[FOR ATTORNEY USE ONLY – DO NOT FILE UNMODIFIED]

UNITED STATES BANKRUPTCY COURT

[DISTRICT OF CALIFORNIA]

CHAPTER 7 VOLUNTARY PETITION PACKAGE

(Comprehensive Attorney Drafting Template – California)

[// GUIDANCE: This master template tracks Official Forms promulgated under 28 U.S.C. § 2075 and the Federal Rules of Bankruptcy Procedure (the “FRBP”), incorporates all California‐specific requirements, and is formatted for immediate customization. Because each bankruptcy district within California (Central, Eastern, Northern, Southern) has distinct local rules, confirm the correct district and update the shaded placeholders before filing.]*

TABLE OF CONTENTS

1. Document Header & Recitals
2. Definitions
3. Voluntary Petition (Official Form 101) – Core Filing
4. Exhibits to Voluntary Petition
   4.1. Exhibit A – Credit Counseling Certificate
   4.2. Exhibit B – Statement of Related Cases (Local CA)
5. Schedules & Summary
   5.1. Schedule A/B – Property
   5.2. Schedule C – California Exemptions
   5.3. Schedule D – Secured Claims
   5.4. Schedule E/F – Priority & Unsecured Claims
   5.5. Schedule G – Executory Contracts & Unexpired Leases
   5.6. Schedule H – Codebtors
   5.7. Schedule I – Income
   5.8. Schedule J – Expenses
   5.9. Summary of Assets & Liabilities (Form 106Sum)
6. Statement of Financial Affairs (Official Form 107)
7. Statement of Intention re Secured Debt (Official Form 108)
8. Means Test Forms 122A-1 & 122A-2 (If Applicable)
9. Verification & Declaration Forms
   9.1. Declaration About an Individual Debtor’s Schedules (Form 106Dec)
   9.2. Verification of Master Mailing List (Local CA)
   9.3. Declaration re Electronic Filing (Local CA)
10. Signatures & Notarization
11. Proof of Service (if required by district)

1. DOCUMENT HEADER & RECITALS

UNITED STATES BANKRUPTCY COURT
[DISTRICT OF CALIFORNIA]

In re ) Case No.: [] (To be assigned by Court)
)
[_Debtor Full Legal Name], ) Chapter: 7
[Joint Debtor Full Legal Name] (if any), )
) VOLUNTARY PETITION FOR
Debtor(s). ) RELIEF UNDER CHAPTER 7
)
----------------------------------------------------------/
Recitals
A. On the Petition Date, the Debtor is an individual residing at [Address] within the territorial jurisdiction of this Court.
B. The Debtor seeks a discharge of eligible debts pursuant to 11 U.S.C. §§ 727 & 524.
C. By this Voluntary Petition and accompanying schedules, the Debtor elects the protections of chapter 7 and submits to the automatic stay imposed by 11 U.S.C. § 362.

Effective Date: “[Petition Date]” once file-stamped by the Clerk.

Jurisdiction: Federal bankruptcy jurisdiction under 28 U.S.C. §§ 157 & 1334; venue proper under 28 U.S.C. § 1408.
Forum: United States Bankruptcy Court, [District] of California.

2. DEFINITIONS

For purposes of this Petition Package:

“Applicable Law” means title 11 of the United States Code (the “Bankruptcy Code”), the FRBP, the General Orders and Local Bankruptcy Rules (“LBRs”) of the [District] of California, and any standing orders of the Chief Judge or Chapter 7 Trustees.

“Debtor” means the individual identified above and, if this is a joint case, each spouse filing together pursuant to 11 U.S.C. § 302(a).

“Petition Package” means this Voluntary Petition and every schedule, statement, exhibit, certificate, verification, or other document required for a complete chapter 7 filing in the [District] of California.

“Trustee” means the interim or permanent Chapter 7 trustee appointed under 11 U.S.C. § 701 or § 702.

“Exemption System 1” refers to the California state exemptions under Cal. Civ. Proc. Code § 704.010 et seq. (“§ 704 Series”).
“Exemption System 2” refers to the California bankruptcy-only exemptions under Cal. Civ. Proc. Code § 703.140 (“§ 703 Series”).

3. VOLUNTARY PETITION – OFFICIAL FORM 101

(Key data fields only; replicate entire Official Form in final package)

1. Debtor’s Full Name: [First] [Middle] [Last]
2. All Other Names Used in the last 8 years: [List / “None”]
3. Social Security Number or ITIN (last 4 digits only): [____]
4. Residential Address: [Street, City, CA Zip__]
5. County of Residence: [County]
6. Mailing Address (if different): [____]
7. Debtor’s Employer & Business Name (if any): [____]
8. Nature of Debts: ☐ Consumer ☐ Business ☐ Mixed
9. Chapter of Bankruptcy Code: ✔ Chapter 7
10. Filing Type: ☐ Individual ✔ Joint (if spouse) ☐ Corporation (use Form 201)
11. Statistical/Administrative Information (as required by Form 101)
12. Certification of Credit Counseling: attach Exhibit A.
13. Signature of Debtor & Counsel (see § 10 below).

