CHAPTER 13 BANKRUPTCY PETITION

District of Idaho – United States Bankruptcy Court

[// GUIDANCE: This master template is drafted for attorneys preparing a voluntary Chapter 13 filing in the District of Idaho. It harmonizes the Official Bankruptcy Forms with Idaho-specific local rules, Trustee procedures, and the requirements of 11 U.S.C. §§ 101 et seq. Replace every bracketed [PLACEHOLDER] with client-specific information and verify against the most current Official Forms, local rules, and Standing Trustee guidelines before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title.
VOLUNTARY PETITION FOR INDIVIDUAL(S) FILING FOR CHAPTER 13 BANKRUPTCY

1.2 Parties.
• Debtor: [DEBTOR FULL LEGAL NAME], SSN (Last 4): [####]
• Joint Debtor (if any): [CO-DEBTOR NAME], SSN (Last 4): [####]
• Debtor’s Counsel: [LAW FIRM / ATTORNEY BAR NO.]
• Chapter 13 Trustee: [STANDING TRUSTEE NAME]
• Bankruptcy Court: United States Bankruptcy Court for the District of Idaho, [DIVISION] Division

1.3 Effective Date.
Petition deemed filed upon electronic timestamp of ECF submission (“Petition Date”).

1.4 Recitals.
A. Debtor is an individual eligible for relief under 11 U.S.C. § 109(e).
B. Debtor desires to obtain adjustment of debts under Chapter 13 pursuant to 11 U.S.C. §§ 1301–1330.
C. Venue is proper under 28 U.S.C. § 1408 and jurisdiction exists under 28 U.S.C. §§ 157 & 1334.
D. Automatic stay arises under 11 U.S.C. § 362 upon filing.

2. DEFINITIONS

For purposes of this Petition and all related filings, capitalized terms have the meanings set forth below:

“Bankruptcy Code” – Title 11 of the United States Code, 11 U.S.C. §§ 101 et seq.
“Bankruptcy Court” – The United States Bankruptcy Court for the District of Idaho.
“Case” – The Chapter 13 bankruptcy proceeding initiated by this Petition, Case No. [__].
“Converted Case” – A Case converted to Chapter 7, 11, or 12 pursuant to 11 U.S.C. § 1307.
“Debtor” and/or “Joint Debtor” – The individual(s) identified in § 1.2.
“Idaho LBR” – The Local Bankruptcy Rules for the District of Idaho.
“Official Forms” – Official Bankruptcy Forms promulgated under Fed. R. Bankr. P. 9009.
“Plan” – The Chapter 13 Plan submitted under Idaho LBR [3015] and 11 U.S.C. § 1321.
“Trustee” – The duly appointed standing Chapter 13 Trustee for this Case.

[// GUIDANCE: Add any additional defined terms used in attachments such as “Secured Creditor,” “Priority Debt,” etc.]

3. OPERATIVE PROVISIONS

3.1 Petition Filing. Debtor hereby files Official Form 101 and all initial schedules, statements, and certificates as required by 11 U.S.C. §§ 521(a)(1) & 1321 and Idaho LBR [1007-1].

3.2 Schedules & Statements. Within fourteen (14) days of the Petition Date—or such longer period as the Bankruptcy Court may allow—Debtor shall file:
a. Schedules A/B through J;
b. Statement of Financial Affairs (Official Form 107);
c. Chapter 13 Plan (District of Idaho model plan);
d. Creditor Matrix and Verification;
e. Certificate of Credit Counseling; and
f. Payment Advices or Declaration of Exemption.

3.3 Chapter 13 Plan.
a. Form. Debtor shall utilize the mandatory District of Idaho model plan.
b. Plan Payments. Commencing no later than thirty (30) days after the Petition Date, Debtor shall remit to the Trustee the sum of $[MONTHLY PAYMENT] per month for [#] months, totaling $[TOTAL PLAN FUNDING], or as modified.
c. Direct Payments. Secured claims designated for direct payment shall be paid by Debtor outside the Plan.

3.4 Adequate Protection. Pre-confirmation adequate-protection distributions shall be made pursuant to 11 U.S.C. § 1326(a)(1) and Trustee guidelines.

3.5 Confirmation Hearing. The Plan shall be set for confirmation not less than twenty-one (21) days after service in accordance with Idaho LBR [2002-1] and 11 U.S.C. § 1324.

3.6 Domestic Support Obligations. Debtor shall remain current on all post-petition domestic support obligations pursuant to 11 U.S.C. § 1325(a)(8).

3.7 Tax Filings. Debtor shall file all pre-petition federal and state tax returns within the time permitted by 11 U.S.C. § 1308.

3.8 Trustee Authority. The Trustee is empowered to receive plan payments, make disbursements, and seek dismissal or conversion upon default in accordance with §§ 1302 & 1307.

4. REPRESENTATIONS & WARRANTIES

4.1 Eligibility. Debtor’s non-contingent, liquidated secured and unsecured debts do not exceed the Chapter 13 jurisdictional limits set forth in 11 U.S.C. § 109(e) as of the Petition Date.

4.2 Accuracy of Information. Debtor represents that all schedules, statements, and the Plan are complete, true, and correct to the best of Debtor’s knowledge, information, and belief.

4.3 Good-Faith Filing. Debtor files this Petition and Plan in good faith and not for any improper purpose within the meaning of 11 U.S.C. §§ 1325(a)(3) & (7).

4.4 Continuation of Insurance. Debtor represents that all estate property subject to a security interest is insured and will remain insured for at least the term of the Plan.

4.5 Survival. The representations and warranties in this section survive confirmation and remain effective until Case closure or dismissal.

