VOLUNTARY PETITION & PLAN NARRATIVE
FOR INDIVIDUALS FILING FOR CHAPTER 13 RELIEF
(11 U.S.C. §§ 301, 1301â1330; Fed. R. Bankr. P. 1007; applicable Local Bankruptcy Rules for the United States Bankruptcy Court for the [CENTRALâNORTHERNâEASTERNâSOUTHERN] District of California)
[// GUIDANCE:
1. This template is a practitioner-oriented âwrap-aroundâ document meant to accompanyâand not replaceâOfficial Bankruptcy Forms 101, 106 AâJ, 107, 108, 113, the Statement of Financial Affairs, and all required local California forms.
2. Bracketed placeholders MUST be completed before filing.
3. Cross-check all dollar amounts, means-test figures, and plan terms against the most current form instructions, the Chapter 13 Trusteeâs published guidelines for the relevant CA district, and Local Bankruptcy Rule (âLBRâ) 3015-1 et seq.
4. Attach completed Official Form 113 (Plan) as Exhibit B and all schedules/means-test documents as Exhibit C.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
1. Title & Filing Court
1.1 TitleââVoluntary Petition & Plan Narrative for Chapter 13 Relief.â
1.2 Filing CourtâUnited States Bankruptcy Court, [DISTRICT] of California.
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Parties
2.1 Debtor 1: [LEGAL NAME] (âDebtor 1â)
2.2 Debtor 2: [LEGAL NAME] (âDebtor 2â) (if joint)
2.3 Counsel: [LAW FIRM NAME], [STATE BAR NO.] (âCounselâ). -
Recitals
A. Debtor(s) seek reorganization under Chapter 13 of Title 11 of the United States Code (the âBankruptcy Codeâ).
B. Debtor(s) have completed pre-petition credit counseling as required by 11 U.S.C. § 109(h).
C. Debtor(s) file this Petition, Schedules, Statements, and Chapter 13 Plan in good faith, intending to propose a feasible plan for repayment of creditors as set forth herein and in Official Form 113. -
Effective DateâThe âEffective Dateâ is the date stamped âFILEDâ by the Clerk of the Bankruptcy Court.
-
JurisdictionâThis matter is within the core jurisdiction of the Bankruptcy Court pursuant to 28 U.S.C. §§ 157(b)(2), 1334.
II. DEFINITIONS
The following capitalized terms have the meanings assigned below and apply throughout this Petition and the attached Plan unless the context clearly requires otherwise.
âAdministrative Claimâ â a claim allowable under 11 U.S.C. § 503(b).
âAutomatic Stayâ â the injunction arising under 11 U.S.C. § 362 upon the Effective Date.
âDisposable Incomeâ â as defined in 11 U.S.C. § 1325(b)(2).
âLBRâ â the Local Bankruptcy Rules of the United States Bankruptcy Court for the [DISTRICT] of California.
âPetition Dateâ â same as Effective Date.
âPlanâ â the Chapter 13 plan attached hereto as Exhibit B.
âTrusteeâ â the duly appointed standing Chapter 13 trustee for this case.
[Add additional definitions as necessary.]
III. OPERATIVE PROVISIONS
3.1 Official Forms Incorporated
(a) Voluntary Petition (Official Form 101) â Exhibit A.
(b) Chapter 13 Plan (Official Form 113) â Exhibit B.
(c) Schedules, Statements, Means Test, and Local Forms â Exhibit C.
3.2 Plan Payments
(a) CommencementâDebtor(s) shall commence payments of $[AMOUNT] per [WEEKâBI-WEEKâMONTH] to the Trustee not later than 30 days after the Petition Date in accordance with 11 U.S.C. § 1326(a)(1).
(b) TermâPlan payments shall continue for [36â60] months unless the Plan is otherwise completed earlier or modified.
(c) MethodâPayments shall be made by [WAGE ORDERâACH DEBITâOTHER].
