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Templates Financial Banking Bankruptcy Petition - Chapter 7
Bankruptcy Petition - Chapter 7
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CHAPTER 7 VOLUNTARY PETITION

United States Bankruptcy Court – [Northern | Southern] District of Iowa
(“Court”)

Effective Filing Date: [MM/DD/YYYY]

[// GUIDANCE: This template consolidates the Official Bankruptcy Forms required in an Iowa Chapter 7 filing into a single, court-ready instrument. It is intentionally over-inclusive so counsel may omit any sections that duplicate separately-filed Official Forms (e.g., 101, 106 series, 107, 108). ALL bold-bracketed text MUST be customized prior to filing. Cross-reference all local rules and standing orders of the selected district before submission.]


TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Petition & Relief Requested)
IV. Representations & Warranties
V. Covenants & Continuing Duties
VI. Default, Penalties & Remedies
VII. Risk Allocation & Discharge Parameters
VIII. Dispute Resolution Framework
IX. General Provisions
X. Execution & Verification Block
Exhibits – Required Schedules & Declarations


I. DOCUMENT HEADER

  1. Title. Voluntary Petition for Individuals Filing for Bankruptcy – Chapter 7 (11 U.S.C. §§ 301, 7).
  2. Parties.
    a. Debtor: [Full Legal Name], SSN: xxx-xx-[####], Address: [Street, City, IA ZIP].
    b. Joint Debtor (if any): [Full Legal Name], SSN: xxx-xx-[####], Address: [Street, City, IA ZIP].
  3. Counsel. [Firm Name], by [Attorney Name, Iowa Bar No. _____], Address, Phone, Email.
  4. Jurisdiction & Venue. Proper under 28 U.S.C. §§ 1334(a), 1408; venue in this District.
  5. Recitals.
    a. Debtor has received approved credit-counseling within 180 days (§ 109(h)).
    b. Debtor is eligible for relief under Chapter 7 (§ 109).
    c. Debtor desires an order for relief and a discharge of dischargeable debts.
  6. Consideration. Statutory filing fee and sworn statements herein constitute consideration.

II. DEFINITIONS

For purposes of this Petition, capitalized terms carry the following meanings:

“Bankruptcy Code” – Title 11, United States Code.
“Bankruptcy Court” or “Court” – The United States Bankruptcy Court for the [Northern | Southern] District of Iowa.
“Debtor” – The individual(s) identified in Section I.
“Excluded Assets” – Property deemed outside the estate under § 541(b).
“Exempt Property” – Property the Debtor claims exempt pursuant to § 522 and Iowa exemption statutes, detailed in Exhibit B.
“Petition Date” – The date this Petition is filed with the Clerk.
“Schedules” – The completed Official Form 106 series attached hereto as composite Exhibit A.
“SOFA” – Statement of Financial Affairs (Official Form 107).
“Trustee” – Chapter 7 panel trustee appointed under § 701.

[// GUIDANCE: Maintain alphabetical order; add any defined term introduced elsewhere.]


III. OPERATIVE PROVISIONS (PETITION & RELIEF REQUESTED)

3.1 Filing of Case. Debtor hereby commences a voluntary case under Chapter 7, requests entry of an order for relief (§ 301), and submits all required forms, declarations, and certificates contemporaneously.

3.2 Schedules & Statements. Debtor attaches, incorporates, and swears to the accuracy of:
• Official Form 106 A/B – Assets
• Official Form 106C – Exemptions (Iowa)
• Official Form 106D – Secured Claims
• Official Form 106E/F – Unsecured Claims
• Official Form 106G – Executory Contracts & Leases
• Official Form 106H – Codebtors
• Official Form 106I – Income
• Official Form 106J – Expenses
• Summary of Assets & Liabilities
• Declaration Concerning Schedules (Form 106Dec)
• SOFA (Form 107)
• Statement of Intention (Form 108)

3.3 Exemption Schedule Compliance. Debtor elects the Iowa state exemption scheme pursuant to § 522(b)(2) and Iowa Code ch. 627; see detailed list in Exhibit B.

3.4 Certificate of Credit Counseling. Attached as Exhibit C and compliant with § 109(h).

3.5 Statistical & Administrative Information. Completed Official Form 101 supplement (e.g., estimated creditor count, asset range) is incorporated herein by reference.


IV. REPRESENTATIONS & WARRANTIES

4.1 Eligibility. Debtor represents that aggregate non-contingent, liquidated, unsecured debts are below the Chapter 13 cap (§ 109(e)) and Debtor elects Chapter 7.

4.2 Accuracy of Disclosures. All information in this Petition, Schedules, and SOFA is true and correct to the best of Debtor’s knowledge, information, and belief, subject to penalty of perjury (28 U.S.C. § 1746).

4.3 Domicile Requirement. Debtor has resided, or maintained principal assets, in the State of Iowa for the greater portion of the preceding 180 days (§ 1408).

4.4 Prior Filings. Any bankruptcy cases filed by Debtor within the prior 8 years are fully disclosed in Part 8 of Official Form 101.

4.5 Means Test. If applicable, a completed Statement of Current Monthly Income (Form 122A-1) and any supplemental forms are attached; Debtor warrants accuracy.

4.6 Survival. Representations & warranties survive dismissal, conversion, or discharge to the fullest extent permitted by law.


