UNITED STATES BANKRUPTCY COURT

DISTRICT OF NORTH DAKOTA

CHAPTER 7 BANKRUPTCY PETITION PACKAGE

(Comprehensive Attorney Drafting Template – For Individual Debtors)

[// GUIDANCE: This template is designed for use only by attorneys admitted to practice before the U.S. Bankruptcy Court for the District of North Dakota (“D.N.D.”). It consolidates the mandatory Official Forms, North Dakota-specific schedules, and local‐rule certificates into a single, fully cross-referenced drafting framework. Replace every bracketed [PLACEHOLDER] with client-specific data, delete all guidance comments before filing, and attach all required Official Forms in their latest promulgated version. Because Official Forms are periodically amended, confirm you are using the current edition before finalizing this package. ]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Voluntary Petition (Official Form 101) – Core Filing Instrument
IV. Asset & Liability Schedules (A/B through J)
V. Statement of Financial Affairs (Official Form 107)
VI. Statement of Intention (Official Form 108)
VII. Means-Test Documents (Forms 122A-1 & 122A-2)
VIII. North Dakota Exemption Schedule (Schedule C – Opt-Out State)
IX. Local Rule & Trustee Compliance Certificates
X. General Provisions & Debtor Covenants
XI. Execution Block & Verifications

I. DOCUMENT HEADER

Voluntary Petition for Individuals Filing for Chapter 7 Bankruptcy
In re [DEBTOR FULL LEGAL NAME(S)], Debtor(s).
Case No.: ____ (To be assigned)
Chapter: 7
Filed in the United States Bankruptcy Court for the District of North Dakota

Effective Filing Date (“Petition Date”): [MM/DD/YYYY]

II. DEFINITIONS

For purposes of this Petition Package, capitalized terms have the meanings set forth below. Terms defined in 11 U.S.C. § 101 retain the same meaning unless expressly modified.

“Automatic Stay” – The injunction arising under 11 U.S.C. § 362 upon filing the Petition.
“Bankruptcy Code” – Title 11 of the United States Code, 11 U.S.C. §§ 101 – 1532.
“Debtor” – Individually, or collectively if joint, the person(s) seeking relief herein.
“Exempt Property” – Property claimed exempt under 11 U.S.C. § 522(b)(2) and applicable North Dakota law.
“Petition Package” – This consolidated template, the executed Official Forms, and all attachments.
“Trustee” – The Chapter 7 panel trustee appointed under 11 U.S.C. § 701.

III. VOLUNTARY PETITION – OFFICIAL FORM 101

[// GUIDANCE: The operative petition is Official Form 101. The outline below mirrors that form and includes ND-specific insertions. Where a heading tracks the form verbatim, retain formatting.]

A. Part 1 – Identify the Debtor
1. Full Name ……… [LAST, First Middle]
2. All Other Names (d/b/a, a/k/a) ……… [PLACEHOLDER]
3. Address ……… [STREET, CITY, ND ZIP]
4. County of Residence ……… [PLACEHOLDER]
5. Debtor Social Security No. (last 4 digits) ……… [XXXX]
6. Debtor’s Employer Identification No. (if applicable) ……… [PLACEHOLDER]

B. Part 2 – Tell the Court About the Debtor’s Property or Business
[PLACEHOLDER language mirrors Official Form 101 §§ 11–13]

C. Part 3 – Report Any Prior Bankruptcy Cases
[PLACEHOLDER]

D. Part 4 – Report Administrative Information
– Chapter Requested: 7
– Nature of Debts: □ Consumer □ Business □ Both
– Statistical/Administrative Information (per 28 U.S.C. § 159)

E. Part 5 – Certification & Signature
Include:
• Debtor declaration under penalty of perjury that information is true and correct.
• Attorney signature block compliant with Fed. R. Bankr. P. 9011.

IV. ASSET & LIABILITY SCHEDULES (A/B – J)

[// GUIDANCE: Schedules A/B–J must exactly track Official Forms 106A/B through 106J. The subsections below correspond to each schedule and embed ND-specific considerations.]

A. Schedule A/B – Property
1. Real Property – Identify homestead; note North Dakota homestead exemption dollar cap.
2. Personal Property – Itemize per Form 106A/B asset codes.

B. Schedule C – Exempt Property (See Section VIII for detailed ND exemption list)

C. Schedule D – Secured Claims
Identify creditor, collateral, amount of claim, and whether property is claimed exempt.

D. Schedule E/F – Unsecured Claims
Separate priority (§ 507(a)) vs. non-priority creditors.

E. Schedule G – Executory Contracts & Unexpired Leases
List landlord, contract counterparties, description, and assumption/rejection intent.

F. Schedule H – Co-Debtors
Identify joint obligors on listed debts.

G. Schedule I – Current Income
Provide monthly income detail including non-cash governmental assistance.

H. Schedule J – Current Expenditures
Detail household expenses; include trustee-approved expense standards where applicable.