[// GUIDANCE: Wage-deduction orders are strongly preferred in CA; obtain employer information immediately.]
3.3 Treatment of Claims (See Plan œœ 2â5)
(a) Administrative Claims â paid in full on confirmation.
(b) Secured Claims â specify collateral, valuation, and cram-down if any.
(c) Priority Claims â paid in full pursuant to § 1322(a)(2).
(d) Non-Priority Unsecured Claims â projected dividend [__] % or $[AMOUNT], whichever is greater, in compliance with the âbest-interest-of-creditorsâ test under § 1325(a)(4).
(e) Executory Contracts & Leases â [ASSUMED/REJECTED] as listed in Schedule G.
3.4 Conditions Precedent
(a) Timely filing of all tax returns required under 11 U.S.C. § 521(e)(2)(A).
(b) Submission of pay advices for the 60 days preceding the Petition Date.
(c) Completion of any additional Trustee documents under Trustee Guidelines.
IV. REPRESENTATIONS & WARRANTIES
4.1 Accuracy of InformationâDebtor(s) represent that all information supplied in the Petition, Schedules, Statements, and Plan is true, correct, and complete to the best of their knowledge, information, and belief.
4.2 Good FaithâThe filing is made in good faith and not for purposes of delay or to hinder, delay, or defraud creditors.
4.3 Credit CounselingâDebtor(s) received credit counseling from an approved agency within 180 days prior to the Petition Date or otherwise qualify for an exemption under § 109(h)(4).
4.4 EligibilityâDebtor(s)â non-contingent, liquidated, secured, and unsecured debts are within the limits of § 109(e) as adjusted pursuant to 11 U.S.C. § 104.
4.5 Domestic Support Obligations (âDSOâ)âDebtor(s) have [NOâTHE FOLLOWING] DSOs as set forth in Schedule E/F and are current post-petition.
[// GUIDANCE: Insert survival clause if desired; generally representations continue through discharge.]
V. COVENANTS & RESTRICTIONS
5.1 Plan PerformanceâDebtor(s) shall perform all provisions of the confirmed Plan.
5.2 Post-Petition ObligationsâDebtor(s) will remain current on all post-petition domestic support, mortgage, and vehicle payments.
5.3 Asset TransfersâAbsent court order, Debtor(s) shall not transfer, sell, or encumber property of the estate outside normal course of business.
5.4 InsuranceâDebtor(s) shall maintain insurance on all property subject to a security interest or lease.
5.5 Tax Filings & Refunds
(a) Debtor(s) shall timely file all post-petition tax returns.
(b) Tax refunds exceeding $[THRESHOLD] shall be turned over to the Trustee unless otherwise provided in the confirmed Plan.
5.6 Notice of Change in Financial CircumstancesâDebtor(s) must notify the Trustee and Counsel within 14 days of any material change in income or expenses.
VI. DEFAULT & REMEDIES
6.1 Events of Default
(a) Failure to tender any Plan payment within [30] days of due date.
(b) Failure to remain current on post-petition mortgage or DSO obligations.
(c) Material inaccuracy or omission in filed documents.
(d) Violation of Covenants § 5.3 or § 5.4.
6.2 Notice & Cure
(a) Trustee or affected creditor shall give written notice of default (âDefault Noticeâ).
(b) Debtor(s) have [14] days to cure after service of the Default Notice.
6.3 Remedies
(a) Trustee may seek dismissal or conversion to Chapter 7 under § 1307(c).
(b) Secured creditors may obtain stay relief under § 362(d) upon failure to cure.
(c) Court may condition or modify the Automatic Stay, or order adequate protection.
6.4 Attorney Fees & Costs
Reasonable fees incurred by Debtorâs Counsel for post-confirmation services may be paid as administrative expenses upon application and approval pursuant to LBR 2016-1 and § 330(a)(4)(B).
VII. RISK ALLOCATION
7.1 IndemnificationâNot applicable (per metadata).
7.2 Limitation of Liability (Plan Payments)âCreditor recoveries are limited to distributions available under the confirmed Plan and the Bankruptcy Code.
