UNITED STATES BANKRUPTCY COURT
[DISTRICT NAME] DISTRICT OF TEXAS
VOLUNTARY PETITION FOR CHAPTER 7 RELIEF
(Official Forms 101/201, 106A–H, 107, 108, 121, 122A-1/2, and Local Variants Consolidated Into a Single Attorney-Facing Template)
[// GUIDANCE: 1. This master template consolidates all required federal and Texas-specific Chapter 7 filing components into one court-ready packet.
2. Bracketed ALL-CAPS text marks fields counsel must customize or delete.
3. Cross-references auto-update if the document is prepared in a modern word-processing suite with field codes enabled.
4. Verify the correct divisional venue (e.g., Northern District–Dallas Division) before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Petition & Exhibits
3.1 Voluntary Petition Face Sheet (Official Form 101/201)
3.2 Exhibit A – Creditor Matrix
3.3 Exhibit B – Certificate of Credit Counseling / Exigent Circumstances Statement
3.4 Exhibit C – Chapter 7 Statement of Your Current Monthly Income (Form 122A-1)
3.5 Exhibit D – Means Test Calculation (Form 122A-2), if required
3.6 Exhibit E – Summary of Assets & Liabilities (Form 106Sum)
3.7 Exhibit F – Schedules A/B–H (Property, Exemptions, Claims, Executory Contracts & Co-Debtors)
3.8 Exhibit G – Statement of Financial Affairs (Form 107)
3.9 Exhibit H – Declaration Concerning Debtor’s Schedules (Form 106Dec) - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. “Voluntary Petition for Relief Under Chapter 7 of the United States Bankruptcy Code.”
1.2 Parties.
a. Debtor 1: [FULL LEGAL NAME], SSN/ITIN: xxx-xx-[LAST 4].
b. Joint Debtor 2 (if any): [FULL LEGAL NAME], SSN/ITIN: xxx-xx-[LAST 4].
c. Mailing Address: [STREET, CITY, TX ZIP].
d. County of Residence: [COUNTY].
1.3 Recitals.
WHEREAS, each Debtor (individually and collectively, “Debtor”) seeks a discharge of eligible debts pursuant to 11 U.S.C. §§ 701–784; and
WHEREAS, venue is proper in this Court under 28 U.S.C. § 1408;
1.4 Effective Date. The “Petition Date” is the date stamped by the Clerk upon electronic filing.
1.5 Jurisdiction. This Court has subject-matter jurisdiction under 28 U.S.C. §§ 157 & 1334; core proceeding per 28 U.S.C. § 157(b)(2).
2. DEFINITIONS
Unless the context requires otherwise, the following capitalized terms apply throughout this Petition:
“Bankruptcy Code” – Title 11 of the United States Code.
“Bankruptcy Court” – The United States Bankruptcy Court for the [DISTRICT NAME] District of Texas.
“Debtor” – The person(s) identified in § 1.2.
“Petition Date” – See § 1.4.
“Property of the Estate” – Property defined in 11 U.S.C. § 541.
“Schedules” – Collectively, Official Forms 106A/B through 106H, as modified herein.
“Trustee” – The Chapter 7 panel trustee appointed under 11 U.S.C. § 701.
3. OPERATIVE PETITION & EXHIBITS
3.1 Voluntary Petition Face Sheet (Official Form 101/201)
[PLACEHOLDER: Populate all mandatory data fields, including Prior Bankruptcy Cases (last 8 years), Nature of Debts (consumer/business), Chapter selection “7”, and Statistical/Administrative Items per Clerk’s ECF schema.]
3.2 Exhibit A – Creditor Matrix
Attach a text-format creditor mailing matrix complying with Local Bankruptcy Rule (“LBR”) 1007-1(a) (single-column, no special characters).
3.3 Exhibit B – Certificate of Credit Counseling / Exigent Circumstances
Option 1: Attach certificate dated within 180 days pre-petition (11 U.S.C. § 109(h)(1)).
