DISCLAIMER – READ BEFORE USE
This template is provided for informational purposes only and does not constitute legal advice. Preparing, filing, and prosecuting a Chapter 13 case entails significant legal consequences under the United States Bankruptcy Code and the Local Rules of the United States Bankruptcy Court for the District of Nebraska (“NEB Local Rules”). Always consult a licensed bankruptcy attorney admitted in the District of Nebraska before using or filing any portion of this template.

UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEBRASKA

Chapter 13 Master Petition & Plan Template

[// GUIDANCE: This single document consolidates (i) the Voluntary Petition (Official Form 101), (ii) the Chapter 13 Plan (Local Form NEB 3083), and (iii) key debtor certifications. It is drafted so counsel can cut-and-paste each discrete section into the corresponding official PDF-fillable form or electronic filing event. The numbering below aids internal cross-referencing; it does not replace the official form numbers required by the Court’s CM/ECF system.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Voluntary Petition Core Data (Official Form 101)
   3.2 Additional Required Exhibits & Schedules
   3.3 Chapter 13 Plan – Core Terms (NEB LBR 3015-1)
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution & Jurisdiction
9. General Provisions
10. Execution Blocks

1. DOCUMENT HEADER

Case Caption
United States Bankruptcy Court
District of Nebraska

In re:
• Debtor 1: _____, SSN: _--____
• Debtor 2 (if joint): ___, SSN: _--_
(Address): ___________

Debtor(s). Case No.: [To be assigned]
Chapter 13 Judge: [Name]

Voluntary Petition for Individuals Filing for Bankruptcy Under Chapter 13
Effective Date (“Petition Date”): [MM/DD/YYYY]

2. DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings set forth below. All undefined terms have the meanings assigned in Title 11 of the United States Code (the “Bankruptcy Code”).

“Automatic Stay” – The injunction arising on the Petition Date pursuant to 11 U.S.C. § 362.
“Plan” – The Chapter 13 repayment plan set forth in Section 3.3 herein, as it may be modified.
“Petition Date” – The date this voluntary petition is filed with the Clerk.
“Property of the Estate” – Property defined by 11 U.S.C. § 541.
“Trustee” – The standing Chapter 13 Trustee assigned to this case. [PLACEHOLDER: Insert Trustee name]

[// GUIDANCE: Add or delete defined terms to match case specifics.]

3. OPERATIVE PROVISIONS

3.1 Voluntary Petition Core Data (reflecting Official Form 101)

1. Debtor Information
   a. Full legal name(s): ______
   b. All other names used in last eight years: ___
   c. Residence: ________
   d. County of residence: __ State: NE

2. Venue Statement – Debtor(s) have maintained domicile, residence, or principal assets in this district for the 180 days immediately preceding the Petition Date.

3. Prior Bankruptcy Cases (last 8 years)
   Case No(s)., District(s), and Disposition(s): ____

4. Pending Bankruptcy Cases Concerning Affiliates
   [ ] None [ ] See attached Schedule 1.

5. Nature of Debts – Primarily consumer debts.

6. Chapter Selection – Debtor(s) elect relief under Chapter 13 pursuant to 11 U.S.C. § 301.

7. Statistical/Administrative Information
   a. Estimated number of creditors: __
   b. Estimated assets: [ ] $0–$50K [ ] $50K–$100K [ ] $100K–$500K [ ] $500K–$1M
   c. Estimated liabilities: same bands as assets.

8. Certification of Credit Counseling
   a. Date completed: __
   b. Provider: __________
   c. Certificate attached as Exhibit A.

3.2 Additional Required Exhibits & Schedules

The Debtor(s) shall contemporaneously file, complete, or incorporate by reference the following Official Forms:

• Summary of Your Assets and Liabilities (Form 106Sum)
• Schedules A/B through J-2
• Statement of Financial Affairs (Form 107)
• Statement of Current Monthly Income (Form 122C-1)
• Calculation of Disposable Income (Form 122C-2), if applicable
• Statement About Your Social Security Numbers (Form 121)
• Payment Advices Cover Sheet (NEB Local Form)

[// GUIDANCE: Nebraska requires pay stubs OR a declaration of their non-availability (NEB LBR 1007-1).]

3.3 Chapter 13 Plan – Core Terms (conforming to NEB LBR 3015-1)

A. Plan Term: _____ months beginning the first day of the month after the Petition Date.

B. Plan Payment: Debtor(s) shall remit $__ per month to the Trustee by automatic bank draft (preferred) or payroll deduction.

C. Administrative Claims
1. Trustee’s statutory percentage fee pursuant to 28 U.S.C. § 586.
2. Attorney’s fees: $_ (of which $_ paid prior to filing).

D. Secured Claims
1. Real Property – Residence
• Creditor: __ Collateral: ____
• Treatment: [ ] Cure & Maintain [ ] Modify [ ] Surrender
• Monthly conduit payment through Trustee: $____
2. Vehicles / Personal Property (list each)

E. Priority Unsecured Claims – Paid in full pursuant to 11 U.S.C. § 1322(a)(2).

F. General Unsecured Claims – Pro rata distribution from remaining disposable income; estimated dividend: ___ %.

G. Executory Contracts & Unexpired Leases
• [ ] Assumed • [ ] Rejected (See Schedule G)

H. Tax Refunds – Debtor(s) shall remit federal and state tax refunds in excess of $__ annually to the Trustee.

I. Additional Plan Provisions
1. Vesting of property upon discharge.
2. Non-standard provisions (attach separate page labeled “Non-Standard Plan Provisions” and check the appropriate box on Local Form).

