CHAPTER 7 BANKRUPTCY PETITION PACKAGE – NEW YORK

(United States Bankruptcy Court – [S.D.N.Y. | E.D.N.Y. | N.D.N.Y. | W.D.N.Y.])

[// GUIDANCE: This master template consolidates the core federal “Official Forms” required for an individual or joint consumer Chapter 7 filing, layered with New York-specific exemptions, local-rule certifications, and trustee-practice requirements. Replace all bracketed text, delete guidance boxes, and attach the latest AO-provided PDFs where indicated. The template is court-ready once customized and converted to the official form layouts.]

TABLE OF CONTENTS

I. Document Header (Voluntary Petition – Official Form 101)
II. Definitions
III. Operative Petition Components
    A. Credit Counseling Certificate (Form 101, Part 5)
    B. Statement About Social-Security Numbers (Form 121)
    C. Summary of Assets & Liabilities (Form 106Sum)
    D. Schedules A/B–J (Forms 106A/B through 106J-2)
    E. Statement of Financial Affairs (Form 107)
    F. Statement of Intention (Form 108)
    G. Chapter 7 Means Test (Forms 122A-1 & 122A-2)
    H. NY Exemption Schedule Addendum
    I. Local Rule 1007-1 Disclosures
IV. Representations & Warranties
V. Covenants & Continuing Obligations
VI. Default & Remedies (Perjury, Dismissal, § 727 Denial)
VII. Risk Allocation (Discharge & 11 U.S.C. § 362 Automatic Stay)
VIII. Dispute Resolution & Jurisdiction
IX. General Provisions
X. Execution Block (Declarations & Verification)

I. DOCUMENT HEADER

VOLUNTARY PETITION FOR INDIVIDUALS FILING FOR BANKRUPTCY
Official Form 101 | Chapter 7

1. Debtor 1: [Full Legal Name]
2. Debtor 2 (Joint, if any): [Full Legal Name]
3. All Other Names Used in Past 8 Years: [―]
4. Last Four Digits of SSN or ITIN: [____]
5. Address: [Street, City, State NY, ZIP]
6. County of Residence: [____]
7. Mailing Address (if different): [____]
8. Chapter Chosen: ☑ Chapter 7
9. Nature of Debtor: ☑ Individual / Consumer Debts
10. Statistical/Administrative Information:
    a. Estimated Assets: ☐ $0–$50k ☐ $50k–$100k ☐ $100k–$500k ☐ $500k–$1 M ☐ $1 M+
    b. Estimated Liabilities: ☐ $0–$50k ☐ $50k–$100k ☐ $100k–$500k ☐ $500k–$1 M ☐ $1 M+
11. Venue Certification: Debtor has resided in this district for the greater part of 180 days immediately preceding the petition date.
12. Petition Date: [MM/DD/YYYY]
13. Case Number: [To be assigned by Clerk]

[// GUIDANCE: Mirror the layout and section numbering of Official Form 101 exactly when finalizing.]

II. DEFINITIONS

For purposes of this Petition Package:

“Bankruptcy Code” means title 11 of the United States Code.
“Debtor” means the individual (or married couple) seeking relief.
“Petition Date” means the date the Voluntary Petition is filed with the Clerk.
“Trustee” means the Chapter 7 panel trustee appointed under 11 U.S.C. § 701.
“NY Exemptions” means the property exemptions elected under N.Y. C.P.L.R. §§ 5205, 5206 & Debtor & Creditor Law art. 10 or, if opted, the federal scheme under 11 U.S.C. § 522(d).
“341 Meeting” means the meeting of creditors required by 11 U.S.C. § 341(a).

III. OPERATIVE PETITION COMPONENTS

A. CREDIT COUNSELING CERTIFICATE
Attach certificate evidencing completion of an approved course within 180 days pre-petition, or file a motion for exemption as permitted by 11 U.S.C. § 109(h).

B. STATEMENT ABOUT SOCIAL-SECURITY NUMBERS (Official Form 121)
Provide full SSN/ITIN under sealed filing per Fed. R. Bankr. P. 1007(f).

C. SUMMARY OF ASSETS & LIABILITIES (Official Form 106Sum)
Automated totals populated from Schedules A/B through J.

D. SCHEDULES (Official Forms 106A/B–106J-2)
1. Schedule A/B – Property
2. Schedule C – Exempt Property see NY Exemption Schedule Addendum
3. Schedule D – Secured Claims
4. Schedule E/F – Unsecured Priority/Non-Priority Claims
5. Schedule G – Executory Contracts & Unexpired Leases
6. Schedule H – Codebtors
7. Schedule I – Income
8. Schedule J & J-2 – Expenses

E. STATEMENT OF FINANCIAL AFFAIRS (Official Form 107)
Fully disclose prior-year income, transfers, lawsuits, garnishments, etc.

F. STATEMENT OF INTENTION (Official Form 108)
Indicate intent to surrender, redeem, or reaffirm secured personal property. Must be served on creditors within 30 days of Petition Date (11 U.S.C. § 521(a)(2)).

G. CHAPTER 7 MEANS TEST (Official Forms 122A-1 & 122A-2)
Complete Part 1 (Current Monthly Income) and Part 2 (Means Test Calculation).
[// GUIDANCE: For NY median income thresholds, consult latest Census Bureau data.]

H. NY EXEMPTION SCHEDULE ADDENDUM
Select ONE:
☐ Federal Exemptions – 11 U.S.C. § 522(d)
☐ New York Exemptions – N.Y. C.P.L.R. § 5205 (personal), § 5206 (homestead), plus N.Y. Debtor & Creditor Law § 282 (alternative wildcard, etc.).
Provide itemized list and fair-market values.