[// GUIDANCE: The court-issued fillable PDF of Official Form 101 must be completed verbatim; mirror headings identically to maintain compliance with Fed. R. Bankr. P. 9009.]

4. EXHIBITS TO VOLUNTARY PETITION

4.1 Exhibit A – Certificate of Pre-Filing Credit Counseling

Attach the certificate from an approved provider dated within 180 days prior to the Petition Date as required by 11 U.S.C. § 109(h).

4.2 Exhibit B – Statement of Related Cases (Local CA)

[District-specific version] identifying any prior or pending bankruptcy cases concerning the Debtor, spouse, or affiliates.

5. SCHEDULES & SUMMARY

[// GUIDANCE: Use Official Forms 106A/B–J and 106Sum. Populate each numerical line item exactly; add continuation sheets as needed under Form 106 declarations.]

5.1 Schedule A/B – Property

List all legal/equitable interests in real and personal property as of the Petition Date.

5.2 Schedule C – California Exemptions

1. Election (check one – must choose only one system per § 522(b)(3)(A)):
   ☐ § 704 Series (“System 1”)
   ☐ § 703 Series (“System 2”)
2. For each asset on Schedule A/B, designate exemption statute, exemption amount, and current value of claimed exemption.
3. Verify that total homestead exemption does not exceed the county-indexed cap under Cal. Civ. Proc. Code § 704.730.

[// GUIDANCE: If uncertain which system yields superior protection, conduct side-by-side analysis before filing; exemption election is irrevocable absent court order.]

5.3 Schedule D – Secured Claims

Identify every creditor holding liens, judgment liens, taxes with statutory liens, and community property liens.

5.4 Schedule E/F – Priority & Non-Priority Unsecured Claims

• Priority debts (e.g., taxes, support) must be itemized with statutory basis.
• Non-priority unsecured debts listed separately.

5.5 Schedule G – Executory Contracts & Unexpired Leases

• Include residential leases, auto leases, service contracts.

5.6 Schedule H – Codebtors

• List co-obligors on any debt irrespective of filing status.

5.7 Schedule I – Current Income

• Use gross and net figures; attach pay advices as required by 11 U.S.C. § 521(a)(1)(B)(iv).

5.8 Schedule J – Current Expenditures

• Be consistent with means test expense categories.

5.9 Summary of Assets & Liabilities (Form 106Sum)

• Auto-calculates asset, liability, and exemption totals; review for internal consistency.

6. STATEMENT OF FINANCIAL AFFAIRS (SOFA) – FORM 107

Answer each question fully; provide dates, amounts, and counter-parties. Inaccurate or incomplete answers may constitute a “false oath” under 18 U.S.C. § 152.

7. STATEMENT OF INTENTION – FORM 108

Identify secured collateral and indicate intention to:
☐ Surrender ☐ Redeem ☐ Reaffirm (attach reaffirmation agreement) ☐ Retain/Pay as Agreed.
Deadline: 30 days post-petition or on/ before § 341 meeting (11 U.S.C. § 521(a)(2)).

8. MEANS TEST – FORMS 122A-1 & 122A-2

[Only required if primarily consumer debts.]
Step 1: Determine median income threshold for California (update with current DOJ figures).
Step 2: Calculate disposable income.
Result: ✔ 7(b) presumption does not arise ☐ or arises (explain special circumstances).

9. VERIFICATION & DECLARATION FORMS

9.1 Declaration About an Individual Debtor’s Schedules (Form 106Dec) – Must be signed by each debtor under penalty of perjury (28 U.S.C. § 1746).

9.2 Verification of Master Mailing List (LBR 1007-1) – Certifies that creditor matrix is complete and free of duplications.

9.3 Declaration re Electronic Filing (LBR Appendix I) – Required when counsel files using CM/ECF.

10. SIGNATURES & NOTARIZATION

1. Signature Block – Debtor
   /s/ [Typed Name of Debtor]_______ Date: [MM/DD/YYYY]
   Signature of Debtor

/s/ [Typed Name of Joint Debtor]_ Date: [MM/DD/YYYY]
Signature of Joint Debtor (if any)
2. Signature Block – Attorney of Record
/s/ [Typed Name of Attorney]__ Bar No.: [State Bar #]
Firm Name: [_____]
Address: [____]
E-mail: [___]
Phone: [--] Date: [MM/DD/YYYY]
3. Notarization – Not required under federal bankruptcy law. If local practice dictates, add jurat.