4. REPRESENTATIONS & WARRANTIES

4.1 Debtor(s) represent under penalty of perjury that all information provided in this Petition, the Schedules, Statements, and Plan is true and correct to the best of their knowledge, information, and belief.

4.2 Debtor(s) further represent:
a. They are eligible to be debtors under Chapter 13 (11 U.S.C. §§ 109(e), 1325).
b. They have completed an approved credit-counseling course within 180 days of the Petition Date.
c. They understand the Automatic Stay and the effect of a discharge under 11 U.S.C. § 1328.

Survival: These representations survive confirmation of the Plan and entry of discharge.

5. COVENANTS & RESTRICTIONS

5.1 Debtor(s) shall:
a. Make timely Plan payments and comply with wage-deduction orders.
b. Provide the Trustee with annual tax returns within 14 days of filing.
c. Maintain insurance on all property subject to a security interest.

5.2 Negative Covenants: Debtor(s) shall not incur post-petition consumer debt exceeding $1,000 without Trustee consent or court order.

5.3 Notice & Cure: Failure to perform any covenant constitutes a default after 30 days’ written notice from the Trustee or affected creditor if not cured.

6. DEFAULT & REMEDIES

6.1 Events of Default
a. Failure to tender any Plan payment within 30 days of due date.
b. Failure to file required tax returns by statutory deadline.
c. Unauthorized sale, transfer, or encumbrance of Estate property.

6.2 Remedies
a. Trustee may move to dismiss or convert the case to Chapter 7.
b. Secured creditors may seek relief from the Automatic Stay upon default under the Plan.
c. The Court may impose additional payments, amend the Plan, or grant other equitable relief.

7. RISK ALLOCATION

Indemnification: Not applicable (consumer bankruptcy context).

Limitation of Liability: The liability of Debtor(s) to unsecured creditors is limited to the disposable income committed under the confirmed Plan and any non-exempt assets administered, consistent with 11 U.S.C. §§ 1322 & 1325.

Force Majeure: If a documented hardship (e.g., illness, loss of employment) occurs, Debtor(s) may seek Plan modification under 11 U.S.C. § 1329.

8. DISPUTE RESOLUTION & JURISDICTION

8.1 Governing Law: Federal Bankruptcy Code, 11 U.S.C. §§ 101 et seq., the Federal Rules of Bankruptcy Procedure, and NEB Local Rules.

8.2 Exclusive Forum: The United States Bankruptcy Court for the District of Nebraska shall have exclusive jurisdiction over all matters arising in or related to this Chapter 13 case.

8.3 Arbitration: Not available.

8.4 Jury Waiver: To the extent a right to jury trial exists in any contested matter or adversary proceeding in this Chapter 13 case, Debtor(s) knowingly and voluntarily waive such right, subject to court approval.

8.5 Injunctive Relief: The Automatic Stay under 11 U.S.C. § 362 operates as an injunction against creditor action absent court order.

9. GENERAL PROVISIONS

9.1 Amendments: Debtor(s) may amend Schedules or Plan in conformity with Fed. R. Bankr. P. 1009 & 3015, subject to notice and opportunity for hearing.

9.2 Successors: Obligations herein bind Debtor(s)’ successors, trustees, and assigns.

9.3 Severability: If any provision is unenforceable, the remainder of the Petition and Plan shall remain in full force.

9.4 Integration: This Petition, all filed Schedules, Statements, and the confirmed Plan constitute the entire agreement between Debtor(s) and their creditors as to treatment of claims.

9.5 Electronic Signatures: Permitted under NEB General Order 05-03 and Fed. R. Bankr. P. 5005(a)(2).

10. EXECUTION BLOCKS

Debtor Verification (Official Form 101, Part 9)

I have examined this petition, and I declare under penalty of perjury that the information provided is true and correct.

Date: //20___

Debtor 1: ______ Signature: _______

Debtor 2: ______ Signature: _______

Attorney Signature

Date: //20___

By: _____
Name: ______ Bar No.: _
Firm: ________
Address: _____
Phone: _ Email: ____

The undersigned certifies that the information in this document is consistent with the data entered in CM/ECF and that the debtor(s) have signed this document.

[// GUIDANCE:
1. Filing Sequence – In CM/ECF, open a new “Bankruptcy > Open Voluntary BK Case” event, upload Petition PDF, then attach each Schedule & Plan as separate PDF files.
2. Local Plan Form – Nebraska requires use of its mandatory Chapter 13 Plan (NEB 3083). Copy Section 3.3 into that form, ensuring check-boxes are correctly marked.
3. Trustee-specific Procedures – Confirm current payment address and ePay instructions at the Trustee’s website before completing Section 3.3.B.
4. Means Test Eligibility – Verify unsecured debt limits of 11 U.S.C. § 109(e) on the Petition Date.
5. Post-Confirmation – Calendar the bar date for governmental proofs of claim (180 days from Petition Date) and the deadline to object to proofs of claim (per Fed. R. Bankr. P. 3007).]

END OF TEMPLATE