CHAPTER 7 BANKRUPTCY PETITION
United States Bankruptcy Court – District of South Carolina
[// GUIDANCE: This attorney-drafted template is designed to accompany—and not replace—the Official Bankruptcy Forms that must be filed in every Chapter 7 case. Attach the completed Official Forms (OF) listed in the Appendix. This cover document pulls the case-critical representations, warranties, and covenants into a single, court-ready pleading that satisfies local practice in South Carolina (“SC”) and enhances enforceability should any challenge to the Debtor’s discharge arise.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Appendix — Required Official & Local Forms
1. DOCUMENT HEADER
1.1 Caption.
UNITED STATES BANKRUPTCY COURT
DISTRICT OF SOUTH CAROLINA
In re: [DEBTOR LEGAL NAME] ) Case No. _-bk-_
[Joint Debtor Legal Name] (if any) ) Chapter 7
)
Debtor(s). )
__________)
1.2 Recitals.
A. The above-captioned debtor(s) (“Debtor”) seek relief under chapter 7 of title 11 of the United States Code (the “Bankruptcy Code”).
B. Pursuant to 11 U.S.C. § 301 and Fed. R. Bankr. P. 1007, Debtor files the voluntary petition and all schedules, statements, and declarations required under federal law, the Local Bankruptcy Rules for the District of South Carolina (“SC LBR”), and the Standing Chapter 7 Trustee Guidelines (“Trustee Guidelines”).
1.3 Effective Date & Jurisdiction.
This Petition is effective upon its electronic filing with the Clerk of Court on [PETITION DATE] (the “Petition Date”). Exclusive jurisdiction lies with the United States Bankruptcy Court for the District of South Carolina.
2. DEFINITIONS
For ease of reference, the following capitalized terms are used throughout this document (alphabetical order):
“Bankruptcy Code” – Title 11, United States Code.
“Court” – United States Bankruptcy Court, District of South Carolina.
“Debtor” – The individual or non-individual entity initiating this Chapter 7 case.
“Petition Date” – The date on which the Voluntary Petition (OF 101 or OF 201) is filed.
“SC Exemptions” – State law exemptions available under S.C. Code Ann. § 15-41-30 et seq., as periodically adjusted.
“Schedules” – Official Bankruptcy Schedules A/B through J, Summary of Assets & Liabilities, and all statements and declarations filed contemporaneously herewith.
“Trustee” – The Chapter 7 trustee appointed in this case.
[// GUIDANCE: Add any deal-specific terms here; keep list alphabetized.]
3. OPERATIVE PROVISIONS
3.1 Filing of Petition & Forms.
Debtor hereby files:
a. Voluntary Petition (OF 101 – individuals / OF 201 – non-individuals);
b. Schedules, Statement of Financial Affairs (OF 107/207), and all other Official Forms listed in the Appendix;
c. Local SC Certifications and matrices required by SC LBR 1007-1.
3.2 Payment of Filing Fee.
Debtor shall pay the statutory filing fee in full or, if eligible, file OF 103A (Application to Pay Filing Fee in Installments) or OF 103B (Application for Waiver). Failure to comply constitutes cause for dismissal.
3.3 Automatic Stay.
Pursuant to 11 U.S.C. § 362, the filing of this Petition operates as a stay against creditor action except as otherwise provided by law.
3.4 Claim of Exemptions.
Debtor elects the SC Exemptions and lists all claimed exemptions on Schedule C, referencing S.C. Code Ann. § 15-41-30 and the current dollar amounts in effect on the Petition Date.
3.5 Conditions Precedent.
The following are conditions precedent to entry of a discharge:
a. Completion of an approved credit-counseling course (11 U.S.C. § 109(h)) and filing of OF 101.
b. Completion of an approved financial-management course and filing of OF 423 within 60 days after the first date set for the § 341 meeting.
