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Templates Financial Banking Bankruptcy Petition - Chapter 13
Bankruptcy Petition - Chapter 13
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CHAPTER 13 BANKRUPTCY PETITION

MASTER TEMPLATE PACK – IOWA (IA)

[// GUIDANCE: This template integrates the mandatory federal Official Bankruptcy Forms with Iowa-specific local rules (Northern & Southern Districts), standing Chapter 13 trustee procedures, and customary best-practice drafting annotations. Bracketed fields must be completed or tailored by counsel before filing. All citations herein are to core statutory or rule provisions that are unchanged and universally applicable. Practitioners must attach and file the current Judicial Conference–issued PDF versions of each Official Form; this template is provided to streamline data collection and ensure local-rule compliance.]


TABLE OF CONTENTS

  1. Case Caption & Voluntary Petition (Official Form 101)
  2. Creditor Matrix & Verification (Local Form N/S-IA 1007-1)
  3. Summary of Assets & Liabilities (Official Form 106Sum)
  4. Schedules A/B–J (Official Forms 106A/B–106J-2)
  5. Declaration About Schedules (Official Form 106Dec)
  6. Statement of Financial Affairs (Official Form 107)
  7. Statement of Current Monthly Income & Commitment Period (Official Form 122C-1)
  8. Chapter 13 Plan (Official Form 113 – Iowa Model Version)
  9. Attorney Compensation Disclosure (Official Form 2030)
  10. Certificate of Credit Counseling (Official Form 101, Part 5 attachment)
  11. Pay-Advice Cover Sheet & Certification (Local Form N/S-IA 1007-2)
  12. Verification of Creditor Mailing List (Local Form N/S-IA 1007-3)
  13. Exhibit — Debtor’s Employer Wage Order (if requested by Trustee)
  14. Signature / Notary Block

1. CASE CAPTION & VOLUNTARY PETITION

(Official Form 101—excerpted for data-gathering)

A. Document Header
• United States Bankruptcy Court
 [☐ Northern ☐ Southern] District of Iowa
• In re: [DEBTOR 1 FULL LEGAL NAME]
   [DEBTOR 2 FULL LEGAL NAME] (if joint case)
• Case No.: [COURT TO ASSIGN]
• Chapter: 13
• Judge: [TO BE ASSIGNED]

B. Debtor Information
1. All Names used in last 8 years: [ALIAS LIST]
2. Debtor Address: [STREET ➔ CITY ➔ IA ZIP]
3. County of Residence: [COUNTY]
4. Type of Debtor (check one): ☐ Individual ☐ Individual & Spouse
5. Nature of Debt: ☐ Consumer ☐ Business
6. Statistical/Administrative Data
 a. Estimated number of creditors: [1-49 / 50-99 / 100-199 / 200-999 / 1,000-over]
 b. Estimated assets: [check bracket range]
 c. Estimated liabilities: [check bracket range]

C. Prior Bankruptcy Cases Within 8 Years
• District & Case No.: [IF ANY] Date Filed: [MM/DD/YYYY]

D. Certification Concerning Credit Counseling
• Certificate attached ☐ Yes ☐ No – Explain emergency filing.

E. Signature Block (Official Form language)
[DEBTOR 1 SIGNATURE] Date: [MM/DD/YYYY]
[DEBTOR 2 SIGNATURE] Date: [MM/DD/YYYY]
Attorney for Debtor(s): [NAME & BAR #] Date: [MM/DD/YYYY]

[// GUIDANCE: Official Form 101 contains the required declarations under penalty of perjury (11 U.S.C. § 301; Fed. R. Bankr. P. 1007). Do not modify substantive language.]


2. CREDITOR MATRIX & VERIFICATION

(Local Rule 1007-1, N.D./S.D. Iowa)

A. Matrix Formatting Requirements
• One creditor per line, left-justified, no punctuation, max 5 lines per name/address.
• Use standard USPS two-letter state abbreviations.
• Separate joint debtors with “AND.”