7.3 Force Majeure / Impossibility
(a) Material financial hardship (e.g., unemployment, medical emergency) may support a motion to modify the Plan under § 1329 or a hardship discharge under § 1328(b).
(b) Debtor(s) must provide documentary evidence and confer with the Trustee prior to filing any such motion.
VIII. DISPUTE RESOLUTION
8.1 Governing LawâThe Bankruptcy Code, Federal Rules of Bankruptcy Procedure, and, to the extent not inconsistent therewith, the laws of the State of California.
8.2 Forum SelectionâThe Bankruptcy Court for the [DISTRICT] of California shall have exclusive jurisdiction over all matters arising out of or related to this case.
8.3 ArbitrationâNot available for matters within the Bankruptcy Courtâs core jurisdiction.
8.4 Jury WaiverâTo the fullest extent permissible, Debtor(s) waive any right to a jury trial on core proceedings; non-core matters may be tried by jury only if the Bankruptcy Court or District Court so orders.
8.5 Injunctive ReliefâThe Automatic Stay under § 362 constitutes statutorily-mandated injunctive relief. Nothing herein waives or limits any partyâs right to seek stay relief or to enforce the stay.
IX. GENERAL PROVISIONS
9.1 Amendments & ModificationsâAny amendment to Schedules or Plan must comply with Fed. R. Bankr. P. 1009, 3015, and applicable LBRs.
9.2 AssignmentâDebtor(s)â rights and obligations may not be assigned.
9.3 Successors & AssignsâProvisions in the confirmed Plan bind creditors and their successors and assigns pursuant to § 1327(a).
9.4 SeverabilityâIf any provision herein is unenforceable, the remaining provisions shall remain in full force.
9.5 IntegrationâThis document, together with the Official Forms and any court-approved amendments, constitutes the entire agreement between Debtor(s) and their creditors as to treatment of claims.
9.6 Counterparts & Electronic Signatures
(a) This Petition may be executed in counterparts.
(b) Signatures transmitted by facsimile or approved electronic means comply with Fed. R. Bankr. P. 5005 and the Courtâs electronic filing procedures.
X. EXECUTION BLOCK
DATED: ___, 20___
Debtor 1: _______
Name: [PRINT]
Debtor 2: _______
Name: [PRINT] (if joint)
Counsel for Debtor(s): ___
Name: [PRINT], Esq.
Firm: [LAW FIRM NAME]
CA Bar No.: [______]
VERIFICATION
I declare under penalty of perjury that the information provided in this Petition, the attached Schedules, Statements, and Plan is true and correct.
Debtor 1: ___ Date: /_/20
Debtor 2: ___ Date: /_/20
NOTARY (if required for local form compliance):
State of Californiaâ)
County of __ ) ss.
On _/_/20___, before me, [NAME], Notary Public, personally appeared [NAME OF DEBTOR(S)] âŚ
[Notarial certificate per Cal. Civ. Code § 1189.]
EXHIBIT AâOfficial Form 101 â Voluntary Petition (attached)
EXHIBIT BâOfficial Form 113 â Chapter 13 Plan (as locally modified)
EXHIBIT CâSchedules AâJ, Statements, Means Test, Certificate of Credit Counseling, Pay Advices, Tax Returns
[// GUIDANCE:
⢠Before filing, verify plan form version matches applicable Standing Chapter 13 Trustee requirements (e.g., C.D. Cal. âRights and Responsibilities Agreementâ).
⢠Serve the Plan on all creditors, the Trustee, and the U.S. Trustee.
⢠Calendar § 341 Meeting of Creditors date immediately upon receipt of Notice of Case Filing.
⢠Confirm that plan payment method (wage order vs. direct pay) is acceptable to the Trustee in the chosen district.
⢠Review debtor auto-debit authorization, if used, for compliance with LBR 3015-1(m).]