4. REPRESENTATIONS & WARRANTIES
Debtor represents and warrants to the Court, the Trustee, and all parties-in-interest that, as of the Petition Date:
4.1 Eligibility — Debtor qualifies for Chapter 7 relief under 11 U.S.C. § 109.
4.2 Accuracy — All information in the Petition, Schedules, SOFA, and any amendments is true, correct, and complete to the best of Debtor’s knowledge, information, and reasonable belief.
4.3 Credit Counseling — Debtor received the briefing required by 11 U.S.C. § 109(h)(1) within 180 days before the Petition Date or qualifies for a statutory exception.
4.4 Prior Discharge — Debtor has not received a discharge in a Chapter 7 case filed within eight (8) years or a Chapter 13 case filed within six (6) years, per 11 U.S.C. § 727(a)(8)–(9).
4.5 Means Test — Debtor’s calculation on OF 122A-1 (and, if required, OF 122A-2) is accurate and based on verifiable documentation.
4.6 Asset Disclosure — All interests in property—tangible or intangible—are fully disclosed on Schedule A/B.
4.7 Exemption Basis — Every SC Exemption claimed on Schedule C is supported by applicable statutory authority.
[// GUIDANCE: Modify or add representations for business debtors (e.g., insolvency, board approval) as needed.]
4.8 Survival.
The representations and warranties in this Section survive confirmation, conversion, or dismissal of the case to the extent necessary to enforce any order of the Court.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation.
Debtor shall cooperate with the Trustee and the United States Trustee (“UST”), including producing documents, testifying under oath, and surrendering non-exempt property.
5.2 § 341 Meeting.
Debtor shall appear, in person or via approved remote means, at the § 341 meeting of creditors and any continued sessions.
5.3 Turnover.
Within seven (7) days after the § 341 meeting—or such later date as the Trustee permits—Debtor shall turn over all non-exempt estate property and any recorded titles requested by the Trustee.
5.4 Amendments.
Debtor shall promptly amend Schedules to reflect any change in financial condition, discovery of additional assets, or correction of inaccuracies, and serve notice as required by Fed. R. Bankr. P. 1009 and SC LBR 1009-1.
5.5 Post-Petition Taxes & Domestic Support.
Debtor shall remain current on post-petition domestic-support obligations and any tax filings due before discharge eligibility is determined.
6. DEFAULT & REMEDIES
6.1 Events of Default.
The following constitute “Events of Default”:
a. Failure to attend the § 341 meeting without excuse;
b. Failure to provide requested documents to the Trustee within fifteen (15) days of request;
c. Material misrepresentation or omission in any filed document;
d. Failure to complete the post-petition financial-management course within the statutory period.
6.2 Notice & Opportunity to Cure.
Except for intentional fraud, Debtor shall have ten (10) days’ written notice to cure any default before a motion to dismiss or deny discharge is filed.
6.3 Remedies.
Upon an uncured Event of Default, the Trustee, UST, or any party-in-interest may seek:
a. Dismissal of the case (11 U.S.C. § 707(a));
b. Denial or revocation of discharge (§ 727);
c. Turnover of assets (§ 542); and/or
d. Imposition of sanctions under Fed. R. Bankr. P. 9011.
6.4 Attorneys’ Fees.
If the Court finds the Debtor in default under Section 6, Debtor may be liable for the reasonable attorneys’ fees and costs of the prevailing party, subject to Court approval under 11 U.S.C. § 330.
7. RISK ALLOCATION
7.1 Indemnification.
Not applicable (consumer debtors generally may not indemnify third parties in a Chapter 7 petition).
7.2 Limitation of Liability.
Upon entry of a discharge under 11 U.S.C. § 727, Debtor’s personal liability for pre-petition dischargeable debts is permanently enjoined, subject to the exceptions set forth in §§ 523 and 727.
7.3 Force Majeure.
A delay caused by events beyond Debtor’s reasonable control (e.g., natural disaster, serious illness) tolls any deadline herein, provided Debtor promptly notifies the Trustee and files a motion to extend time under Fed. R. Bankr. P. 9006.
