IMPORTANT DISCLAIMER
This template is for educational drafting purposes only and is not legal advice. Use of this template does not create an attorney–client relationship with the author or with OpenAI. Bankruptcy practice is highly technical and strictly time-sensitive; practitioners must consult the Federal Rules of Bankruptcy Procedure, the Official Bankruptcy Forms, the local rules of the United States Bankruptcy Court for the applicable Tennessee district (Eastern, Middle, or Western), and any standing orders of the assigned judge and trustee. Customize, review, and file this instrument only under the supervision of a qualified attorney admitted to practice before the United States Bankruptcy Court for the relevant district in Tennessee.
CHAPTER 7 VOLUNTARY BANKRUPTCY PETITION
(Individuals Filing for Bankruptcy – Tennessee)
Drafting Template Incorporating 11 U.S.C. §§ 101–1532; Fed. R. Bankr. P.; and Tennessee-Specific Exemptions & Local Practice
[// GUIDANCE: This template mirrors Official Form 101 (Voluntary Petition), integrates key cross-references to the Schedule C exemption election, and embeds practitioner comments for Tennessee practice. Official Form numbers appear in brackets for ease of cross-referencing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Petition Statements
- Representations & Warranties of the Debtor
- Covenants & Ongoing Duties
- Default, Dismissal & Remedies
- Risk Allocation & Disclaimers
- Dispute Resolution & Jurisdiction
- General Provisions
- Execution Block
- Exhibits & Schedules
A. Schedule C – Exemption Claim (Tennessee)
B. Local Rule Compliance Checklist (All TN Districts)
C. Trustee Initial Questionnaire (Model)
1. DOCUMENT HEADER
Voluntary Petition for Individuals Filing for Chapter 7 Bankruptcy
United States Bankruptcy Court for the [EASTERN / MIDDLE / WESTERN] District of Tennessee
Case No.: _____ (To be completed by the Court)
Chapter: 7
Debtor 1 (Name): _____ SSN: --____
Debtor 2 (Joint, if any): ____ SSN: --_
All Other Names Used in the last 8 years: ___
Mailing Address: ______
County of Residence: __ ZIP Code: _
Email: ___ Phone: () -_
Attorney for Debtor(s): _______
Tennessee BPR No.: ___
Firm Name: ___ Phone: () -_
Address: ________
Email: ______
Fee Status: ☐ Filing Fee Paid in Full ☐ Application to Pay in Installments ☐ Application for Fee Waiver (Official Form 103B)
[// GUIDANCE: Insert the full matrix of required statistical/administrative data (e.g., nature of debts, type of debtor, and bankruptcy case filing checklist) as mandated by Official Form 101, Part 1.]
Effective Date (“Petition Date”): Date file-stamped by Clerk.
Governing Law: United States Bankruptcy Code, 11 U.S.C. §§ 101 et seq.
Forum Selection: United States Bankruptcy Court for the [E/M/W] District of Tennessee.
Automatic Stay Reference: 11 U.S.C. § 362.
2. DEFINITIONS
For purposes of this Petition and the attached Schedules, the following terms have the meanings indicated. Capitalized terms used but not defined herein have the meanings given in the Bankruptcy Code or Federal Rules of Bankruptcy Procedure.
“Bankruptcy Code” means title 11 of the United States Code, 11 U.S.C. §§ 101–1532.
“Bankruptcy Court” means the United States Bankruptcy Court for the [E/M/W] District of Tennessee.
“Debtor” means the individual(s) identified in the Document Header.
“Petition Date” means the date on which this Petition is filed with the Clerk of the Bankruptcy Court.
“Schedules” means Official Forms 106A/B–J, 106Sum, 106Dec, 107, 108, and any supplements or amendments thereto.
“Trustee” means the Chapter 7 trustee appointed under 11 U.S.C. § 701 or elected under § 702.
“Tennessee Exemptions” means the property exemptions available under Tennessee law and elected by the Debtor pursuant to 11 U.S.C. § 522(b)(3)(A).
“341 Meeting” means the meeting of creditors convened under 11 U.S.C. § 341(a).
3. OPERATIVE PETITION STATEMENTS
3.1 Relief Requested. The Debtor hereby petitions for relief under chapter 7 of the Bankruptcy Code and requests:
a. Entry of an order for relief pursuant to 11 U.S.C. § 301(b);
b. Appointment of a Chapter 7 trustee;
c. Application of the automatic stay under 11 U.S.C. § 362;
d. Allowance of the Tennessee Exemptions as claimed in Schedule C; and
e. A discharge of debts in accordance with 11 U.S.C. § 727, subject to any objections or exceptions.