Option 2: File a motion for temporary waiver and include a sworn statement of exigent circumstances.
3.4 Exhibit C – Chapter 7 Statement of Current Monthly Income (Form 122A-1)
[PLACEHOLDER: Insert household size, gross income for the six calendar months preceding the Petition Date, and median income comparison for Texas.]
3.5 Exhibit D – Means Test Calculation (Form 122A-2) – only if income exceeds median
[// GUIDANCE: Even if Form 122A-2 shows presumption of abuse, Debtor may rebut under 11 U.S.C. § 707(b)(2)(B). Include narrative explanation if relying on special circumstances.]
3.6 Exhibit E – Summary of Assets & Liabilities (Form 106Sum)
Auto-populate once Schedules A/B–H are finalized. Verify assets = liabilities + equity.
3.7 Exhibit F – Schedules
A/B – Property:
• Real Property (A) – list legal descriptions, market values, secured liens.
• Personal Property (B) – inventory by category (household goods, electronics, firearms, crypto, etc.).
C – Claim of Exemptions (Texas-Specific)
[// GUIDANCE: Texas permits unlimited homestead exemption per Tex. Prop. Code §§ 41.001-.002; personal property aggregate cap $50,000 (single) / $100,000 (family) under Tex. Prop. Code § 42.001. Elect either Texas or federal scheme but not both (11 U.S.C. § 522(b)(3)(A)).]
[PLACEHOLDER: Identify statute cited for each item; ensure value does not exceed statutory cap.]
D – Secured Claims: list each creditor, collateral description, lien perfection date, and amount.
E/F – Unsecured Claims: priority (E) vs. non-priority (F). Include domestic support obligations, taxes, trade debts, credit cards, student loans, etc.
G – Executory Contracts & Unexpired Leases: auto-renewing cell contracts, vehicle leases, residential leases, timeshares, etc. Indicate “Assume” or “Reject”.
H – Co-Debtors: list name, address, and creditor relationship.
3.8 Exhibit G – Statement of Financial Affairs (Form 107)
Complete 28 questions covering income, payments to insiders, transfers, litigation, gifts, losses, financial accounts, business interests, and environmental issues.
3.9 Exhibit H – Declaration Concerning Debtor’s Schedules (Form 106Dec)
Must be executed by every Debtor under penalty of perjury (28 U.S.C. § 1746).
4. REPRESENTATIONS & WARRANTIES
4.1 Accuracy. Debtor represents that all information contained herein is true, complete, and correct to the best of Debtor’s knowledge, information, and reasonable belief.
4.2 Eligibility. Debtor warrants eligibility to be a debtor under Chapter 7 pursuant to 11 U.S.C. §§ 109 & 707, and has not intentionally dismissed a prior bankruptcy within 180 days to invoke the automatic stay improperly.
4.3 Credit Counseling Compliance. Debtor has satisfied 11 U.S.C. § 109(h) requirements or qualifies for a statutory exemption as documented in Exhibit B.
4.4 Prior Filings. All bankruptcy filings within the previous eight (8) years have been disclosed in § 3.1.
Survival. These representations survive conversion or dismissal of the case.
5. COVENANTS & RESTRICTIONS
5.1 Post-Petition Duties. Debtor shall:
a. Cooperate with the Trustee (11 U.S.C. § 521(a)(3));
b. Surrender non-exempt, unencumbered property of the estate;
c. Appear at the § 341 Meeting of Creditors;
d. File post-petition amendments promptly;
e. Complete a financial management course and file Form 423 within 60 days of the first § 341 meeting.
5.2 Non-Interference. Debtor shall not transfer, encumber, or conceal property of the estate absent Court order.
6. DEFAULT & REMEDIES
6.1 Event of Default. Material misstatement, fraudulent omission, or failure to perform any covenant constitutes default.
