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Templates Financial Banking Bankruptcy Petition - Chapter 7
Bankruptcy Petition - Chapter 7
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CHAPTER 7 BANKRUPTCY PETITION PACKAGE

District of Nebraska | United States Bankruptcy Court (D.Neb.)
[// GUIDANCE: This master template is intentionally over-inclusive. Delete all bracketed guidance, verify every fact, and attach the Official & Local Forms referenced before filing.]


TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions – Petition Packet Overview & Debtor Obligations
IV. Representations & Warranties (Debtor Certifications)
V. Covenants & Restrictions (Ongoing Duties)
VI. Default & Remedies (Consequences of Non-Compliance)
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

EXHIBIT INDEX – REQUIRED FORMS
A. Official Form 101 – Voluntary Petition (Individuals)
B. Official Form 121 – Statement About Your Social Security Numbers
C. Official Form 106 Summary & Schedules A/B–J
D. Official Form 106Dec – Declaration About an Individual Debtor’s Schedules
E. Official Form 107 – Statement of Financial Affairs
F. Official Forms 122A-1 & 122A-2 – Chapter 7 Means Test
G. Official Form 108 – Statement of Intention
H. Local Form NE-LBF 1007-1 – Verification of Creditor Matrix
I. Local Form NE-LBF 1007-2 – Domestic Support Obligation Statement
J. Local Trustee 341(a) Document-Production Checklist
K. Certificate of Credit Counseling
L. Proof of Income (Pay Stubs) & Tax Returns (per Trustee Guidelines)


I. DOCUMENT HEADER

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEBRASKA

In re: Chapter 7
[DEBTOR LEGAL NAME], Case No. _____
SSN/ITIN: xxx-xx-[####]

[JOINT DEBTOR LEGAL NAME], (Joint Case, if applicable)
SSN/ITIN: xxx-xx-[####]

Debtor(s).

VOLUNTARY PETITION UNDER CHAPTER 7 OF TITLE 11, UNITED STATES CODE
Effective Filing Date: [PETITION DATE]

Governing Law: 11 U.S.C. §§ 101 et seq. (the “Bankruptcy Code”)
Forum: United States Bankruptcy Court, District of Nebraska
Automatic Stay: 11 U.S.C. § 362 (invoked upon filing)


II. DEFINITIONS

For purposes of this Petition Package:

  1. “Bankruptcy Code” – Title 11 of the United States Code.
  2. “Debtor” – The individual(s) identified in the Document Header.
  3. “Petition Date” – The date this Voluntary Petition is filed with the Clerk.
  4. “Schedules” – Official Forms 106A/B through 106J and related summary.
  5. “Trustee” – The interim or permanent Chapter 7 trustee appointed under 11 U.S.C. § 701.
  6. “Exempt Property” – Property claimed exempt under 11 U.S.C. § 522 or, if elected, Neb. Rev. Stat. exemptions, as detailed on Schedule C.
  7. “DSO” – Domestic Support Obligation, as defined in 11 U.S.C. § 101(14A).
  8. “Means Test” – Calculations required by 11 U.S.C. § 707(b), reported on Official Forms 122A-1 & 122A-2.

III. OPERATIVE PROVISIONS

(Petition Packet Overview & Debtor Obligations)

A. Required Forms and Supporting Documents
1. The Debtor shall complete, sign, and file each Exhibit listed in the Exhibit Index, incorporating all Nebraska-specific Local Bankruptcy Rules (“LBR”) and Trustee protocols.
2. All forms must be the current versions prescribed by the Judicial Conference.
3. A properly formatted Creditor Mailing Matrix, verified by Local Form NE-LBF 1007-1, shall accompany the Petition.

B. Exemption Election
• The Debtor must designate either the federal exemptions under 11 U.S.C. § 522(d) or the Nebraska state exemptions (Neb. Rev. Stat. §§ 25-1552 et seq.) on Schedule C. [PLACEHOLDER: Indicate chosen exemption scheme.]

C. Filing Fee / Application to Pay in Installments or Waive Fee
• [PLACEHOLDER: Check one] Debtor remits the full filing fee OR files Official Form 103A/103B as appropriate.

D. Credit Counseling Compliance
• A Certificate of Credit Counseling completed within 180 days before the Petition Date must be filed per 11 U.S.C. § 109(h).

E. Trustee 341(a) Meeting Preparation
• Debtor must provide to the Trustee, no later than 7 days prior to the § 341(a) meeting, the documents enumerated in Exhibit J.