8. DISPUTE RESOLUTION
8.1 Governing Law.
This Petition and any dispute arising under it are governed by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and, to the extent not pre-empted, the laws of the State of South Carolina.
8.2 Forum Selection.
Exclusive venue lies in the United States Bankruptcy Court for the District of South Carolina.
8.3 Arbitration.
Not available; the Court retains exclusive jurisdiction over all bankruptcy matters.
8.4 Jury Waiver.
To the extent a jury trial right exists, Debtor knowingly and voluntarily waives such right in any proceeding arising under, in, or related to the bankruptcy case, except where such waiver is prohibited by applicable law.
8.5 Injunctive Relief.
Nothing herein limits the automatic stay or discharge injunction provided by §§ 362 and 524, nor the Court’s equitable powers under § 105.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers.
Must be in writing, filed with the Court, and shall become effective only upon entry of an order approving the amendment or waiver.
9.2 Assignment.
Debtor may not assign any rights or delegate any duties hereunder without Court approval.
9.3 Successors & Assigns.
These provisions bind Debtor, any trustee or successor trustee, and all creditors and parties-in-interest.
9.4 Severability.
If any provision is unenforceable, the remainder shall remain in full force, provided the fundamental purpose of the Petition is preserved.
9.5 Integration.
This document, together with the attached Official and Local Forms, constitutes the entire petition package; there are no oral understandings that modify it.
9.6 Electronic Signatures.
Pursuant to SC LBR 5005-4 and Fed. R. Bankr. P. 5005, electronic signatures executed via the CM/ECF system have the same force and effect as original signatures.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Debtor executes this Petition under penalty of perjury on the date(s) set forth below.
Debtor: _____ Date: ____
[PRINT NAME]
Joint Debtor (if any): ___ Date: __
Attorney for Debtor: ____ Date: _______
[LAW FIRM NAME]
Bar No.: [SC BAR #]
Address: [FIRM ADDRESS]
Phone: [PHONE]
Email: [EMAIL]
[// GUIDANCE: SC requires the attorney to sign the petition electronically using the /s/ convention in CM/ECF and maintain a signed original under SC LBR 9011-1.]
Notary (only if paper-filed):
State of South Carolina, County of _
Subscribed and sworn before me on _, 20.
Notary Public: ____
My Commission Expires: ___
[// GUIDANCE: Most Chapter 7 cases are e-filed; notarization is typically unnecessary unless local rule or unusual circumstance requires a paper signature.]
11. APPENDIX — REQUIRED OFFICIAL & LOCAL FORMS
(Attach completed forms as Exhibits A – K)
A. OF 101 or OF 201 – Voluntary Petition
B. OF 121 – Statement About Social Security Numbers
C. Creditor Matrix & SC Local Form 1007-1(B) Verification
D. Schedules A/B through J & Summary of Assets/Liabilities
E. OF 106Dec/202 – Declaration About Schedules
F. OF 107/207 – Statement of Financial Affairs
G. OF 122A-1 (and 122A-2 if required) – Means Test
H. OF 423 – Certification About a Financial-Management Course
I. SC Local Form 4008-1 – Reaffirmation Agreement Cover Sheet (if any)
J. SC Local Form 2090 – Attorney Certification of No Prior Business Filing (if applicable)
K. Any additional documents required by the Trustee’s initial information package.
[// GUIDANCE: The above list reflects SC local practice as of the date of drafting. Verify no rule amendments have taken effect before filing.]
DISCLAIMER
This template is a drafting aid prepared for licensed attorneys. It does not create an attorney-client relationship and does not constitute legal advice. Customize all bracketed placeholders, verify all statutory references and dollar amounts (particularly SC exemption limits, which adjust every odd-numbered year), and review current local rules, standing orders, and trustee guidelines before filing.