3.2 Election of Exemptions. Debtor elects the exemptions provided by state law (Tennessee) rather than the federal exemptions set forth in 11 U.S.C. § 522(d). See Schedule C attached hereto as Exhibit A.
3.3 Credit Counseling Compliance. Debtor certifies completion of an approved credit-counseling course within 180 days preceding the Petition Date and attaches Official Form 101, Part 5 certification. ☐ Certificate attached.
3.4 Prior Bankruptcy Cases (if any). [Provide case numbers, districts, and dismissal dates, or state “None.”]
3.5 Pending Bankruptcy Cases Concerning Debtor’s Affiliates. [Provide details or state “None.”]
4. REPRESENTATIONS & WARRANTIES OF THE DEBTOR
4.1 Eligibility. Debtor is eligible to be a debtor under chapter 7 pursuant to 11 U.S.C. § 109(b).
4.2 Accuracy of Information. All information contained in this Petition, the Schedules, Statements, and accompanying certificates is true and correct to the best of Debtor’s knowledge, information, and reasonable belief.
4.3 Good-Faith Filing. This Petition is filed in good faith and not for purposes of delay, fraud, or hindrance of creditors.
4.4 Means Test. Debtor has completed Official Form 122A-1 (Chapter 7 Statement of Current Monthly Income) and, if applicable, Form 122A-2 (Means Test Calculation). Debtor ☐ passes ☐ does not pass the means test.
4.5 Domestic Support Obligations. Debtor has listed all holders of domestic support obligations, if any, in Schedule E/F and acknowledges the priority status of such debts under 11 U.S.C. § 507(a)(1).
4.6 Asset Disclosure. Debtor has disclosed all interests in real and personal property, contingent and unliquidated claims, and all transfers within 2 years (or 10 years for certain trust transfers) as required by 11 U.S.C. §§ 521(a), 548.
4.7 Survival. The representations and warranties set forth in this Article IV survive the entry of discharge to the extent required by 11 U.S.C. §§ 523, 727, and 1141(d)(3).
5. COVENANTS & ONGOING DUTIES
5.1 Cooperation with Trustee. Debtor shall assist the Trustee in the administration of the estate, including turnover of non-exempt assets, records, and written explanations as requested under 11 U.S.C. § 521(a)(3)–(4).
5.2 Attendance at 341 Meeting. Debtor shall appear in person (or via approved remote means) at the § 341(a) meeting on the date and time noticed by the Clerk or Trustee and shall produce government-issued photo identification and proof of social security number.
5.3 Financial Reporting. Debtor shall promptly amend Schedules to reflect any post-petition acquisition of property under 11 U.S.C. § 541(a)(5) and any changes in financial condition until the case is closed.
5.4 Instructional Course on Financial Management. Debtor shall complete an approved financial-management course and file Official Form 423 no later than 60 days after the first date set for the 341 Meeting.
5.5 Notice Obligations. Debtor shall give written notice to the Trustee and the Clerk of any change in address, telephone number, or email within 14 days.
[// GUIDANCE: Local rules in each Tennessee district impose additional document-production duties (tax returns, pay advices, bank statements). Insert district-specific requirements in Exhibit B.]
6. DEFAULT, DISMISSAL & REMEDIES
6.1 Events of Default. Each of the following constitutes a default:
a. Failure to file required Schedules, Statements, or certificates within the time limits of Fed. R. Bankr. P. 1007;
b. Failure to appear at the 341 Meeting;
c. Failure to cooperate with the Trustee;
d. Abuse as determined under 11 U.S.C. § 707(b).
6.2 Remedies. Upon default, the Bankruptcy Court may, after notice and hearing, impose one or more of the following:
a. Dismissal of the case with or without prejudice;
b. Conversion to chapter 13 or chapter 11;
c. Denial of discharge under 11 U.S.C. § 727;
d. Monetary sanctions or civil contempt.
6.3 Cure. Where permissible, the Debtor may cure a default by performing the omitted act within the period fixed by the Court or Trustee.
7. RISK ALLOCATION & DISCLAIMERS
7.1 No Indemnification. Pursuant to the metadata, indemnification provisions are not applicable.
7.2 Limitation of Liability. The discharge entered under 11 U.S.C. § 727 serves as the statutory limitation of personal liability for dischargeable debts, subject to exceptions enumerated in 11 U.S.C. § 523.
7.3 Force Majeure. To the extent deadlines are fixed by statute or rule, force majeure does not extend filing periods absent a Court order (see Fed. R. Bankr. P. 9006).
7.4 Tax Consequences. Debtor acknowledges potential tax implications of debt cancellation and asset liquidation and is advised to seek professional tax counsel.