V. COVENANTS & CONTINUING DUTIES

5.1 Cooperation. Debtor shall:
a. Produce documents reasonably requested by the Trustee (§ 521(a)(3));
b. Appear at § 341 Meeting of Creditors;
c. Sign reaffirmation agreements only after full compliance with § 524(c).

5.2 Post-Petition Financial Management Course. Debtor shall complete an approved course and file Official Form 423 within the statutory period.

5.3 Change of Address. Debtor shall promptly notify the Clerk, Trustee, and counsel of any address change until case closure.

5.4 Tax Returns. Debtor will provide to the Trustee federal and state tax returns for the period ending immediately before the Petition Date (§ 521(e)(2)).


VI. DEFAULT, PENALTIES & REMEDIES

6.1 Events of Default.
a. Failure to attend § 341 meeting;
b. Failure to file required documents within 14 days of Petition Date (Fed. R. Bankr. P. 1007(c));
c. Material misstatement or omission in any filing;
d. Failure to cooperate with Trustee investigations.

6.2 Remedies. Upon default, the Court may:
a. Dismiss or convert the case (§ 707(a));
b. Deny or revoke Debtor’s discharge (§§ 727(a), 727(d));
c. Impose sanctions, civil penalties, or criminal referral (18 U.S.C. §§ 152, 3571).

6.3 Cure Opportunity. Unless the Court orders otherwise, Debtor shall have 14 days’ written notice to cure any non-statutory default.


VII. RISK ALLOCATION & DISCHARGE PARAMETERS

7.1 Automatic Stay. Entry of this Petition operates as a statutory injunction under § 362(a).

7.2 Discharge Scope. Upon entry of discharge, personal liability for dischargeable debts is capped at zero; nondischargeable obligations under §§ 523(a)(1)–(19) survive.

7.3 No Indemnification. Indemnity obligations are not applicable to this Petition; liability shifts are governed strictly by the Bankruptcy Code.

7.4 Force Majeure. Statutory deadlines are tolled only as permitted by Fed. R. Bankr. P. and applicable Court orders; no contractual force-majeure expansion applies.


VIII. DISPUTE RESOLUTION FRAMEWORK

8.1 Governing Law. This case is governed exclusively by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and local rules of the Court.

8.2 Forum Selection. All matters shall be heard in the United States Bankruptcy Court for the [Northern | Southern] District of Iowa.

8.3 Arbitration. Statutory bankruptcy jurisdiction is non-arbitrable absent Court order.

8.4 Jury Waiver. Debtor acknowledges limited jury trial availability in adversary proceedings and does not demand a jury at this time.

8.5 Injunctive Relief. The automatic stay under § 362 serves as the controlling injunctive mechanism; supplemental equitable relief may be sought pursuant to § 105(a).


IX. GENERAL PROVISIONS

9.1 Amendments & Supplements. Debtor may amend Schedules/Statements as of right before case closure (Fed. R. Bankr. P. 1009(a)); each amendment must be served on affected parties with notice of deadline to object.

9.2 Severability. If any portion of this Petition is held unenforceable, the balance remains in full force, provided statutory requirements are met.

9.3 Entire Filing. This Petition, all attached Official Forms, and subsequent amendments constitute the entire Chapter 7 filing for the Debtor.

9.4 Electronic Signatures. Permitted in conformity with the Court’s Administrative Procedures for Electronic Case Filing and IA LBR [insert rule number].

9.5 Successors. Duties herein bind Debtor’s successors, legal representatives, and assigns to the extent applicable under bankruptcy law.


X. EXECUTION & VERIFICATION BLOCK

I declare under penalty of perjury that the information provided in this Petition is true and correct. I understand that knowingly making a false statement could result in fines up to $250,000, imprisonment for up to 20 years, or both (18 U.S.C. §§ 152, 1341, 1519, and 3571).

Debtor Signature Date
[Debtor Name] [MM/DD/YYYY]
Joint Debtor Signature (if any) Date
[Joint Debtor Name] [MM/DD/YYYY]

Attorney Signature:
[Attorney Name], Counsel for Debtor(s)
Iowa Bar No. [####] | Date: [MM/DD/YYYY]
Address: [Address] | Phone: [(###) ###-####] | Email: [[email protected]]

Notary (if local rule requires wet-ink verification):
State of Iowa, County of [_____].
Subscribed and sworn before me on [MM/DD/YYYY] by [Debtor Name].
Notary Public: ____ My Comm. Expires: ___


EXHIBITS (attach as separate PDF documents unless ECF system consolidates)

• Exhibit A – Matrix of Creditors (per Fed. R. Bankr. P. 1007(a)(1))
• Exhibit B – Schedule C: Iowa Exemptions (Iowa Code ch. 627 & 11 U.S.C. § 522)
• Exhibit C – Certificate of Credit Counseling (§ 109(h))
• Exhibit D – Statement of Monthly Income (Form 122A-1/1Supp)
• Exhibit E – Proof of Payment Advices (§ 521(a)(1)(B)(iv))
• Exhibit F – Local Form(s) required by IA LBR [insert rule number]
• Exhibit G – Debtor’s Certification About Financial Management Course (Form 423)

[// GUIDANCE: The clerk’s office will reject filings lacking any mandatory exhibit or improperly formatted creditor matrix. Confirm electronic upload specifications (PDF/A, 300 dpi, OCR enabled).]


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