5. COVENANTS & RESTRICTIONS

5.1 Post-Petition Duties. Debtor covenants to:
a. Timely file all required reports, amendments, and tax returns;
b. Turn over to the Trustee any tax refunds or non-exempt proceeds as required by the Plan;
c. Refrain from incurring post-petition debt over $[THRESHOLD] without Court approval;
d. Maintain insurance on property of the estate; and
e. Provide the Trustee with updated employer and address information within seven (7) days of any change.

5.2 Sale or Re-finance of Estate Property. Debtor shall not sell, transfer, or encumber any property of the estate outside the ordinary course of business without Bankruptcy Court authorization.

5.3 Notice & Cure. Debtor must cure any covenant breach within fourteen (14) days of written notice from the Trustee or a party in interest.

6. DEFAULT & REMEDIES

6.1 Events of Default. Each of the following constitutes a default:
a. Failure to commence or maintain timely Plan payments;
b. Material misstatement in filed documents;
c. Failure to comply with § 5 covenants;
d. Delinquency on post-petition domestic support obligations;
e. Failure to confirm a feasible Plan within the time set by Idaho LBR.

6.2 Trustee Remedies. Upon default, the Trustee may:
a. File a motion to dismiss or convert under 11 U.S.C. § 1307(c);
b. Seek wage-deduction orders or other collection methods authorized by Idaho LBR;
c. Request adequate-protection or relief from stay hearings for affected creditors.

6.3 Creditor Remedies. Secured creditors may move for relief from the automatic stay under § 362(d) after providing notice of payment default and allowing a cure period consistent with the Plan.

6.4 Attorney Fees & Costs. In any contested matter or adversary proceeding arising from a default, the prevailing party may recover reasonable attorney fees and costs to the extent allowed by applicable law and any controlling contract.

7. RISK ALLOCATION

7.1 Indemnification. Not applicable—Chapter 13 debtors do not indemnify Trustees or creditors; liability is allocated by statute.

7.2 Limitation of Liability. Debtor’s liability to unsecured creditors is capped at the amount distributed under the confirmed Plan in accordance with 11 U.S.C. § 1328.

7.3 Force Majeure. If Debtor suffers a material adverse change (e.g., job loss, medical emergency) that impairs the ability to fund the Plan, Debtor may seek Plan modification under § 1329 or hardship discharge under § 1328(b).

7.4 Insurance. Debtor shall maintain appropriate casualty and liability insurance on estate property, naming lienholders as loss payees where required.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Case and all related rights and obligations are governed by the Bankruptcy Code, Federal Rules of Bankruptcy Procedure, and applicable federal law.

8.2 Forum Selection. Exclusive venue lies in the United States Bankruptcy Court for the District of Idaho.

8.3 Arbitration. Not available—core bankruptcy matters are non-arbitrable.

8.4 Jury Waiver. To the extent a jury trial right might otherwise exist in any adversary proceeding, the parties consent to bankruptcy court adjudication subject to District Court referral and Fed. R. Bankr. P. 9015.

8.5 Injunctive Relief. The automatic stay under 11 U.S.C. § 362 operates as an injunction immediately upon filing. Parties seeking stay modification must obtain Court order.

9. GENERAL PROVISIONS

9.1 Amendments & Modifications. Amendments to schedules or the Plan must comply with Fed. R. Bankr. P. 1009 & 3015, Idaho LBR, and any Standing Trustee guidelines.

9.2 Assignment. Rights and obligations under the confirmed Plan run with the Debtor and may not be assigned.

9.3 Successors. The provisions of a confirmed Plan bind the Debtor, all creditors, and the Trustee pursuant to 11 U.S.C. § 1327.

9.4 Severability. If any provision herein is unenforceable, the remaining provisions continue in full force unless such severance deprives a party of a material benefit.

9.5 Integration. This Petition, the Plan, and related Official Forms constitute the entire agreement among the parties regarding the adjustment of Debtor’s debts.

9.6 Electronic Signatures. Signatures executed via approved ECF procedures constitute original signatures for all purposes under Fed. R. Bankr. P. 5005.

9.7 Counterparts. This Petition may be executed in multiple counterparts, each of which is deemed an original.

10. EXECUTION BLOCK

Executed on this _ day of __, 20____.

Debtor:

[DEBTOR FULL LEGAL NAME]

Joint Debtor (if any):

[CO-DEBTOR NAME]

Attorney for Debtor(s):

[ATTORNEY NAME], Esq.
[LAW FIRM]
Bar No. [____]

Verification (Official Form 106Dec):
I declare under penalty of perjury that the information provided in this Petition and accompanying documents is true and correct.

[DEBTOR SIGNATURE]

[// GUIDANCE: Attach the following required documents before filing:
• Official Form 101 (Voluntary Petition)
• Schedules A/B–J (Official Forms 106A–106J)
• Summary of Assets & Liabilities (Form 106Sum)
• Declaration About Schedules (Form 106Dec)
• Statement of Financial Affairs (Form 107)
• Chapter 13 Plan (District of Idaho model form)
• Certificate of Credit Counseling
• Verification of Creditor Matrix
• Pay-advices or Affidavit of No Pay-advices
• Statement of Current Monthly Income (Form 122C-1) and Disposable Income Calculation (Form 122C-2) if applicable
• Any local-rule-mandated cover sheets or declarations.]

[// GUIDANCE: Prior to ECF filing, confirm compliance with the most current (i) District of Idaho Local Bankruptcy Rules, (ii) Standing Chapter 13 Trustee payment address and submission instructions, (iii) means-test thresholds, and (iv) judicial preferences regarding wage-deduction orders, plan language, and self-employment reporting.]