6.2 Cure. Debtor may cure a default within 14 days of written notice from the Trustee or a party in interest.
6.3 Remedies. Upon uncured default:
a. Trustee may seek dismissal under 11 U.S.C. § 707(a) or denial of discharge under § 727;
b. Creditors may file nondischargeability actions under §§ 523(a)(2), (4), or (6);
c. The United States Trustee (“UST”) may move for conversion to Chapter 11 or 13 under § 706.
6.4 Attorneys’ Fees. The prevailing party in any enforcement action related to this Petition may recover reasonable attorneys’ fees and costs subject to Court approval.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable—Bankruptcy estates do not generally provide debtor indemnities.
7.2 Limitation of Liability. Subject to 11 U.S.C. §§ 523 & 727, dischargeable debts shall be forever released as of the entry of a discharge order.
7.3 Force Majeure. Statutory automatic stay (11 U.S.C. § 362) functions as injunctive relief; no separate contractual force-majeure clause is required.
8. DISPUTE RESOLUTION
8.1 Governing Law. Federal bankruptcy law (Title 11, United States Code) and, where applicable, the Federal Rules of Bankruptcy Procedure (“FRBP”).
8.2 Forum Selection. All disputes shall be heard exclusively by the United States Bankruptcy Court for the [DISTRICT NAME] District of Texas.
8.3 Arbitration. Not available; the Bankruptcy Court retains jurisdiction over core matters.
8.4 Jury Waiver. To the fullest extent permitted, Debtor waives any right to a jury trial in connection with core proceedings; non-core proceedings are subject to the limited jury availability provided in 28 U.S.C. § 157(e).
8.5 Injunctive Relief. Upon filing, the automatic stay under 11 U.S.C. § 362 operates as a statutory injunction against most collection activity.
9. GENERAL PROVISIONS
9.1 Amendments. May be made by filing amended schedules or statements accompanied by the required declaration and noticing creditors per FRBP 1009(a).
9.2 Assignment. Rights and obligations herein are governed by the Bankruptcy Code and are not assignable by Debtor except as ordered by the Court.
9.3 Severability. If any provision is unenforceable, remaining provisions remain in effect to the maximum extent permitted.
9.4 Integration. This Petition, its Exhibits, and any subsequently filed amendments constitute the entire bankruptcy filing.
9.5 Electronic Signatures. Permitted under LBR 5005-1 and the Court’s Electronic Filing Procedures; retain original wet-ink signature for inspection.
9.6 Counterparts. This Petition may be executed in counterparts, each of which is deemed an original.
10. EXECUTION BLOCK
Executed under penalty of perjury (28 U.S.C. § 1746) on [DATE].
____ ____
[DEBTOR 1 NAME] [DEBTOR 2 NAME]
Debtor Joint Debtor (if any)
Address: [STREET, CITY, TX ZIP]
Telephone: [PHONE] Email: [EMAIL]
CONSENTED TO AND PREPARED BY:
[ATTORNEY NAME], State Bar No. [NUMBER]
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Debtor(s)
Notary Acknowledgment (if required by local practice):
State of Texas )
County of [COUNTY] ) ss.
On this ___ day of __, 20, before me, the undersigned Notary Public, personally appeared [NAME(S)], proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public, State of Texas
My Commission Expires: _______
[// GUIDANCE:
• File the packet electronically via CM/ECF; use event code “Voluntary Petition (Chapter 7)”.
• Pay the filing fee ($338) or file Application for Individuals to Pay the Filing Fee in Installments (Form 103A).
• Serve the § 341 meeting notice once issued.
• Within 14 days post-petition, provide tax returns to the Trustee per 11 U.S.C. § 521(e)(2).
• Local forms:
– TXEB LBR 4002-1 Questionnaire (Eastern District)
– TXSB “Initial Order for Chapter 7 Debtors” (Southern District)
– TXNB Appendix 118 (Northern District) for expedited reaffirmation guidelines.]