TEMPLATE
United States Bankruptcy Court
[Eastern / Western] District of Wisconsin
Chapter 7 Voluntary Petition Package
(Designed for use with Official Bankruptcy Forms, adapted for Wisconsin–specific requirements)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Voluntary Petition – Official Form 101)
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Wisconsin-Specific Schedules & Local Rule Compliance Checklist
1. DOCUMENT HEADER
IN RE:
[NAME OF INDIVIDUAL DEBTOR]
[and, if applicable, NAME OF JOINT DEBTOR]
(Address)
(Last four digits of SSN or ITIN: [####])
Debtor(s).
Chapter: 7
Case No.: -_ (to be assigned)
Judge: ________
Voluntary Petition Under Chapter 7 of the Bankruptcy Code
Effective as of the Petition Date: [MM/DD/YYYY]
Governing Law: Title 11 of the United States Code (“Bankruptcy Code”)
Forum: United States Bankruptcy Court, [Eastern / Western] District of Wisconsin
RECITALS
A. Debtor seeks a discharge of debts pursuant to 11 U.S.C. § 727.
B. Debtor elects to commence a case under Chapter 7 and submits the statements, schedules, and declarations annexed hereto.
C. Debtor acknowledges the protections and duties arising upon the filing of this Petition, including the automatic stay under 11 U.S.C. § 362.
2. DEFINITIONS
For purposes of this Petition Package the following terms have the meanings set forth below. Capitalized terms used but not defined herein shall have the meanings given in the Bankruptcy Code or the Federal Rules of Bankruptcy Procedure (“FRBP”).
“Automatic Stay” – The injunction imposed by 11 U.S.C. § 362 upon filing this Petition.
“Bankruptcy Court” or “Court” – The U.S. Bankruptcy Court for the [Eastern / Western] District of Wisconsin.
“Debtor” – The individual (or married couple, if a joint case) identified in the Document Header above.
“Estate” – The bankruptcy estate created under 11 U.S.C. § 541.
“Exempt Property” – Property claimed exempt by Debtor under applicable federal or Wisconsin law, as set forth on Schedule C.
“Petition Date” – The date on which the Clerk of the Bankruptcy Court receives this signed Voluntary Petition.
“Trustee” – The Chapter 7 trustee appointed under 11 U.S.C. § 701.
[// GUIDANCE: Use definitions consistently across all schedules and declarations.]
3. OPERATIVE PROVISIONS
(Tracking Official Form 101 – include all required questions; placeholders provided.)
3.1 Personal & Case Information
a. Debtor’s full legal name: [___]
b. All other names used in last 8 years: [__]
c. Address:
Street: [_]
City/State/ZIP: [_]
d. County of residence: [_]
e. Chapter of Bankruptcy Code: Chapter 7 (liquidation)
f. Nature of debts (consumer/business): [____]
g. Statistical/administrative information (check boxes per Form 101).
3.2 Venue Statement – 28 U.S.C. § 1408 satisfied because Debtor has resided or maintained a domicile, principal place of business, or principal assets in this District for the 180 days preceding the Petition Date.
3.3 Prior or Pending Bankruptcy Cases – [Yes/No]. If yes, provide district, case number, filing date, and disposition.
3.4 Credit Counseling – Debtor received an approved credit-counseling briefing within 180 days before filing (attach Certificate) OR qualifies for a statutory exemption under 11 U.S.C. § 109(h)(4).
3.5 Means Test – Debtor is an “individual with primarily consumer debts” and has completed Form 122A-1 (and, if required, Form 122A-2).
3.6 Request for Relief – Debtor requests an order for relief under Chapter 7.
[// GUIDANCE: Insert additional Form 101 prompts exactly as published by the Administrative Office of the U.S. Courts. All Official Forms are public domain and may be incorporated verbatim.]
4. REPRESENTATIONS & WARRANTIES
4.1 Eligibility. Debtor is qualified to be a debtor under 11 U.S.C. § 109(b).
4.2 Accuracy of Information. The information provided in this Petition and all accompanying schedules, statements, and lists is true and correct to the best of Debtor’s knowledge, information, and belief.
4.3 Completeness of Schedules. Debtor has listed all assets and liabilities, material financial affairs, executory contracts, and co-debtors.
4.4 Domicile. Debtor has maintained domicile or residence in Wisconsin (or another single state) for the 730-day period preceding the Petition Date, or otherwise satisfies 11 U.S.C. § 522(b)(3)(A) for exemption election purposes.
4.5 No Prior Abuse Dismissal. No bankruptcy case of Debtor was dismissed within the preceding 180 days for willful failure to abide by court orders or appear in court, or for voluntary dismissal after a motion for relief from stay.
Survival. The above representations shall remain operative post-petition and through discharge. Material misrepresentation constitutes cause for denial or revocation of discharge under 11 U.S.C. §§ 727(a)(4) & 727(d)(1).
5. COVENANTS & RESTRICTIONS
5.1 Cooperation with Trustee. Debtor shall cooperate with the Trustee, appear at the § 341 meeting, timely deliver tax returns, and surrender non-exempt property.
5.2 Post-Petition Financial Obligations. Debtor shall remain current on any domestic support obligations and post-petition secured debt payments (e.g., mortgage) absent court order.
