UNITED STATES BANKRUPTCY COURT

FOR THE [EASTERN / WESTERN] DISTRICT OF VIRGINIA

CHAPTER 7 VOLUNTARY PETITION PACKAGE

(Consolidated Template – Official Forms 101, 106, 107, 108, 121, 122A-1/-2, & Local Requirements)

[// GUIDANCE: This master template tracks the structure and content mandated by the Bankruptcy Code (11 U.S.C.), the Federal Rules of Bankruptcy Procedure (“Fed. R. Bankr. P.”), the Official Bankruptcy Forms promulgated by the Judicial Conference, and the Local Bankruptcy Rules and Standing Orders of the United States Bankruptcy Court for the Eastern/Western District of Virginia (collectively, the “Local Rules”). Bracketed placeholders must be completed and cross-checked before filing. Omit any inapplicable provisions and conform margins, fonts, and signature blocks to Official Form style requirements.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Voluntary Petition (Official Form 101)
   3.2 Schedules Summary (Official Forms 106A–106J)
   3.3 Exemption Schedule – Virginia (Official Form 106C)
   3.4 Means Test – Chapter 7 Statement of Current Monthly Income (Official Forms 122A-1 & 122A-2)
   3.5 Statement of Financial Affairs (Official Form 107)
   3.6 Creditor Matrix & Verification (Local Rule Requirement)
   3.7 Disclosure of Compensation of Attorney (Fed. R. Bankr. P. 2016(b))
   3.8 Debtor’s Certification of Completion of Credit Counseling (11 U.S.C. § 109(h))
   3.9 Debtor’s Statement of Intention (Official Form 108)
   3.10 Declaration Concerning Schedules & Statements
4. Representations & Warranties
5. Covenants & Continuing Duties
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Blocks
11. Master Filing Checklist (VA)

1. DOCUMENT HEADER

Case No.: __[To be assigned]
Chapter: 7 (Liquidation)
Judge: _____

In re:
• Debtor 1: ____ (Last 4 SSN: _)
• Debtor 2: _____ (Last 4 SSN: ) [If Joint]

Debtor’s Mailing Address: _________

Debtor’s County of Residence: ________ (Virginia)

Counsel for Debtor(s):

[Law Firm Name]
[Bar No.] • [Address] • [Phone] • [Email]

Effective Filing Date: [MM/DD/YYYY]

Venue & Jurisdiction: This Court has jurisdiction under 28 U.S.C. §§ 1334 & 157. Venue is proper in the [Eastern/Western] District of Virginia pursuant to 28 U.S.C. § 1408.

2. DEFINITIONS (alphabetical)

“Bankruptcy Code” – Title 11 of the United States Code (11 U.S.C.).
“Debtor(s)” – The individual(s) identified in the Document Header.
“Exempt Property” – Property listed on Schedule C claimed exempt under applicable Virginia exemption statutes and 11 U.S.C. § 522.
“Local Rules” – The Local Bankruptcy Rules, forms, standing orders, and trustee guidelines applicable in the United States Bankruptcy Court for the [Eastern/Western] District of Virginia.
“Petition Package” – Collectively, all documents enumerated in Section 3 of this template.
“Trustee” – The Chapter 7 trustee appointed pursuant to 11 U.S.C. § 701.

3. OPERATIVE PROVISIONS

3.1 VOLUNTARY PETITION – OFFICIAL FORM 101

[PLACEHOLDER: Insert fully completed Official Form 101. Ensure all check-boxes are accurate, particularly:
• Nature of debts (consumer/business);
• Prior bankruptcy cases within 8 years;
• Certification of credit counseling;
• Election of exemptions (Virginia is an opt-out state—federal exemptions unavailable).]

3.2 SCHEDULES SUMMARY – OFFICIAL FORMS 106A–106J

[PLACEHOLDER: Attach Schedules A/B (Property), C (Exemptions), D (Secured Claims), E/F (Unsecured Claims), G (Executory Contracts), H (Co-Debtors), I (Income), and J (Expenses).]

3.3 EXEMPTION SCHEDULE – VIRGINIA (FORM 106C)

[// GUIDANCE: Virginia requires use of state exemptions. Common categories include: homestead, tools of trade, personal injury proceeds, and retirement accounts. Verify timing and dollar limits. List each asset, specific statutory citation, and claimed exemption amount. File any required “Homestead Deed” with the appropriate Circuit Court within the statutory deadline, then upload proof of recordation.]