IV. REPRESENTATIONS & WARRANTIES

(The Debtor certifies, under penalty of perjury, that:)

  1. All information provided in each Exhibit is true, correct, and complete to the best of Debtor’s knowledge, information, and belief.
  2. Debtor has listed all creditors, assets, income, and liabilities.
  3. Debtor has not transferred, concealed, or destroyed property in violation of 11 U.S.C. §§ 727(a)(2)–(7).
  4. Debtor is eligible to be a debtor under Chapter 7 and has not obtained a discharge in a case commenced within the periods specified in 11 U.S.C. § 727(a)(8)–(9).
  5. Debtor has completed an approved credit-counseling course or is entitled to a temporary waiver.

[// GUIDANCE: Insert additional representations if the Debtor runs a business, holds a fiduciary position, or has complex asset structures.]


V. COVENANTS & RESTRICTIONS

(Duties continuing post-petition)

  1. Cooperate with Trustee – Provide tax returns, bank statements, and other requested documents per 11 U.S.C. § 521.
  2. Post-Petition Asset Acquisition – Report any inheritance, property settlement, or life-insurance proceeds acquired within 180 days per 11 U.S.C. § 541(a)(5).
  3. Personal-Financial Management Course – Complete and file Official Form 423 within 60 days after the first date set for the § 341(a) meeting.
  4. Address Change – File a notice of change of address within 14 days of any relocation until discharge or case closure.

VI. DEFAULT & REMEDIES

A. Events of Default
1. Failure to timely file required schedules, statements, or certificates.
2. Failure to appear at the § 341(a) meeting.
3. Failure to provide requested documentation to the Trustee.

B. Consequences
• Case dismissal, denial or revocation of discharge (11 U.S.C. §§ 707, 727), potential criminal referral under 18 U.S.C. § 152, and loss of automatic stay protections.

C. Cure
• Debtor may cure a default by filing missing documents or providing information within the deadlines set by the Clerk, Trustee, or Court order.


VII. RISK ALLOCATION

  1. Automatic Stay – Immediately halts most collection activity under 11 U.S.C. § 362; subject to relief-from-stay motions.
  2. Discharge – Most pre-petition debts will be discharged pursuant to 11 U.S.C. § 727, subject to statutory exceptions (e.g., 11 U.S.C. § 523).
  3. No Contractual Indemnification – This is a statutory proceeding; indemnification provisions are not applicable.
  4. Liability Caps – Debtor’s personal liability on dischargeable debts is eliminated upon entry of discharge order.

VIII. DISPUTE RESOLUTION

  1. Governing Law – Bankruptcy Code, Federal Rules of Bankruptcy Procedure (“FRBP”), and Local Rules of the United States Bankruptcy Court for the District of Nebraska.
  2. Exclusive Forum – All matters arising under, in, or related to this Chapter 7 case shall be heard by the United States Bankruptcy Court for the District of Nebraska or, on withdrawal of reference, the U.S. District Court for the District of Nebraska.
  3. Arbitration – Not available for core bankruptcy matters.
  4. Jury Trial – Limited; jury demands are subject to Fed. R. Civ. P. 38 as incorporated by FRBP 9015, and only upon withdrawal of reference.
  5. Injunctive Relief – Statutory automatic stay provides injunctive protection pursuant to 11 U.S.C. § 362.

IX. GENERAL PROVISIONS

  1. Amendments – Schedules, Statements, and other documents may be amended by filing the official amendment cover sheet and paying any applicable fee.
  2. Severability – If any provision of this Petition Package is deemed unenforceable, the remaining provisions shall remain in full force.
  3. Integration – This Petition Package, together with the attached Exhibits, constitutes the complete filing required to initiate a Chapter 7 case, subject to supplemental filings required by statute, rule, or order of the Court.
  4. Electronic Signatures – Permitted if compliant with LBR 9011-1 and Administrative Procedures for Electronic Case Filing.
  5. Counterparts – Not applicable; the Court file constitutes the official record.

X. EXECUTION BLOCK

I declare under penalty of perjury that the information provided in this Petition Package is true and correct.

Dated: [PETITION DATE]

/s/ [DEBTOR NAME]______
[Debtor Name], Debtor

/s/ [JOINT DEBTOR NAME]_______
[Joint Debtor Name], Joint Debtor (if any)

Attorney for Debtor(s):

/s/ [ATTORNEY NAME]____
[Attorney Name] (NE Bar # [####])
[Law Firm]
[Address]
Phone: [###-###-####] | Email: [email]
Notary (if required for local forms):

STATE OF NEBRASKA )
) ss.
COUNTY OF [_] )

Subscribed and sworn before me this ___ day of __, 20_.

/s/___
Notary Public
My Comm’n Expires:
_____


EXHIBIT INDEX – FORM TEMPLATES & PLACEHOLDERS

[Each Exhibit must be completed on the current Official or Local Form. The following language provides the critical placeholders and Nebraska-specific notes.]