B. Verification Statement
“I hereby certify that the attached list of creditors is true, correct, and complete to the best of my knowledge.”
[DEBTOR 1 SIGNATURE]  Date
[DEBTOR 2 SIGNATURE]  Date


3. SUMMARY OF ASSETS & LIABILITIES (Official Form 106Sum)

[PLACEHOLDER fields for totals auto-populated from Schedules A/B–J]


4. SCHEDULES A/B THROUGH J

(Official Forms 106A/B, 106C, …, 106J-2)

[// GUIDANCE: Populate each schedule precisely; inconsistencies trigger trustee objections (§ 521). Common Iowa issues: undervalued farm equipment, improperly exempted tax refunds, and incorrect homestead legal descriptions.]

Key Iowa Exemption Statutes to reference:
• Iowa homestead: Iowa Code § 561.16
• Motor vehicle: Iowa Code § 627.6(9)(a)
• Earned income credit: Iowa Code § 627.6(17)

[Do not list citations on schedules; retain here for attorney reference.]


5. DECLARATION ABOUT DEBTOR’S SCHEDULES (Official Form 106Dec)

[Standard form; no edits permitted. Both debtors must sign.]


6. STATEMENT OF FINANCIAL AFFAIRS (Official Form 107)

[PLACEHOLDER sections for income, payments to creditors, lawsuits, property transfers, etc.]
[// GUIDANCE: Trustees in both IA districts scrutinize preferential payments to family within 90 days and tax refunds. Provide clear explanations up-front to avoid § 547 demand letters.]


7. STATEMENT OF CURRENT MONTHLY INCOME & CALCULATION OF COMMITMENT PERIOD (Official Form 122C-1)

[PLACEHOLDER: household size, median income comparison, projected disposable income]


8. CHAPTER 13 PLAN

(Official Form 113 as modified by N.D.IA & S.D.IA LBR 3015-1)

[// GUIDANCE: Each district mandates its own model plan. The following template tracks the common structure; confirm the latest version at www.ianb.uscourts.gov or www.iasb.uscourts.gov before filing.]

8.1 PLAN HEADER

• Debtor(s): [NAME(S)]
• Case No.: [TO BE ASSIGNED]
• Original ☐ Amended ☐ Date: [MM/DD/YYYY]

8.2 DEFINITIONS (select excerpts)

“ACP” – Applicable Commitment Period as calculated under 11 U.S.C. § 1325(b)(4).
“Trustee” – Standing Chapter 13 trustee for the division in which the case is filed (N.D.IA: Carol F. Dunbar; S.D.IA: Anita L. Barney).
“MSRP” – Manufacturer’s Suggested Retail Price for vehicle valuation.
[Add further defined terms as needed; list alphabetically.]

8.3 NOTICES

Creditors must review all plan provisions; failure to object within 21 days of service constitutes acceptance. Objections set for hearing pursuant to LBR 3015-3.

8.4 PLAN PAYMENTS & TERM

  1. Payment Amount: $[MONTHLY AMOUNT] per month to Trustee for [36 – 60] months.
  2. Payroll Deduction Order: ☐ Yes ☐ No Employer: [EMPLOYER NAME & ADDRESS]
  3. Additional Payments: [☐ Tax Refunds ☐ Lump Sum ☐ Sale Proceeds] (specify timing).

8.5 TRUSTEE COMPENSATION

Trustee percentage fee authorized under 28 U.S.C. § 586(e) shall be paid from each disbursement.

8.6 CLAIMS TREATMENT

A. Administrative Claims (11 U.S.C. § 503(b))
 1. Trustee fees – paid first.
 2. Debtor’s Attorney Fees: $[TOTAL] (⧫ $[RETAINED] paid pre-petition; ⧫ $[BALANCE] through plan).
B. Secured Claims
 i. Real Property—Principal Residence
  Creditor: [NAME] Collateral: [ADDRESS] Arrearage: $[ ] Interest: [ ]% Cure via Trustee.
 ii. Motor Vehicle (910-day rule)
  Creditor: [NAME] Collateral: [VEHICLE DESC] Balance: $[ ] Interest: [ ]%.
C. Priority Claims (11 U.S.C. § 507)
 • IRS $[ ] • IA Dept. of Revenue $[ ] • Domestic Support $[ ]
D. Non-Priority Unsecured Claims
 • Pro rata distribution; estimated dividend [ ]% on allowed claims.
E. Executory Contracts & Unexpired Leases
 • ☐ Assume ☐ Reject [CONTRACT INFO].