3.4 MEANS TEST – CURRENT MONTHLY INCOME (FORMS 122A-1 & 122A-2)

[PLACEHOLDER: Complete Part 1 median income comparison (Form 122A-1). If presumption of abuse arises, complete Part 2 (Form 122A-2) or state special circumstances. For disabled veterans or non-consumer debts, check appropriate boxes.]

3.5 STATEMENT OF FINANCIAL AFFAIRS – OFFICIAL FORM 107

[PLACEHOLDER: Provide detailed financial history (income, transfers, lawsuits, garnishments, business interests, etc.) for prescribed look-back periods.]

3.6 CREDITOR MATRIX & VERIFICATION

[// GUIDANCE: Prepare a text-only mailing matrix compliant with Local Rules formatting (one creditor per line, no special characters). File separate Verification declaring accuracy.]

3.7 DISCLOSURE OF COMPENSATION OF ATTORNEY (RULE 2016(b))

[PLACEHOLDER: State flat fee/ hourly arrangement, payments received pre-petition, and balance due.]

3.8 CERTIFICATION OF COMPLETION OF CREDIT COUNSELING

[PLACEHOLDER: Attach certificate from an approved provider dated within 180 days pre-petition (11 U.S.C. § 109(h)).]

3.9 STATEMENT OF INTENTION – OFFICIAL FORM 108

[PLACEHOLDER: Identify secured property/executory contracts and state intent (redeem, reaffirm, surrender) within 30 days of filing.]

3.10 DECLARATION CONCERNING SCHEDULES & STATEMENTS

The Debtor(s) declare under penalty of perjury that the foregoing Schedules, Statements, and accompanying documents are true and correct to the best of their knowledge, information, and belief.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority; Accuracy. Debtor(s) represent they are eligible to be debtors under Chapter 7, have reviewed the Petition Package, and that all information therein is complete and accurate.

4.2 No Prior Discharge Bar. Debtor(s) have not received a Chapter 7 discharge within 8 years preceding the Effective Filing Date nor a Chapter 13 discharge with payments completed within 6 years that would bar relief under 11 U.S.C. § 727(a)(8)–(9).

4.3 Asset Disclosure. Debtor(s) affirm they have disclosed all interests in property, contingent and unliquidated claims, and all transfers subject to avoidance.

4.4 Credit Counseling. Debtor(s) attest they complied with 11 U.S.C. § 109(h) or otherwise qualify for a statutory waiver.

4.5 Means Test Truthfulness. Information provided in Official Forms 122A-1/-2 is materially accurate and supported by documentation.

5. COVENANTS & CONTINUING DUTIES

5.1 Cooperation with Trustee. Debtor(s) shall cooperate fully with the Trustee, including furnishing tax returns, bank statements, pay advices, and other documents requested under 11 U.S.C. § 521(e)(2).

5.2 341 Meeting Attendance. Debtor(s) shall appear at the § 341 meeting of creditors and any continued meetings, either in person or via approved remote technology.

5.3 Financial Management Course. Debtor(s) shall complete an approved post-petition financial management course and file Official Form 423 within 60 days after the first date set for the § 341 meeting.

5.4 Address Changes. Debtor(s) shall promptly file a notice of any change of address until the case is closed.

5.5 Preservation of Estate Property. Debtor(s) shall not dispose of non-exempt property without court approval.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute defaults:
a. Failure to obey a lawful order of the Court or Trustee;
b. Non-appearance at the § 341 meeting without excuse;
c. Failure to timely file required schedules, statements, or certificates;
d. Failure to remit filing fee installments as ordered.

6.2 Remedies. Upon default, the Court may:
a. Dismiss the case;
b. Convert the case to Chapter 13 or 11;
c. Deny or revoke discharge (11 U.S.C. § 727(a));
d. Impose sanctions under Fed. R. Bankr. P. 9011;
e. Grant other relief deemed just and proper.

