CHAPTER 7 VOLUNTARY BANKRUPTCY PETITION PACKAGE

(United States Bankruptcy Court – Commonwealth of Pennsylvania)

[// GUIDANCE: This master template is built around the Official Bankruptcy Forms (“OBFs”) promulgated by the U.S. Courts. The OBFs themselves are public-domain documents and must be filed in their original layout. The drafting below gives (i) a court-ready cover sheet, (ii) integrated Pennsylvania-specific schedules, and (iii) practice notes that allow quick customization while preserving the mandatory format of each OBF. Where you see “ATTACHMENT,” insert the numbered OBF exactly as issued by the Administrative Office of the U.S. Courts and populate the shaded placeholders in Adobe © or compatible software.]

TABLE OF CONTENTS

1. Document Header & Case Caption
2. Definitions
3. Operative Provisions (Petition Package Overview)
4. Representations & Warranties (Debtor & Counsel Declarations)
5. Covenants & Continuing Obligations
6. Default, Remedies & Automatic Stay Caveats
7. Risk Allocation & Discharge Parameters
8. Dispute Resolution & Venue
9. General Provisions (Amendment, Severability, Electronic Signatures)
10. Execution Block
11. Attachment Index (Official Bankruptcy Forms & Schedules)

1. DOCUMENT HEADER & CASE CAPTION

UNITED STATES BANKRUPTCY COURT
[ EASTERN | MIDDLE | WESTERN ] DISTRICT OF PENNSYLVANIA

In re: [DEBTOR LEGAL NAME], ) Case No.: [_-bk-__]
[Joint Debtor, if any], ) Chapter 7
Debtor(s). )

Effective Date of Petition Package: [MM/DD/YYYY]
Governing Law: Title 11, United States Code (the “Bankruptcy Code”)
Forum Selection: U.S. Bankruptcy Court, District of Pennsylvania (as captioned)
Arbitration: Not available
Jury Waiver: Limited jury availability per 28 U.S.C. § 1411
Automatic Stay: 11 U.S.C. § 362 applies upon filing
Liability Caps: Discharge available under 11 U.S.C. § 727, subject to exceptions

2. DEFINITIONS

For purposes of this Petition Package:

• “Debtor” means the individual or entity identified in the caption.
• “Joint Debtor” means a spouse filing jointly under § 302(a).
• “Petition Date” means the date on which the Voluntary Petition (Official Form 101 or 201) is filed with the Clerk.
• “Bankruptcy Court” or “Court” means the United States Bankruptcy Court for the applicable District of Pennsylvania.
• “Trustee” means the Chapter 7 panel trustee appointed under 11 U.S.C. § 701.
• “Local Rules” means the Local Bankruptcy Rules of the applicable Pennsylvania District (“L.B.R.”).
• “PA Exemptions” means the exemption rights available under Pennsylvania law; “Federal Exemptions” means the exemption rights under 11 U.S.C. § 522(d).
• “Petition Package” means the collection of documents itemized in Section 11 that together constitute a complete filing under Fed. R. Bankr. P. 1007.

3. OPERATIVE PROVISIONS (Petition Package Overview)

3.1 Required Filings. The Debtor shall file, contemporaneously or within the time permitted by Fed. R. Bankr. P. 1007(c), each document listed in the Attachment Index, duly completed and executed.

3.2 Selection of Exemption Scheme. The Debtor shall affirmatively elect either (a) the PA Exemptions or (b) the Federal Exemptions on Schedule C – Claim of Exemptions (see Attachment 3).

3.3 Filing Fee. The statutory filing fee (currently $338) shall be paid at filing, or the Debtor shall submit Official Form 103A (Application for Individuals to Pay the Filing Fee in Installments) or Official Form 103B (Application to Have the Chapter 7 Filing Fee Waived).

3.4 Means Test Documentation. Individuals must file Official Form 122A-1 (and 122A-2 if applicable). Non-individuals skip this requirement.

3.5 Local Rule Supplements. Each District imposes additional documents, e.g., Eastern District of PA L.B.R. 1002-1(c) Verification of Credit Counseling. Provide such supplements as Attachment 8.

4. REPRESENTATIONS & WARRANTIES

4.1 Debtor’s Representations. The Debtor represents, under penalty of perjury:
a. All information supplied in every Attachment is true and correct.
b. The Debtor has received the credit counseling briefing required by 11 U.S.C. § 109(h) within 180 days before the Petition Date, or is entitled to a statutory waiver.
c. The Debtor is eligible to be a debtor under Chapter 7 and is not barred by a prior dismissal under §§ 109(g) or 707(b).

4.2 Counsel’s Certification. By signing Official Form 101/201, counsel certifies compliance with Fed. R. Bankr. P. 9011(b) and the debtor-attorney duties listed in 11 U.S.C. § 526(a).

4.3 Survival. These representations survive conversion or dismissal of the case.

5. COVENANTS & CONTINUING OBLIGATIONS

5.1 Cooperation with Trustee. The Debtor shall:
a. Appear at the § 341(a) meeting of creditors and any continued dates.
b. Provide tax returns, pay advices, bank statements, and other documents requested by the Trustee at least seven (7) days before the initial § 341 meeting, per Fed. R. Bankr. P. 4002(b)(2).

5.2 Post-Petition Financial Conduct. The Debtor shall not:
a. Incur post-petition consumer debt > $1,000 without Court approval.
b. Transfer, encumber, or dispose of estate property outside the ordinary course without Court approval.

5.3 Notice Obligations. The Debtor must notify the Trustee and the Clerk in writing of any change in address, employment, or financial circumstances within fourteen (14) days.

6. DEFAULT, REMEDIES & AUTOMATIC STAY CAVEATS

6.1 Events of Default.
a. Failure to attend the § 341 meeting.
b. Failure to turn over requested documents.
c. Knowingly false statements or omissions.

