IN RE:
[DEBTOR NAME(S)]
[Last four digits of SSN / EIN: ____]
Address: [STREET, CITY, STATE ZIP]

Debtor(s). Case No.: [To be assigned]
Chapter 7
Judge: [____]

VOLUNTARY PETITION FOR RELIEF UNDER
CHAPTER 7 OF THE BANKRUPTCY CODE

[// GUIDANCE: This master template is designed for attorney customization and conforms to 11 U.S.C. ch. 7, the Federal Rules of Bankruptcy Procedure (“FRBP”), and the Local Bankruptcy Rules for the District of South Dakota (“D.S.D. LBR”). It consolidates the required Official Forms (primarily Forms 101/201, 106–107, 108, 121, 122A, and related declarations), South Dakota–specific exemption schedules, and trustee-requested data sheets into a single, logically-organized document for streamlined drafting and e-filing. Replace bracketed fields, delete inapplicable brackets, and attach separate Official Forms if the court’s ECF system requires individual PDF uploads. ]

TABLE OF CONTENTS

I. Document Header & Caption
II. Definitions
III. Operative Provisions (Petition & Relief Requested)
IV. Debtor Representations, Warranties & Certifications
V. Covenants & Ongoing Obligations
VI. Default, Remedies & Sanctions Warning
VII. Risk Allocation & Discharge Parameters
VIII. Dispute Resolution, Governing Law & Venue
IX. General Provisions
X. Execution Block & Verification
XI. Exhibits & Schedules
• Schedule A/B – Property
• Schedule C – Exemptions (SD)
• Schedule D – Secured Claims
• Schedule E/F – Unsecured Claims
• Schedule G – Executory Contracts / Leases
• Schedule H – Codebtors
• Schedule I – Income
• Schedule J – Expenses
• Summary of Assets & Liabilities (Form 106Sum)
• Statement of Financial Affairs (SOFA) (Form 107)
• Statement of Intention (Form 108)
• Means Test (Form 122A-1 & -2, if applicable)
• Creditor Matrix
• Declaration About an Individual Debtor’s Schedules (Form 106Dec) / Non-Individual (Form 202)
• Verification of Creditor Matrix (Local Form)

I. DOCUMENT HEADER & CAPTION
1.1 Petitioning Party. The undersigned individual(s) or entity (the “Debtor”) hereby petitions for relief under chapter 7 of title 11 of the United States Code (the “Bankruptcy Code”).
1.2 Jurisdiction. This Court has jurisdiction under 28 U.S.C. §§ 157 & 1334; venue is proper pursuant to 28 U.S.C. § 1408.
1.3 Nature of Case. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) & (O).
1.4 Effective Filing Date. This Petition is deemed filed upon electronic transmission to the Court’s ECF system and receipt of the Notice of Electronic Filing (“NEF”).

II. DEFINITIONS
For purposes of this Petition and all accompanying schedules and statements:
“Automatic Stay” means the injunction arising under 11 U.S.C. § 362 upon the filing of this Petition.
“Bankruptcy Code” means title 11 of the United States Code, as amended.
“Court” means the United States Bankruptcy Court for the District of South Dakota.
“Debtor” means the individual, joint individuals, or non-individual entity seeking relief herein.
“Exemption Statutes” means either (a) the federal exemptions under 11 U.S.C. § 522(d) if elected, or (b) the South Dakota exemptions under SDCL ch. 43-45 and related statutes if the federal exemptions are waived.
“Petition” means this Voluntary Petition together with all Exhibits & Schedules.
“Trustee” means the chapter 7 panel trustee appointed under 11 U.S.C. § 701.
[Add additional defined terms as needed.]

