Bankruptcy Petition - Chapter 7

VOLUNTARY PETITION FOR RELIEF UNDER CHAPTER 7 OF THE UNITED STATES BANKRUPTCY CODE

(West Virginia – Adapted Attorney Drafting Template)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Petition Statements
4. Representations, Warranties & Certifications
5. Schedules, Statements & Exhibits Checklist
6. Default Consequences & Remedies (Statutory)
7. Risk Allocation & Discharge Provisions
8. Governing Law, Venue & Jury Matters
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

United States Bankruptcy Court
[NORTHERN / SOUTHERN] District of West Virginia

Case No.: _____________ (to be assigned)
Chapter: 7
Judge: ________________

In re:
• Debtor 1: _______________________________________
• Debtor 2 (Joint, if any): __________________________
SSN/ITIN xxx-xx-______; EIN (if any) ______________

Debtor’s Mailing Address:
_______________________________________________
County of Residence: _____________________________

Date Petition Filed: ______________________________

2. DEFINITIONS

The following capitalized terms are used throughout this Petition and its accompanying schedules:

“Bankruptcy Code” – Title 11 of the United States Code.
“Bankruptcy Court” – The United States Bankruptcy Court for the [Northern / Southern] District of West Virginia.
“Debtor” – The individual (or married couple filing jointly) named above seeking relief under Chapter 7.
“Petition” – This Voluntary Petition, together with all schedules, statements, declarations, and local forms required for a complete Chapter 7 filing.
“Trustee” – The panel or standing trustee appointed under 11 U.S.C. § 701 et seq.
“Exemption Schedule” – Schedule C designating property the Debtor claims as exempt under 11 U.S.C. § 522 and applicable West Virginia or federal law.
“Local Rules” – The Local Bankruptcy Rules (“LBR”) for the Northern and Southern Districts of West Virginia, as amended.
“Automatic Stay” – The injunction arising upon filing of the Petition pursuant to 11 U.S.C. § 362.

3. OPERATIVE PETITION STATEMENTS

3.1 Voluntary Filing. The Debtor hereby voluntarily petitions for relief under Chapter 7 of the Bankruptcy Code.

3.2 Nature of Debtor. ☐ Individual; ☐ Joint husband & wife.

3.3 Prior Bankruptcies (past 8 years).
 Case No(s). _________________ District ___________ Disposition ___________

3.4 Venue & Eligibility. The Debtor has resided or maintained domicile in this district for the greater part of 180 days immediately preceding filing, satisfying 28 U.S.C. § 1408(1). The Debtor qualifies as a person eligible for Chapter 7 relief under 11 U.S.C. § 109.

3.5 Means Test. ☐ Presumption of abuse does not arise. ☐ Presumption arises but Debtor contends special circumstances. (Attach Official Form 122A‐1 & 122A-2.)

3.6 Credit Counseling. A certificate of credit counseling completed within 180 days of filing is attached, or a motion for waiver is contemporaneously filed under 11 U.S.C. § 109(h)(3)/(4).

3.7 Payment Advices. Copies of all pay statements or other evidence of payment received within 60 days pre-petition have been provided to the Trustee in compliance with LBR 1007-1.

3.8 Filing Fee. ☐ Full fee attached. ☐ Application to pay in installments. ☐ Application for fee waiver (individuals only).

4. REPRESENTATIONS, WARRANTIES & CERTIFICATIONS

4.1 Accuracy of Information. The Debtor, through counsel, represents that the information provided herein and in all accompanying schedules is true, correct, and complete to the best of the Debtor’s knowledge, information, and belief, formed after reasonable inquiry.

4.2 Good-Faith Filing. The Petition is filed in good faith and not for any improper purpose, such as to hinder, delay, or defraud creditors.

4.3 Asset & Liability Disclosure. All legal or equitable interests of the Debtor in property and all debts are fully disclosed as required by 11 U.S.C. § 521(a)(1).

4.4 Tax Returns. The Debtor is current in filing federal and state tax returns, or such returns will be filed within the time allowed by § 521(e)(2)(B).

4.5 Domestic Support Obligations. The Debtor has ☐ / has not ☐ incurred any domestic support obligations (“DSO”). If yes, Schedule E/F identifies the payee and amount.

4.6 Bankruptcy Rule 9011 Certification. Counsel certifies that the Petition and schedules have been reviewed and that the filing complies with Fed. R. Bankr. P. 9011(b).