7. RISK ALLOCATION

7.1 Indemnification. Not applicable (consumer debtor petition).

7.2 Limitation of Liability. Upon entry of discharge under 11 U.S.C. § 727, most pre-petition personal liability of Debtor(s) is permanently enjoined and discharged, subject to exceptions enumerated in 11 U.S.C. § 523.

7.3 Force Majeure. If extraordinary circumstances outside Debtor(s)’ control (e.g., natural disaster, pandemic) impede compliance with a procedural deadline, Debtor(s) may seek extension or relief by motion pursuant to Fed. R. Bankr. P. 9006(b).

8. DISPUTE RESOLUTION

8.1 Governing Law. Matters arising under this case are governed by the Bankruptcy Code, applicable federal law, and to the extent not pre-empted, the laws of the Commonwealth of Virginia.

8.2 Forum Selection. Exclusive forum is the United States Bankruptcy Court for the [Eastern/Western] District of Virginia, except as otherwise provided in 28 U.S.C. § 1334(b) and related referrals.

8.3 Arbitration. Not available; core proceedings are subject to the exclusive jurisdiction of the Bankruptcy Court.

8.4 Jury Trial. Availability of jury trial is limited and subject to Bankruptcy Court and District Court determinations under 28 U.S.C. § 157(e).

8.5 Injunctive Relief. The automatic stay of 11 U.S.C. § 362 operates as an injunction against creditor collection activity upon filing of the Petition.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. Schedules and Statements may be amended as of right before the case is closed (Fed. R. Bankr. P. 1009(a)); court approval may be required thereafter.

9.2 Assignment. Rights and obligations of Debtor(s) under this Petition are not assignable.

9.3 Successors. The provisions of this Petition bind the estate and its representatives, including any Chapter 7 trustee or successor trustee.

9.4 Severability. If any provision herein conflicts with the Bankruptcy Code or Rules, the Code/Rules control and the remainder remains enforceable.

9.5 Integration. This Petition Package, together with all Official Forms and attachments, constitutes the entire filing required to commence the Chapter 7 case, except as supplemented by later-filed documents or court orders.

9.6 Counterparts & Electronic Filing. This Petition may be executed in multiple counterparts and filed electronically via CM/ECF, each of which is deemed an original. Signatures captured electronically or by /s/ notation are permitted under Fed. R. Bankr. P. 5005 and Local Rules.

10. EXECUTION BLOCKS

10.1 DEBTOR(S)

I declare under penalty of perjury that the information provided in this Petition Package is true and correct.

______ Date: //_____
Debtor 1 Signature

______ Date: //_____
Debtor 2 Signature [if joint]

10.2 ATTORNEY FOR DEBTOR(S)

Pursuant to Fed. R. Bankr. P. 9011(b), I certify that I have no knowledge that the information in this Petition is incorrect.

____ Date: //_
[Attorney Name], Esq.
[Virginia Bar No. ]

10.3 BANKRUPTCY PETITION PREPARER (If Applicable)

[Required disclosures under 11 U.S.C. § 110]

11. MASTER FILING CHECKLIST (VIRGINIA)

1. ✔ Voluntary Petition (Form 101)
2. ✔ Schedules A/B–J (Forms 106A–106J)
3. ✔ Summary of Assets & Liabilities (Form 106Sum)
4. ✔ Declaration About an Individual Debtor’s Schedules (Form 106Dec)
5. ✔ Exemption Schedule – VA (Form 106C) and Homestead Deed (filed & recorded)
6. ✔ Statement of Financial Affairs (Form 107)
7. ✔ Statement of Intention (Form 108)
8. ✔ Credit Counseling Certificate (pre-petition)
9. ✔ Means Test Calculation (Forms 122A-1 & 122A-2)
10. ✔ Verification of Creditor Matrix
11. ✔ Fee Disclosure (Rule 2016(b))
12. ✔ Filing Fee Paid / Application to Pay in Installments / Application to Waive Fee
13. ✔ Local Form(s) and Cover Sheet as required by the Clerk’s Office
14. ✔ Post-petition: Financial Management Course Certificate (Form 423)

[// GUIDANCE: File all documents in PDF text-searchable format. Upload creditor matrix as a separate .txt file. After filing, calendar the § 341 meeting, Means Test presumption deadlines, reaffirmation deadlines, and bar dates for objections to discharge.]

End of Template – Ready for Attorney Customization and Filing