4. Electronic Signature Compliance – Use “/s/ Name” format under FRBP 5005(a)(2) & CM/ECF Administrative Procedures.

11. PROOF OF SERVICE (If District Requires)

[Insert district-specific certificate showing service on U.S. Trustee and, where applicable, on any landlord under 11 U.S.C. § 362(l).]

REPRESENTATIONS & WARRANTIES

The undersigned certify under penalty of perjury:

1. Accuracy – All information contained in this Petition Package is true, correct, and complete to the best of the undersigned’s knowledge.
2. Eligibility – Debtor is eligible for relief under chapter 7 of the Bankruptcy Code (11 U.S.C. § 109).
3. Intent – Petition is not filed primarily to hinder, delay, or defraud creditors (11 U.S.C. § 707(a)(3)).
4. Credit Counseling – Debtor received required counseling within 180 days of filing or qualifies for an exigent circumstances waiver (11 U.S.C. § 109(h)(3)).
5. Prior Cases – All previous bankruptcy cases within 8 years are disclosed.

These certifications survive conversion or dismissal.

COVENANTS & ONGOING DUTIES

1. Cooperation – Debtor shall cooperate with the Trustee and U.S. Trustee, including producing tax returns and attending the § 341 meeting.
2. Financial Records – Debtor shall maintain and, on request, provide bank statements, pay advices, and other financial documentation.
3. Post-Petition Asset Acquisition – Debtor shall notify Trustee of any inheritance, property settlement, or life-insurance proceeds received within 180 days after the Petition Date (11 U.S.C. § 541(a)(5)).
4. Domestic Support Obligations – Debtor shall remain current on any ongoing domestic support obligations.
5. Address Change – Debtor must file a notice of change of address within 14 days of any relocation (FRBP 4002(a)(5)).

DEFAULT & REMEDIES

Event of Default (non-exclusive):
a. Failure to appear at § 341 meeting;
b. Failure to cooperate with Trustee;
c. Failure to file required schedules/ statements;
d. Submission of materially false information.

Remedies:
• Case dismissal or conversion under 11 U.S.C. § 707;
• Denial or revocation of discharge under 11 U.S.C. §§ 727(a), 727(d);
• Criminal referral for bankruptcy fraud (18 U.S.C. §§ 152-157);
• Civil sanctions, including attorney fees, under FRBP 9011.

RISK ALLOCATION

Indemnification – Not applicable; however, counsel may include engagement-letter indemnities separately.

Limitation of Liability – Subject to discharge provisions of 11 U.S.C. § 524; certain debts (e.g., student loans, domestic support, recent taxes) are excepted from discharge under 11 U.S.C. § 523.

Force Majeure – Not applicable; statutory deadlines run irrespective of external events absent court order.

DISPUTE RESOLUTION

Governing Law – Bankruptcy Code, FRBP, and the Local Rules of the United States Bankruptcy Court for the [District] of California.

Forum Selection – Exclusive jurisdiction lies in the United States Bankruptcy Court, [District] of California.

Arbitration – Not available.

Jury Waiver – To the extent a right to trial by jury exists in any related adversary proceeding, the Debtor acknowledges limited jury availability under 28 U.S.C. § 1411 and waives such right except as preserved by statute.

Injunctive Relief – Automatic stay under 11 U.S.C. § 362 serves as injunctive protection; further relief obtainable by motion for contempt or sanctions.

GENERAL PROVISIONS

1. Amendments – Schedules may be amended as a matter of right prior to case closure (FRBP 1009); serve amended documents on affected parties.
2. Severability – If any provision of this Petition Package is determined unenforceable, the remaining provisions shall remain in full force.
3. Integration – This Petition Package embodies the complete filing required for voluntary relief under chapter 7; no oral statements modify its terms.
4. Counterparts – Electronic, facsimile, and multiple counterparts each constitute an original.
5. Electronic Signatures – Accepted pursuant to the CM/ECF Administrative Procedures and FRBP 5005.

ATTORNEY CHECKLIST (DO NOT FILE)

☐ Up-to-date means test figures (consult U.S. Trustee website).
☐ Latest median income data for California household size.
☐ Proper exemption system elected and internally consistent.
☐ All pay stubs/tax returns ready for Trustee (forward within 7 days of § 341 notice).
☐ Domestic support obligations notice (if applicable).
☐ Court-specific filing fees or Application to Pay in Installments (Official Form 103A) or Waiver (Form 103B).
☐ Redact all but last four digits of SSN on publicly filed documents (FRBP 9037).

[// GUIDANCE: For Central District, also prepare Form F 3.3 “Statement of Related Cases” and comply with Judge-specific “first-meeting packets.” For Northern District, load creditor matrix in text-only .txt file per LBR 1007-1. Confirm any district-wide eSignature certification forms.]

END OF TEMPLATE – REVIEW CAREFULLY BEFORE FILING

© 2025 – Template prepared for professional use only.