable (e.g., debts are primarily non-consumer).
3.2.5 Creditor Mailing Matrix (LBF 104)
• Upload text file + PDF verification signed by Debtor/Attorney.
3.2.6 Declaration About Schedules (Official Form 106Dec)
• Must be separately signed by each Debtor.
3.2.7 Verification of Social Security Number (Official Form 121)
• File under sealed event in CM/ECF.
4. REPRESENTATIONS & WARRANTIES
4.1 Debtor’s Representations
a. Truthfulness: All information in the Petition Package is true, correct, and complete to the best of Debtor’s knowledge, information, and belief.
b. Eligibility: Debtor is eligible to be a debtor under 11 U.S.C. § 109(b).
c. Credit Counseling: Debtor received an approved credit-counseling briefing within 180 days pre-petition or qualifies for a statutory waiver under 11 U.S.C. § 109(h)(3).
d. Prior Filings: Any cases filed within the last eight years are fully disclosed.
4.2 Attorney’s Certifications
• Attorney has performed a reasonable investigation of the facts and the law (Fed. R. Bankr. P. 9011(b)).
• Attorney possesses original signed copies of each filing bearing the Debtor’s wet signature.
4.3 Survival
These representations survive conversion or dismissal of the case.
5. COVENANTS & ONGOING DUTIES
5.1 Cooperation with Trustee
Debtor shall:
a. Appear and submit to examination at the § 341 Meeting of Creditors;
b. Provide tax returns, paystubs, bank statements, and other documents requested by the Trustee at least seven (7) days before the § 341 meeting, in accordance with Trustee guidelines;
c. Immediately inform the Trustee in writing of any inheritance, property settlement, or life-insurance proceeds received within 180 days of filing.
5.2 Post-Petition Financial Conduct
• No use of credit in excess of $1,000 total aggregate without court approval.
• Debtor shall maintain insurance on collateral securing any indebtedness that the Debtor intends to reaffirm.
5.3 Address Changes
Debtor shall promptly file a notice of address change in accordance with LBR 1005-1.
6. DEFAULT & REMEDIES
6.1 Events of Default
a. Failure to appear at the § 341 meeting without excuse;
b. Failure to supply Trustee-requested documents;
c. Material misstatement or omission in the Petition Package;
d. Post-petition transfer of property outside ordinary course without court approval.
6.2 Cure Period
Unless the Bankruptcy Code or FRBP provides otherwise, Debtor shall have fourteen (14) days after notice of default to cure.
6.3 Trustee/United States Trustee Remedies
• Motion to dismiss or convert under 11 U.S.C. § 707;
• Objection to discharge under 11 U.S.C. § 727;
• Referral for criminal investigation under 18 U.S.C. § 152 et seq.
6.4 Attorneys’ Fees
The Court may award reasonable attorneys’ fees and costs to a prevailing party for any motion necessitated by a default.
7. RISK ALLOCATION
7.1 Indemnification
Not applicable. No party indemnifies another in a Chapter 7 liquidation.
7.2 Limitation of Liability
The Debtor’s liability for pre-petition dischargeable debts will be permanently enjoined upon entry of a discharge under 11 U.S.C. § 727, subject to statutory exceptions in 11 U.S.C. § 523.
7.3 Force Majeure
[// GUIDANCE: Typically not applicable; omitted.]
8. DISPUTE RESOLUTION
8.1 Governing Law
This case is governed by Title 11 of the United States Code and applicable federal rules.
8.2 Forum Selection
Exclusive jurisdiction: United States Bankruptcy Court for the District of Oregon.
8.3 Arbitration
Not available. Disputes are resolved by the Bankruptcy Court.
8.4 Jury Trial
Limited. Any right to a jury trial in core bankruptcy proceedings is waived pursuant to 28 U.S.C. § 157(b).
8.5 Injunctive Relief
Automatic Stay under 11 U.S.C. § 362 operates as an injunction against most creditor actions immediately upon filing.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers
Petition, Schedules, Statements, or other documents may be amended only in the manner prescribed by FRBP 1009 and LBR 1009-1.
9.2 Successors & Assigns
The rights and obligations herein bind the Debtor, the Debtor’s estate, and any Chapter 7 Trustee appointed.
9.3 Severability
If any provision herein conflicts with the Bankruptcy Code or FRBP, statutory authority controls, and the remaining provisions remain enforceable.
9.4 Integration
This Petition Package, once filed, constitutes the entire required filing under 11 U.S.C. § 521(a)(1).
9.5 Electronic Signatures
Permitted in accordance with LBR 5005-4 and the CM/ECF Administrative Procedures.
10. EXECUTION BLOCKS
10.1 Debtor Signature(s)
/s/ [DEBTOR 1 NAME] Date: [MM/DD/YYYY]
Debtor 1
/s/ [DEBTOR 2 NAME] Date: [MM/DD/YYYY]
Debtor 2 (if joint)
10.2 Attorney of Record
/s/ [ATTORNEY NAME] Date: [MM/DD/YYYY]
[LAW FIRM NAME]
Oregon Bar No. [_]
Address: []
Phone: [_]
Email: []
[// GUIDANCE: Attach wet-signature declaration if using electronic filing per LBR 5005-4.]
10.3 Notary / Verification (if required)
[// GUIDANCE: Notaries are generally not required for bankruptcy petitions; confirm if any local financing statement requires notarization (e.g., LBF Exh. C-2).]
11. CHECKLIST – DISTRICT OF OREGON FILING REQUIREMENTS
☐ Voluntary Petition (Official Form 101)
☐ Statement About Your Social Security Number (Form 121) – SEALED
☐ Certificate of Credit Counseling or Motion for Waiver
☐ Summary of Assets & Liabilities (Form 106Sum)
☐ Schedules A/B–J (Forms 106A/B through 106J)
☐ Schedule C – Exemptions (Oregon) + LBF Exh. C-1 (if joint)
☐ Declaration About Schedules (Form 106Dec)
☐ Statement of Financial Affairs (Form 107)
☐ Chapter 7 Statement of Current Monthly Income (Form 122A-1)
☐ Means Test Calculation (Form 122A-2) – if required
☐ Payment Advices Cover Sheet (LBF 122) or Declaration of No Pay Advices
☐ Creditor Mailing Matrix (Text file + LBF 104 Verification)
☐ Debtor’s Certification of Completion of Post-Petition Financial Management Course (within 60 days of § 341 meeting)
☐ Filing Fee or Application to Pay in Installments/Waiver
[// GUIDANCE: Use the Court’s “Chapter 7 Individual Filing Checklist” for cross-verification before uploading. Failure to file any item timely may result in dismissal without further notice (see FRBP 1007(c)).]
END OF TEMPLATE
[// GUIDANCE: Save a clean version of this document to your template library. Remove all guidance annotations prior to filing. Confirm you have adhered to the latest Local Rules, General Orders, and Trustee guidelines.]