III. OPERATIVE PROVISIONS
3.1 Petition & Relief Requested. Debtor hereby (a) declares insolvency or inability to pay debts as they become due; (b) requests an order for relief under chapter 7; and (c) submits to the supervisory jurisdiction of this Court and the United States Trustee (“UST”).
3.2 Filing of Schedules. Debtor attaches hereto, or will file within 14 days as permitted by FRBP 1007(c), complete and accurate Schedules, Statements, and other documents required by the Bankruptcy Code, FRBP, and D.S.D. LBR.
3.3 Exemption Election. Debtor elects [☐ Federal § 522(d) / ☐ South Dakota state] exemptions and lists all claimed exempt property on Schedule C.
3.4 Means Test Compliance. If Debtor is an individual with primarily consumer debts, the completed Form 122A-1 (& -2 if required) is attached, demonstrating either (a) presumed eligibility for chapter 7 or (b) special-circumstances rebuttal.
3.5 Filing Fee. Debtor [☐ remits the full filing fee / ☐ applies for fee installment / ☐ applies for fee waiver] concurrently herewith.
3.6 Credit Counseling. Debtor received an approved credit-counseling briefing within 180 days pre-petition and attaches the certificate per 11 U.S.C. § 109(h) OR requests a waiver [§ 109(h)(4)].

IV. DEBTOR REPRESENTATIONS, WARRANTIES & CERTIFICATIONS
4.1 Accuracy. Debtor certifies under penalty of perjury that the information in this Petition and all attached documents is true and correct to the best of Debtor’s knowledge, information, and reasonable belief.
4.2 Prior Filings. Debtor discloses any bankruptcy cases filed in the last 8 years in Part 2 of this Petition.
4.3 Pending Actions. Debtor lists all pending lawsuits, garnishments, or repossessions on SOFA Part 4.
4.4 Insider Transactions. Transfers to insiders within 1 year pre-petition are fully disclosed on SOFA Part 2.
4.5 Domestic Support. If Debtor owes domestic-support obligations (“DSO”), all claimants are listed on Schedule E/F and Debtor will remain current post-petition.
4.6 Materiality & Survival. These representations survive conversion or dismissal.

V. COVENANTS & ONGOING OBLIGATIONS
5.1 Cooperation with Trustee. Debtor shall appear at the § 341 Meeting, provide tax returns, bank statements, and other documents per 11 U.S.C. § 521 and the Trustee’s written requests.
5.2 Turnover of Property. Debtor will surrender non-exempt estate property and cooperate in its liquidation.
5.3 Reaffirmation / Redemption. For personal property subject to a purchase-money security interest, Debtor will file a Statement of Intention (Form 108) and perform within 30 days post-§ 341 or as otherwise ordered.
5.4 Post-Petition Asset Reporting. Debtor will promptly report any inheritance, divorce proceeds, or life-insurance benefits to the Trustee if acquired within 180 days of filing.
5.5 Change of Address. Debtor must file a notice within 14 days of any address change (FRBP 4002(a)(5)).

VI. DEFAULT, REMEDIES & SANCTIONS WARNING
6.1 Failure to Supply Information. Non-compliance may result in dismissal under 11 U.S.C. § 707(a) or denial of discharge under § 727(a)(3)-(4).
6.2 False Oaths. Knowingly false statements may constitute bankruptcy fraud under 18 U.S.C. § 152 and are punishable by fines and/or imprisonment.
6.3 Conversion. The Court may convert or dismiss under § 707(b) if the presumption of abuse arises and is not rebutted.

VII. RISK ALLOCATION & DISCHARGE PARAMETERS
7.1 Indemnification. Not applicable in consumer chapter 7 cases.
7.2 Limitation of Liability. Upon entry of discharge under 11 U.S.C. § 727, Debtor’s personal liability on dischargeable claims is permanently enjoined subject to § 523 exceptions.
7.3 Force Majeure. The Automatic Stay functions as a statutory injunction; no additional clause required.

VIII. DISPUTE RESOLUTION, GOVERNING LAW & VENUE
8.1 Governing Law. This Petition is governed by the Bankruptcy Code, FRBP, and D.S.D. LBR.
8.2 Exclusive Forum. All matters arising under or related to this case shall be heard exclusively in the United States Bankruptcy Court for the District of South Dakota.
8.3 Arbitration. Not applicable—core bankruptcy jurisdiction is non-arbitrable absent specific court order.
8.4 Jury Trial. To the extent any matter may be tried to a jury, Debtor acknowledges the limited availability of jury trials in bankruptcy and consents to the Court’s jurisdiction.
8.5 Injunctive Relief. Parties are bound by the Automatic Stay per § 362; additional injunctive relief must be sought by motion.