V. STATEMENT OF FINANCIAL AFFAIRS (SOFA – OFFICIAL FORM 107)

Provide three-year historical disclosures of income, transfers, lawsuits, garnishments, and business activity. Ensure compliance with 11 U.S.C. § 521(a)(1)(B)(iii)–(v).

VI. STATEMENT OF INTENTION REGARDING SECURED PROPERTY (OFFICIAL FORM 108)

A. Property to Be Surrendered vs. Retained
B. Proposed Action on Secured Debt (redeem, reaffirm, or surrender)
C. Deadline: File within 30 days of Petition Date per 11 U.S.C. § 521(a)(2).

VII. MEANS-TEST DOCUMENTS (FOR INDIVIDUAL CONSUMER DEBTORS)

A. Statement of Your Current Monthly Income (Official Form 122A-1)
B. Statement of Disposable Income (Official Form 122A-2 – if presumption of abuse arises)

VIII. NORTH DAKOTA EXEMPTION SCHEDULE (SCHEDULE C ATTACHMENT)

[// GUIDANCE: North Dakota is an opt-out state under 11 U.S.C. § 522(b)(2); debtors must use ND exemptions. Cite state statutes in attorney cover letter, not in the filed schedule, unless required.]

Typical ND Exemptions (non-exhaustive):
1. Homestead – Equity up to [CURRENT STATE DOLLAR LIMIT]
2. Motor Vehicle – Equity up to [LIMIT] per debtor
3. Household Goods & Furnishings – Up to [LIMIT] aggregate value
4. Tools of Trade – Up to [LIMIT]
5. Life Insurance Cash Value – Up to [LIMIT]
6. Qualified Retirement Accounts – Generally fully exempt under 11 U.S.C. § 522(d)(12) & 26 U.S.C. § 408, as adopted by state law

[PLACEHOLDER chart with columns for “Asset Description,” “Statutory Basis,” “Amount Claimed Exempt.”]

IX. LOCAL RULE & TRUSTEE COMPLIANCE CERTIFICATES

A. Local Rule 2003-1 Certificate – Verification of § 341 Meeting Documents provided to Trustee (tax returns, pay stubs, bank statements).
B. Domestic Support Obligation (“DSO”) Statement – Required under D.N.D. L.R. 4004-1.
C. Credit-Counseling Certificate and Debt-Education Certificates (11 U.S.C. §§ 109(h), 111).
D. Matrix Verification – List of Creditors formatted per D.N.D. L.R. 1007-1.

X. GENERAL PROVISIONS & DEBTOR COVENANTS

1. Duty to Cooperate – Debtor shall comply with 11 U.S.C. § 521 and Fed. R. Bankr. P. 4002, including appearance at the § 341 Meeting and turnover of requested documents within seven (7) days of Trustee request.
2. Address Change – Debtor must file a notice of address change within fourteen (14) days of any relocation.
3. Post-Petition Tax Returns – Debtor shall timely file all tax returns becoming due post-petition.
4. Discharge Conditions – Debtor acknowledges discharge may be denied under 11 U.S.C. § 727 for failure to perform obligations herein.

XI. EXECUTION BLOCK & VERIFICATIONS

I/We declare under penalty of perjury that the information provided in this Petition Package, including the attached schedules and statements, is true and correct to the best of my/our knowledge, information, and reasonable belief.

Executed on this ___ day of _, 20.

[DEBTOR PRINTED NAME]
Signature of Debtor

[JOINT DEBTOR PRINTED NAME]
Signature of Joint Debtor (if any)

[ATTORNEY NAME] (Bar No. __)
Attorney for Debtor(s)
[LAW FIRM NAME]
[ADDRESS | PHONE | EMAIL]

[Notary Block – use only if required for specific local forms]

FILING CHECKLIST

1. ☐ Official Form 101 (Signed)
2. ☐ Schedules A/B–J (Signed Declaration)
3. ☐ Statement of Financial Affairs (Signed)
4. ☐ Statement of Intention (Signed)
5. ☐ Means-Test Form 122A-1 & A-2 (if applicable)
6. ☐ Creditor Matrix + Verification
7. ☐ Credit Counseling Certificate (pre-filing)
8. ☐ Filing Fee or Application for Fee Waiver
9. ☐ Local Rule Certificates (Section IX)
10. ☐ Signed Declaration About Schedules

[// GUIDANCE: Assemble the above in the exact order mandated by the Clerk’s Office CM/ECF filing procedures. Use the court-issued event codes and verify all PDF uploads are text-searchable.]

IMPORTANT STATUTORY REFERENCES

(Provided pursuant to Citation Policy – core, well-established Bankruptcy Code sections only)

• 11 U.S.C. § 301 – Voluntary cases.
• 11 U.S.C. § 362 – Automatic stay.
• 11 U.S.C. § 521 – Debtor’s duties.
• 11 U.S.C. § 522 – Exemptions.
• 11 U.S.C. § 541 – Property of the estate.
• 11 U.S.C. § 727 – Discharge.

[// GUIDANCE: This template is now ready for attorney customization. Ensure every placeholder is completed, delete all guidance comments, and perform a final compliance review against the latest Official Forms and D.N.D. Local Rules before filing.]