EXHIBIT A

OFFICIAL FORM 101 – VOLUNTARY PETITION

Key Placeholders:
• Part 1, Line 1: [Debtor Name]
• Part 2, Line 5: [Nebraska County of Residence]
• Part 3, Line 9: Chapter 7 (Check “No Asset” or “Asset” as appropriate).
• Part 4, Line 11: [Attorney Name & Bar Number]
• Part 8 (Signature): Align with Execution Block above.

[// GUIDANCE: Use Part 4 to indicate the District of Nebraska for venue; for joint cases, ensure both debtors sign Part 9.]


EXHIBIT B

OFFICIAL FORM 121 – STATEMENT ABOUT YOUR SOCIAL SECURITY NUMBERS

Placeholder Fields:
• Debtor SSN: [###-##-####]
• Joint Debtor SSN (if any): [###-##-####]


EXHIBIT C

OFFICIAL FORM 106 SUMMARY & SCHEDULES A/B–J

  1. Schedule A/B – Real & Personal Property
    • [PLACEHOLDER: Itemize each asset; include Fair Market Value; indicate secured liens.]

  2. Schedule C – Claim of Exemptions
    • [PLACEHOLDER: List statutory citation (e.g., 11 U.S.C. § 522(d)(1)) or Nebraska exemption statute; insert dollar values.]

  3. Schedule D – Secured Claims

  4. Schedule E/F – Priority & Non-Priority Unsecured Claims
  5. Schedule G – Executory Contracts & Unexpired Leases
  6. Schedule H – Co-Debtors
  7. Schedule I – Current Income
  8. Schedule J – Current Expenditures

[// GUIDANCE: Where spouses maintain separate households, file separate Schedules I & J.]


EXHIBIT D

OFFICIAL FORM 106Dec – DECLARATION ABOUT AN INDIVIDUAL DEBTOR’S SCHEDULES
• Signature lines must exactly match those in the Voluntary Petition.


EXHIBIT E

OFFICIAL FORM 107 – STATEMENT OF FINANCIAL AFFAIRS (SOFA)
• Question 4: Provide gross revenue for three prior calendar years.
• Question 9: List creditors who seized property within one year pre-petition.
• [PLACEHOLDER: Complete all 28 questions.]


EXHIBIT F

OFFICIAL FORMS 122A-1 & 122A-2 – CHAPTER 7 MEANS TEST
• [PLACEHOLDER: Median family income figures—consult current DOJ chart for Nebraska.]
• Part 3: Deductions per IRS standards; ensure correct county cost-of-living inputs.
• Part 4: Determination of Presumption of Abuse (Outcome: [Pass/Fail]).


EXHIBIT G

OFFICIAL FORM 108 – STATEMENT OF INTENTION
• List each secured debt/lease and indicate “Surrender,” “Reaffirm,” or “Redeem.”
• File within 30 days of the Petition Date (11 U.S.C. § 521(a)(2)).


EXHIBIT H

LOCAL FORM NE-LBF 1007-1 – VERIFICATION OF CREDITOR MATRIX
• Matrix must be text-only, single column, left-justified, no special characters.


EXHIBIT I

LOCAL FORM NE-LBF 1007-2 – DOMESTIC SUPPORT OBLIGATION STATEMENT
• Required whether or not the Debtor owes a DSO.
• [PLACEHOLDER: List recipient’s name, address, and payment amount or “None.”]


EXHIBIT J

LOCAL TRUSTEE 341(a) DOCUMENT-PRODUCTION CHECKLIST
• Two most recent federal and state tax returns
• 60 days of pay advices or income proofs
• Six months of bank statements for all accounts
• Vehicle titles, real estate deeds, and proof of insurance
• Photo ID and proof of SSN


EXHIBIT K

CERTIFICATE OF CREDIT COUNSELING
• Must reflect completion within 180 days pre-petition.


EXHIBIT L

PAY STUBS & TAX RETURNS
• Combine into a single PDF, labeled “[Debtor Name] – Pay Stubs & Tax Returns,” and deliver to Trustee.


[// GUIDANCE: Compile all Exhibits into one PDF in the order shown, or file each Exhibit as a separate docket entry as permitted by the CM/ECF procedures for D.Neb.]


IMPORTANT REMINDERS

  1. Check Local Rules and General Orders for any updates to form numbers or additional required statements (e.g., COVID-19 temporary procedures).
  2. Fees: $338 total filing fee (current as of this template). Verify with Clerk’s Office.
  3. Redact personal-identifying information per Fed. R. Bankr. P. 9037.
  4. After filing, calendar the following:
    • § 341(a) meeting date (sent on Form 309A by Clerk).
    • Deadline to object to discharge or dischargeability (FRBP 4004/4007).
    • Reaffirmation agreement filing deadline (60 days after § 341(a) meeting).

[// GUIDANCE: This template is designed to be court-ready but does not replace the Official Forms. Always download the latest version of each Official Form from uscourts.gov, conform numbering exactly, and double-check Nebraska-specific Local Bankruptcy Rules before filing.]

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