8.7 VESTING OF PROPERTY

Property of the estate vests in Debtor upon plan confirmation ☐ or discharge ☐ (select one).

8.8 PLAN FEASIBILITY CERTIFICATION

Debtor(s) certify plan is feasible based on Schedule I/J surplus of $[ ].

8.9 GENERAL PLAN PROVISIONS

  1. Automatic Stay: Continues in effect unless modified by court order (11 U.S.C. § 362).
  2. Adequate Protection: Pre-confirmation adequate protection payments under § 1326(a)(1)(C) to secured creditors listed in œ 8.6.B.
  3. Property Disposal: Debtor shall not sell or encumber property of the estate without court approval.
  4. Tax Refunds: Unless otherwise ordered, Debtor shall remit to Trustee all federal and state tax refunds in excess of $2,000 per year during the ACP.
  5. Insurance: Debtor must maintain insurance on all encumbered collateral.
  6. Post-Petition Mortgage Payments: Paid ☐ direct by Debtor ☐ through Trustee (conduit).

8.10 NON-STANDARD PROVISIONS

[INSERT ONLY IF ALLOWED UNDER LOCAL RULE; MUST BE SEPARATELY IDENTIFIED AND BOLD-FACED.]

8.11 SIGNATURES

[DEBTOR 1 SIGNATURE] Date
[DEBTOR 2 SIGNATURE] Date
Attorney for Debtor(s): [NAME/BAR #] Date


9. ATTORNEY COMPENSATION DISCLOSURE (Official Form 2030)

[PLACEHOLDER for flat fee vs. hourly; IA Standing Order permits “no-look” fee ceiling—verify current amount (commonly $3,500).]


10. CERTIFICATE OF CREDIT COUNSELING

Attach certificate dated within 180 days pre-petition. If exigent circumstances, complete Part 5 of Form 101 and file certificate within 14 days (Fed. R. Bankr. P. 1007(b)(3)).


11. PAY-ADVICE COVER SHEET & CERTIFICATION

(Local Rule 1007-2)

Debtor must submit to Trustee copies of pay stubs for 60 days pre-petition OR complete sworn statement of lack of such documents.


12. VERIFICATION OF CREDITOR MAILING LIST

(Local Form 1007-3)

[Standard language; both debtors sign.]


13. EXHIBIT — EMPLOYER WAGE ORDER (Optional)

[If payroll deduction desired, prepare proposed order: include employer name, address, frequency, and amount per pay period.]


14. SIGNATURE / NOTARY BLOCK

[Notary generally not required on federal bankruptcy forms; Iowa notarial acknowledgment used only if local rule or judge requests.]


GOVERNING LAW, VENUE & JURY WAIVER

A. Governing Law
All rights and obligations arising under this Chapter 13 case are governed by Title 11 of the United States Code, 11 U.S.C. § 101 et seq., and the Federal Rules of Bankruptcy Procedure.

B. Venue & Forum
Venue is exclusive in the United States Bankruptcy Court for the Northern or Southern District of Iowa as selected above.

C. Arbitration & Jury Trial
Arbitration is unavailable; jury trial rights are limited in core bankruptcy proceedings under 28 U.S.C. § 157(b).

D. Injunctive Relief
The automatic stay of 11 U.S.C. § 362 operates as a statutory injunction; additional injunctive relief may be sought by motion.


FINAL PRACTICE CHECKLIST

☐ Petition signed by all debtors & attorney
☐ Corporate resolution (if debtor is business entity)
☐ Filing fee paid or application to pay in installments filed
☐ All required forms & local cover sheets included
☐ Creditor Matrix in text‐only format uploaded
☐ Plan timely served on all creditors (Fed. R. Bankr. P. 3015)
☐ Debtor ID and SSN verified for § 341 meeting
☐ Domestic Support Obligation notice provided where applicable

[// GUIDANCE: Retain this checklist in file; provide copy to client. Trustees may dismiss for any missing item under 11 U.S.C. § 1307(c).]


END OF TEMPLATE

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