5. SCHEDULES, STATEMENTS & EXHIBITS CHECKLIST

• Schedule A/B – Property
• Schedule C – Exemptions (WV vs. Federal)*
• Schedule D – Secured Claims
• Schedule E/F – Unsecured Priority & Non-Priority Claims
• Schedule G – Executory Contracts & Unexpired Leases
• Schedule H – Codebtors
• Schedule I – Income
• Schedule J – Expenses
• Official Form 122A-1/122A-2 – Means Test
• Statement of Financial Affairs (SOFA)
• Creditor Mailing Matrix (LBR-compliant .txt format)
• Declaration About an Individual Debtor’s Schedules (Form 106Dec)
• Verification of Creditor Matrix (Local Form N/A or embedded)
• Certificate of Credit Counseling
• Statement of Intention (for secured/lease obligations)
• Exhibit D (for corporations – if applicable)
• Local Form 2083-1 (for installment or waiver applications)

*West Virginia allows a debtor to elect either (i) federal exemptions under 11 U.S.C. § 522(d) or (ii) state exemptions under W. Va. Code §§ 38-10-1 et seq. Indicate election on Schedule C.

6. DEFAULT CONSEQUENCES & REMEDIES (STATUTORY)

6.1 Automatic Stay. Upon filing, the stay of 11 U.S.C. § 362 restrains creditor action. Violations may be remedied by contempt proceedings and, for individual debtors, actual damages, costs, attorneys’ fees, and, in some cases, punitive damages (§ 362(k)).

6.2 Failure to File Required Documents. The case is subject to dismissal without further notice under §§ 521(i) & 707(a) and LBR 1017-1 if required documents are not timely filed or deficiencies cured.

6.3 Non-Compliance with Trustee Requests. Failure to attend the § 341 Meeting of Creditors or to provide requested information may result in dismissal or denial of discharge under § 727(a).

7. RISK ALLOCATION & DISCHARGE PROVISIONS

7.1 Discharge Scope. Subject to §§ 523 and 727, an order of discharge will void personal liability on pre-petition debts, enjoin collection activity, and close the case. Certain liabilities (e.g., most taxes, DSOs, student loans, and debts incurred by fraud) may survive.

7.2 Asset vs. No-Asset Case. If the Trustee reports “no assets,” creditors receive no distribution. If assets are administered, creditors must file proofs of claim by the deadline noticed pursuant to Fed. R. Bankr. P. 3002(c).

7.3 Reaffirmation Agreements. Any reaffirmation of debt is subject to 11 U.S.C. § 524(c), court approval (if pro se), and counsel certification that the agreement does not impose undue hardship.

8. GOVERNING LAW, VENUE & JURY MATTERS

8.1 Governing Law. This proceeding is governed exclusively by the Bankruptcy Code, 11 U.S.C. §§ 101 et seq., the Federal Rules of Bankruptcy Procedure, and applicable Local Rules.

8.2 Venue. Exclusive venue lies in the United States Bankruptcy Court for the [Northern / Southern] District of West Virginia pursuant to 28 U.S.C. § 1408.

8.3 Jury Trial Waiver. To the extent any right to a jury trial exists in core or related proceedings, the Debtor knowingly and voluntarily waives such right, subject to constitutional limitations.

8.4 Arbitration. Not applicable; bankruptcy jurisdiction is non-delegable for core matters.

8.5 Injunctive Relief. The Automatic Stay under § 362 operates as statutory injunctive relief.

9. GENERAL PROVISIONS

9.1 Amendments. The Debtor may amend schedules and statements at any time before the case is closed under Fed. R. Bankr. P. 1009(a).

9.2 Severability. If any provision of this Petition is determined unenforceable, the remaining provisions shall remain in full force, provided that the essential purposes are not frustrated.

9.3 Integration. This Petition, the accompanying schedules, statements, and any local forms collectively constitute the entire Chapter 7 filing.

9.4 Electronic Signatures. Signatures captured electronically in compliance with the Court’s CM/ECF Administrative Procedures carry the same force as original ink signatures.

10. EXECUTION BLOCK

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

Date: ____________________

Signature of Debtor 1: _________________________________
Printed Name: ___________________________________________

Signature of Debtor 2 (if joint): _________________________
Printed Name: ___________________________________________

Signature of Attorney for Debtor(s): ______________________
Printed Name: ___________________________________________
WV Bar No.: ____________
Firm Name: _____________________________________________
Address: _______________________________________________
Phone: _________________ Email: _________________________

[Notary acknowledgement is not required for the official form, but may be appended if desired for evidentiary purposes.]