IX. GENERAL PROVISIONS
9.1 Amendments. Debtor may amend schedules as of right before case closure (FRBP 1009(a)); notice must be served on affected parties.
9.2 Severability. If any portion of this Petition is invalid, remaining provisions survive to the fullest extent permitted.
9.3 Integration. This Petition and the Official Forms referenced herein constitute the entire filing; no prior oral statements modify these documents.
9.4 Electronic Signatures. Debtor authorizes the use of /s/ signatures consistent with D.S.D. LBR 5005-4.
9.5 Successors. Obligations and benefits hereunder bind Debtor’s bankruptcy estate and inure to any duly-appointed successor trustee.

X. EXECUTION BLOCK & VERIFICATION
I declare under penalty of perjury that the foregoing is true and correct.

Dated: __

____ ____
[Debtor Signature] [Joint Debtor Signature, if any]
Printed Name: ___ Printed Name: ___

Attorney for Debtor(s): ____ Bar No.: _
Address: ______
Phone: __ Email: __

[NOTARY BLOCK – only if required by local rule for paper filings]

XI. EXHIBITS & SCHEDULES (Attach or file separately as directed by ECF)
• Official Form 101 (Individuals) OR 201 (Non-Individuals) – Voluntary Petition Core Data
• Schedules A/B through J (Official Forms 106A/B–106J)
• Schedule C – Exemptions (see below)
• Summary of Assets & Liabilities (106Sum)
• Statement of Financial Affairs (107)
• Statement of Intention (108)
• Means Test Calculation (122A)
• Creditor Matrix & Verification (Local Form)
• Certificate of Credit Counseling
• Pay-Stubs / Income Records (last 60 days)
• Tax Return (last filed year) – provide to Trustee only
• Local Form – Declaration Re: Electronic Filing (if applicable)

SOUTH DAKOTA-SPECIFIC EXEMPTION SCHEDULE (Schedule C)

[// GUIDANCE: South Dakota has opted out of the federal exemption scheme. Debtor may, however, elect federal § 522(d) exemptions if the petition date precedes an opt-out effective date or Debtor has not been domiciled in SD for 730 days. Insert the correct exemption statutes or select federal exemptions accordingly.]

Example Entries (partial list—counsel must confirm current SDCL citations):
• Homestead: SDCL § 43-45-3 ……………………………… $ [PLACEHOLDER]
• Personal Property (aggregate): SDCL § 43-45-4…………… $ [PLACEHOLDER]
• Tools of Trade: SDCL § 43-45-6 …………………………… $ [PLACEHOLDER]
• Insurance Proceeds: SDCL § 58-12-4 …………………… 100% (qualified)
• Motor Vehicle: SDCL § 43-45-2 (subset) ………………… $ [PLACEHOLDER]
[Add or modify as required.]

TRUSTEE INITIAL DOCUMENT DELIVERY CHECKLIST (D.S.D. LBR 2003-1)

Within 7 days prior to the § 341 Meeting, Debtor shall provide the Trustee:
☐ Prior 2 years federal & state tax returns
☐ Six months of bank statements for all accounts
☐ Vehicle titles / real-estate deeds
☐ Proof of insurance on any collateral
☐ Valuation appraisals (if available)
☐ Domestic Support Obligation statement (if applicable)

CERTIFICATE OF SERVICE

I hereby certify that on [DATE] a true and correct copy of the foregoing Petition and all required schedules were electronically filed with the Clerk of the Court using the CM/ECF system, which sent notification to all registered participants, and that I mailed hard copies to all non-CM/ECF creditors listed on the creditor matrix.

[Attorney Name], Counsel for Debtor(s)

[// GUIDANCE: 1) Review D.S.D. LBR for any additional local forms (e.g., Local Form 4001-1 for reaffirmations). 2) For joint debtor cases, ensure every schedule is labeled “Debtor 1/Debtor 2.” 3) The court’s ECF system may reject a single-file omnibus petition—if so, break this template into individual Official Form PDFs. 4) Verify exemption amounts against current dollar limits; adjust annually for inflation where statutes allow. 5) Remove guidance comments before final filing.]