6.2 Trustee Remedies. Upon default, the Trustee may seek dismissal under § 707(a), denial of discharge under § 727(a), or other relief.

6.3 Automatic Stay Limitations. If the Debtor had one or more prior bankruptcy cases dismissed within the past year, the stay may terminate automatically on the 30th day post-petition unless extended under § 362(c)(3).

7. RISK ALLOCATION & DISCHARGE PARAMETERS

7.1 Indemnification. Not applicable in consumer Chapter 7; the estate bears ordinary administrative expenses as allowed under § 503(b).

7.2 Limitation of Liability. A discharge under § 727 releases the Debtor from personal liability for pre-petition dischargeable debts, subject to the exceptions in §§ 523(a)(1)–(19).

7.3 Force Majeure. If the Court is inaccessible due to emergency, filing deadlines are tolled per Fed. R. Bankr. P. 9006(a)(3).

8. DISPUTE RESOLUTION & VENUE

All disputes, motions, or adversary proceedings arising under or related to this Petition Package shall be heard exclusively by the Bankruptcy Court identified in the caption. Arbitration is unavailable. A jury trial may be had only if (i) expressly authorized by statute and (ii) the Bankruptcy Court or District Court so orders.

9. GENERAL PROVISIONS

9.1 Amendments. Schedules and Statements may be amended by filing the amended document(s) marked “AMENDED,” together with Official Form 106-Dec or Form 202-Decl and paying the applicable amendment fee.

9.2 Severability. Invalidity of any provision of the Bankruptcy Code or Local Rules shall not affect the remaining provisions of this Petition Package.

9.3 Integration. This Petition Package, including all Attachments, constitutes the entire filing required under Fed. R. Bankr. P. 1007(b) for commencing a voluntary Chapter 7.

9.4 Counterparts; Electronic Signatures. This Petition Package may be executed in multiple counterparts, each of which is deemed an original. Signatures effected via the Court’s electronic filing system constitute original signatures per L.B.R. 5005-1.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Debtor(s) and, if applicable, counsel have executed this Petition Package on the Effective Date set forth above.

Debtor: ______ Date: ___
Joint Debtor (if any): ___ Date: _______

Counsel for Debtor(s): ___
Firm: _______
PA Bar ID: __ Date: _______

[Notary acknowledgment only if required for specific Local Rule exhibit.]

11. ATTACHMENT INDEX

(Insert each Official Bankruptcy Form exactly as promulgated; populate shaded placeholders.)

1. Official Form 101 – Voluntary Petition for Individuals Filing for Bankruptcy
   • [// GUIDANCE: Check the “Chapter 7” box; insert marital status; list all aliases; complete statistical summary.]

2. Official Form 121 – Statement About Your Social Security Numbers
   • [// GUIDANCE: File UNDER SEAL per Fed. R. Bankr. P. 1007(f).]

3. Schedules (Official Forms 106A/B–J)
   • 106A/B – Property
   • 106C – Claim of Exemptions (Pennsylvania-Specific Worksheet)

Category Statute Elected Amount Claimed Current Value

Homestead (if federal) 11 U.S.C. § 522(d)(1) $[_] $[]
Wearing Apparel PA or § 522(d)(3) $[_] $[]
Tools of Trade PA or § 522(d)(6) $[_] $[]
Retirement Accounts § 522(d)(12) FULL $[_]
Wildcard § 522(d)(5) $[] $[____]

[// GUIDANCE: If choosing PA exemptions, replace rows with the state-specific categories and statutory caps; attach continuation sheet if needed.]

• 106D – Secured Claims
• 106E/F – Unsecured Claims
• 106G – Executory Contracts/Leases
• 106H – Co-Debtors
• 106I – Income
• 106J – Expenses
• 106Dec – Declaration About Schedules

4. Summary of Assets and Liabilities (Form 106Sum)

5. Declaration About an Individual Debtor’s Schedules (Form 106-Dec)

6. Official Form 122A-1 & A-2 – Means Test (Individuals) or N/A for non-individuals.

7. Statement of Financial Affairs (SOFA – Official Form 107)

8. Local Rule Supplements
   • Certification of Credit Counseling (E.D. Pa. L.B.R. 1002-1(c))
   • Verification of Creditor Matrix (all districts)
   • Payment Advices Cover Sheet (W.D. Pa. L.B.R. 1007-1(f))

9. Form 2030 – Disclosure of Compensation of Attorney for Debtor

10. Form 108 – Statement of Intention (Individuals with secured debts)

11. Proposed Order for Joint Administration (only if spouses file jointly but maintain separate estates)

12. Certificates of Service for each document not filed electronically.

FINAL PRACTICE NOTES

[// GUIDANCE: 1. Double-check District-specific filing checklists published on each Court’s website.
2. If emergency filing, the “skeletal petition” requires only Attachments 1, 2, and 6 (credit counseling certificate) plus filing fee or fee waiver. All remaining Schedules are due within 14 days.
3. Secure the Debtor’s wet signature on a hard-copy set of every OBF and retain for four (4) years per Fed. R. Bankr. P. 5005-4.
4. For asset cases, calendar the bar date once the Clerk issues the Notice of Case Commencement (Form 309A).
5. Trustee document delivery: Use the Bankruptcy Documents Portal (preferred by most PA panel trustees) at least seven (7) days before the § 341 meeting.
6. Review reaffirmation practice under 11 U.S.C. § 524(c) – unsecured reaffirmations are prohibited; secured reaffirmations require Form 2400 A/B ALT.
7. Post-discharge: Send reaffirmation reminders and monitor PACER for any § 727 or § 523 objections before destroying file.]

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