5.3 Amendments. Debtor shall promptly amend schedules to correct inaccuracies or disclose newly-acquired property under FRBP 1009.
5.4 Notice Obligations. Debtor shall immediately notify the Court and Trustee of any change of address, employment, or financial condition until the closing of the case.
6. DEFAULT & REMEDIES
6.1 Events of Default
a. Failure to appear at § 341 meeting without excuse.
b. Failure to provide requested documents to Trustee within 14 days.
c. Bad-faith concealment or transfer of property.
d. Non-payment of required filing fee installments.
6.2 Remedies
a. Trustee may seek dismissal for cause under 11 U.S.C. § 707(a) or § 707(b).
b. U.S. Trustee may pursue denial or revocation of discharge under 11 U.S.C. § 727.
c. Civil or criminal contempt sanctions for violation of Court orders.
d. Turnover orders compelling delivery of property to the Estate under 11 U.S.C. § 542.
Attorney Fees & Costs. In any contested matter arising from Debtor’s default, the prevailing party may recover reasonable fees and costs as allowed under 11 U.S.C. § 330 or applicable law.
7. RISK ALLOCATION
7.1 Indemnification. N/A (not applicable to debtor’s petition).
7.2 Limitation of Liability. Debtor seeks discharge of all dischargeable debts pursuant to 11 U.S.C. § 727, subject to the exceptions of 11 U.S.C. § 523.
7.3 Force Majeure. Impossibility doctrines are governed by the Bankruptcy Code; no separate clause required.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Petition and all proceedings are governed by Title 11, United States Code, and the Federal Rules of Bankruptcy Procedure.
8.2 Exclusive Forum. All matters shall be heard and determined by the United States Bankruptcy Court for the [Eastern / Western] District of Wisconsin or, on reference withdrawal, the United States District Court for the same district.
8.3 Arbitration. Not available; core bankruptcy matters are non-arbitrable absent court approval.
8.4 Jury Waiver. To the extent a jury trial right exists in any non-core proceeding, Debtor acknowledges limited availability under 28 U.S.C. § 157(e) and waives such right subject to Court approval.
8.5 Injunctive Relief. The automatic stay under 11 U.S.C. § 362 operates as statutory injunctive relief.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Amendments to this Petition or schedules require compliance with FRBP 1009 and payment of any prescribed fee; no informal waiver is effective.
9.2 Assignment. Rights and obligations hereunder are personal to the Debtor and may not be assigned.
9.3 Successors. The rights of the Estate and Trustee are binding upon, and inure to the benefit of, all successors and assigns.
9.4 Severability. If any provision herein conflicts with the Bankruptcy Code or FRBP, such provision shall be deemed modified to comply, and the remaining provisions shall remain in full force.
9.5 Integration. This Petition, schedules, statements, and attachments constitute the entire submission required to commence a Chapter 7 case.
9.6 Counterparts. This Petition may be executed in counterparts, including electronic signatures compliant with Local Rule 5005 and ECF procedures.
10. EXECUTION BLOCK
I declare under penalty of perjury that the foregoing is true and correct.
Date: //20__
Debtor: ____
(Signature)
Printed Name: ___
[For Joint Debtor (if any)]
Joint Debtor: ____
(Signature)
Printed Name: ___
Attorney for Debtor (if any):
____
[Bar No.]
Firm: ____
Address: ____
Phone / Email: ________
[// GUIDANCE: Attach Official Form 101 signature page verbatim to comply with AOUSC requirements. Wisconsin does not require notarization; unsworn declaration suffices.]
11. WISCONSIN-SPECIFIC SCHEDULES & LOCAL RULE COMPLIANCE CHECKLIST
A. Exemption Schedule C – Indicate election:
[ ] Federal exemptions under 11 U.S.C. § 522(d)
[ ] Wisconsin exemptions under Wis. Stat. § 815.18 et seq.
[// GUIDANCE: Only one box may be checked. Election is irrevocable absent court order.]
B. Local Rules (Bankr. W.D. Wis. L.R. 1007 & E.D. Wis. Bankr. L.R. 1007) – Required items:
• Debtor’s Affidavit Re Verification of Creditor Matrix.
• Form Statement of Social Security Number (Official Form 121) – filed non-publicly.
• Payment Advices Cover Sheet (provide last 60 days of pay stubs or declaration of non-receipt).
• Domestic Support Obligation Checklist (if applicable).
C. Trustee Procedures (Standing Trustee Guidelines – Wisconsin):
• Tax Return Delivery: Provide most recent federal/state returns at least 7 days prior to § 341 meeting.
• Bank Statements: 60-day pre-petition period.
• Vehicle Titles & Real Estate Deeds: Originals or certified copies.
D. Filing Fee Options (28 U.S.C. § 1930):
[ ] Full fee enclosed
[ ] Application to pay in installments (Official Form 103A)
[ ] Application to waive fee (Official Form 103B) – only if income <150% of poverty level and unable to pay in installments.
E. Means Test Median Income Figures – Use current DOJ data for Wisconsin ([link placeholder]).
[// GUIDANCE: Practitioners should attach the complete set of Official Forms (101, 106A/B–J, 107, 121, 122A-1/2, 2030, etc.) after this template, integrating the Wisconsin-specific materials above. Confirm all ECF events and local signature requirements prior to filing.]