8. DISPUTE RESOLUTION & JURISDICTION
8.1 Exclusive Forum. All proceedings arising under or related to this case shall be filed in, or referred to, the United States Bankruptcy Court for the [E/M/W] District of Tennessee.
8.2 Jury Waiver. Consistent with 28 U.S.C. § 1411, the availability of jury trials in bankruptcy is limited. Debtor knowingly waives such jury rights as to core proceedings.
8.3 Arbitration. Arbitration is not available for core matters; non-core disputes are subject to the Court’s discretion.
8.4 Injunctive Relief. Debtor acknowledges that the automatic stay under 11 U.S.C. § 362 operates as a statutory injunction; violations are subject to sanctions under § 362(k).
9. GENERAL PROVISIONS
9.1 Amendments. Debtor may amend this Petition and Schedules in accordance with Fed. R. Bankr. P. 1009.
9.2 Severability. If any provision of this Petition is determined unenforceable, the remainder shall remain in full force consistent with bankruptcy law.
9.3 Integration. This Petition, the Schedules, Statements, and Exhibits constitute the entire filing required by Fed. R. Bankr. P. 1002 and Official Form 101.
9.4 Electronic Signatures. Signatures captured via the Court’s approved electronic-filing system have the same force as original signatures per Fed. R. Bankr. P. 5005 and local CM/ECF procedures.
10. EXECUTION BLOCK
I declare under penalty of perjury that the information provided in this Petition is true and correct.
DATED: __ LOCATION (City, State): ____
Debtor 1 Signature: ____ Date: ____
Debtor 2 Signature (if joint): ____ Date: _
Signature of Attorney for Debtor(s): ____
Printed Name: _____ Date: _
[If applicable] Signature of Non-Attorney Bankruptcy Petition Preparer: _______ Date: _
Notary Acknowledgment (if required by local practice):
State of _ )
County of __ ) On this ___ day of __, 20__, before me, ____, a Notary Public, personally appeared ___, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged that he/she/they executed the same for the purposes therein contained.
Notary Public: ___ My Commission Expires: _
11. EXHIBITS & SCHEDULES
EXHIBIT A – Schedule C (Tennessee Exemption Election) [OFFICIAL FORM 106C]
| Property | Specific Description | Statute Creating Exemption | Current Value of Claimed Exemption |
|---|---|---|---|
| Homestead | [Primary residence address] | Tenn. Code Ann. § 26-2-301 | $[INSERT CURRENT LIMIT] |
| Motor Vehicle | [Year/Make/Model] | Tenn. Code Ann. § 26-2-103 | $[____] |
| Wildcard | Cash/Depository Account | Tenn. Code Ann. § 26-2-102 | $[____] |
| Tools of Trade | [List] | Tenn. Code Ann. § 26-2-111 | $[____] |
| Personal Property | Household goods, clothing, etc. | Tenn. Code Ann. § 26-2-104 | $[____] |
[// GUIDANCE: Confirm current dollar amounts as they are periodically adjusted by statute. Tennessee has opted out of federal exemptions; failure to elect correctly can forfeit exemptions.]
EXHIBIT B – Local Rule Compliance Checklist
- Copy of most recent two years’ federal tax returns delivered to Trustee no later than 7 days before 341 Meeting. [E/M/W TN LBR 4002-1(b)].
- Pay advices for the 60 days preceding Petition Date filed with the Court or provided to Trustee.
- Personal identification and proof of SSN presented at 341 Meeting.
- Domestic Support Obligation Worksheet (if applicable) provided to Trustee.
- Bank statements covering the Petition Date provided to Trustee.
- Certificate of Service of Notice to all creditors within 7 days of filing creditor matrix.
[// GUIDANCE: Verify exact rule numbers; complete district-specific forms as updated.]
EXHIBIT C – Model Trustee Initial Questionnaire (Non-Official Form)
- Did you transfer any real property within the last 4 years? ☐ Yes ☐ No
- Do you expect a tax refund for the current or prior tax year? ☐ Yes ☐ No
- Have you repaid any relative or insider more than $600 in the last year? ☐ Yes ☐ No
- Are you the beneficiary or trustee of any trust? ☐ Yes ☐ No
- Do you have a claim against anyone (e.g., auto accident, employment claim)? ☐ Yes ☐ No
[// GUIDANCE: Provide completed questionnaire to Trustee at or before § 341 Meeting.]
END OF TEMPLATE
Keep this template with your working file. Before filing:
• Run a complete proof-of-claim review for exemption accuracy.
• Update dollar amounts to reflect current Tennessee exemptions and federal poverty guidelines (for means test).
• Double-check all social-security numbers, addresses, and creditor information.
• Confirm local rule citations against the latest amendments.
Judicious customization and meticulous review will materially reduce the risk of dismissal or objection.