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:
- “Bankruptcy Code” – Title 11 of the United States Code.
- “Debtor” – The individual(s) identified in the Document Header.
- “Petition Date” – The date this Voluntary Petition is filed with the Clerk.
- “Schedules” – Official Forms 106A/B through 106J and related summary.
- “Trustee” – The interim or permanent Chapter 7 trustee appointed under 11 U.S.C. § 701.
- “Exempt Property” – Property claimed exempt under 11 U.S.C. § 522 or, if elected, Neb. Rev. Stat. exemptions, as detailed on Schedule C.
- “DSO” – Domestic Support Obligation, as defined in 11 U.S.C. § 101(14A).
- “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:)
- All information provided in each Exhibit is true, correct, and complete to the best of Debtor’s knowledge, information, and belief.
- Debtor has listed all creditors, assets, income, and liabilities.
- Debtor has not transferred, concealed, or destroyed property in violation of 11 U.S.C. §§ 727(a)(2)–(7).
- 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).
- 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)
- Cooperate with Trustee – Provide tax returns, bank statements, and other requested documents per 11 U.S.C. § 521.
- 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).
- Personal-Financial Management Course – Complete and file Official Form 423 within 60 days after the first date set for the § 341(a) meeting.
- 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
- Automatic Stay – Immediately halts most collection activity under 11 U.S.C. § 362; subject to relief-from-stay motions.
- 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).
- No Contractual Indemnification – This is a statutory proceeding; indemnification provisions are not applicable.
- Liability Caps – Debtor’s personal liability on dischargeable debts is eliminated upon entry of discharge order.
VIII. DISPUTE RESOLUTION
- Governing Law – Bankruptcy Code, Federal Rules of Bankruptcy Procedure (“FRBP”), and Local Rules of the United States Bankruptcy Court for the District of Nebraska.
- 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.
- Arbitration – Not available for core bankruptcy matters.
- Jury Trial – Limited; jury demands are subject to Fed. R. Civ. P. 38 as incorporated by FRBP 9015, and only upon withdrawal of reference.
- Injunctive Relief – Statutory automatic stay provides injunctive protection pursuant to 11 U.S.C. § 362.
IX. GENERAL PROVISIONS
- Amendments – Schedules, Statements, and other documents may be amended by filing the official amendment cover sheet and paying any applicable fee.
- Severability – If any provision of this Petition Package is deemed unenforceable, the remaining provisions shall remain in full force.
- 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.
- Electronic Signatures – Permitted if compliant with LBR 9011-1 and Administrative Procedures for Electronic Case Filing.
- 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
-
Schedule A/B – Real & Personal Property
• [PLACEHOLDER: Itemize each asset; include Fair Market Value; indicate secured liens.] -
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.] -
Schedule D – Secured Claims
- Schedule E/F – Priority & Non-Priority Unsecured Claims
- Schedule G – Executory Contracts & Unexpired Leases
- Schedule H – Co-Debtors
- Schedule I – Current Income
- 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
- Check Local Rules and General Orders for any updates to form numbers or additional required statements (e.g., COVID-19 temporary procedures).
- Fees: $338 total filing fee (current as of this template). Verify with Clerk’s Office.
- Redact personal-identifying information per Fed. R. Bankr. P. 9037.
- 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.]