I. LOCAL RULE 1007-1 DISCLOSURES (SDNY/EDNY)
1. Electronic Filing Declaration (pro se or attorney-filed)
2. Corporate Ownership Statement (if any corporate debtor/affiliate)
3. Debtor’s ECF Registration & Consent to Notice by Email

IV. REPRESENTATIONS & WARRANTIES

1. Accuracy. Debtor represents under penalty of perjury that all information supplied herein and in the attached schedules is true and correct to the best of Debtor’s knowledge, information, and belief.
2. Completeness. Debtor warrants that all assets and liabilities have been disclosed.
3. Eligibility. Debtor certifies eligibility for Chapter 7 relief under 11 U.S.C. §§ 109, 707(b).
4. Prior Filings. Debtor has/have ☐ / ☐ not filed bankruptcy within the past eight years. Provide case numbers if applicable.
5. Credit Counseling. Debtor met the requirements of 11 U.S.C. § 109(h)(1) or qualifies for a statutory exemption.

Survival: These representations survive conversion or dismissal of the case.

V. COVENANTS & CONTINUING OBLIGATIONS

1. Cooperation. Debtor shall cooperate with the Trustee, including furnishing tax returns, pay advices, bank statements, and other 521(a)(3) documents within 14 days post-petition.
2. Amendments. Debtor shall promptly amend schedules to correct errors or report post-petition asset acquisitions.
3. Means Test Updates. If income changes before discharge, Debtor shall file updated Form 122A-1/2.
4. Reaffirmation Agreements. Any reaffirmation must comply with 11 U.S.C. § 524(c) and be filed within 60 days after the first scheduled 341 Meeting.
5. Personal-Financial Management Course. Debtor must complete an approved course under 11 U.S.C. § 727(a)(11) and file Certificate (Official Form 423) within 60 days after the first date set for the 341 Meeting.

VI. DEFAULT & REMEDIES

1. Failure to File Required Documents. Case may be dismissed without further notice per 11 U.S.C. § 521(i) and Local Rule 9070-1.
2. False Oaths or Omissions. Debtor may be denied discharge under 11 U.S.C. § 727(a)(4) and subject to criminal prosecution under 18 U.S.C. § 152.
3. Abuse Determination. If U.S. Trustee moves under 11 U.S.C. § 707(b), case may be dismissed or converted.
4. Sanctions. The Court may impose fines, fees, or other appropriate sanctions for noncompliance with the Bankruptcy Rules or Local Rules.

Attorney Fees: Reasonable attorney fees and costs incurred in responding to any contested matter caused by Debtor’s breach shall be recoverable to the extent allowed by law and approved by the Court.

VII. RISK ALLOCATION

1. Automatic Stay. Upon filing, the stay under 11 U.S.C. § 362 operates to restrain most collection actions. Violations may expose creditors to damages, including actual damages and, in appropriate cases, punitive damages.
2. Discharge Scope & Limits. Upon entry of the discharge order, personal liability on dischargeable debts is eliminated except for nondischargeable categories enumerated in 11 U.S.C. § 523.
3. Secured Claims. Liens generally survive discharge unless avoided by separate motion.
4. Liability Caps. Discharge functions as the ultimate cap on pre-petition personal liability, subject to § 523 exceptions.

VIII. DISPUTE RESOLUTION & JURISDICTION

1. Governing Law. All matters arising under, in, or related to this Chapter 7 case are governed by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the Local Bankruptcy Rules of the relevant New York district.
2. Exclusive Forum. The United States Bankruptcy Court for the [Southern | Eastern | Northern | Western] District of New York retains exclusive jurisdiction over all disputes, matters, and adversary proceedings.
3. Arbitration. Not applicable—bankruptcy causes of action are core proceedings under 28 U.S.C. § 157(b) and are not subject to private arbitration absent Court order.
4. Jury Waiver. To the extent a right to jury trial exists for any non-core matter, Debtor acknowledges that such right is limited and subject to the Bankruptcy Court’s referral and district-court withdrawal procedures.
5. Injunctive Relief. The statutory automatic stay (11 U.S.C. § 362) provides injunctive relief; additional injunctive relief may be sought by motion.

IX. GENERAL PROVISIONS

1. Amendments & Waivers. Any amendment to this Petition Package must be in writing, conform to Official Form requirements, and be filed with the Court; waivers of statutory duties require Court approval.
2. Severability. If any provision herein conflicts with the Bankruptcy Code or Rules, the conflicting portion shall be deemed modified to the minimum extent necessary to comply, and the remainder shall remain in full force.
3. Integration. This Petition Package, together with all attached Official Forms and schedules, constitutes the entire submission required for commencement of the Chapter 7 case.
4. Electronic Signatures. Electronic filing constitutes the Debtor’s signature for all purposes under Fed. R. Bankr. P. 5005(a)(2) and Local Rule 5005-2.
5. Successors. Obligations herein bind Debtor’s bankruptcy estate and any Chapter 7 trustee duly appointed.

X. EXECUTION BLOCK

Declaration of Debtor(s)
“I declare under penalty of perjury that the information provided in this petition and the attached documents is true and correct. I understand that making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to $250,000, or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.”

Signature of Debtor 1 Date: _____

Signature of Debtor 2 Date: _____

Attorney Signature & Certification

[Attorney Name], Esq. (Bar No. __)
Firm: [_]
Address: [__]
Phone: [] Email: [_]
Date: ___

The undersigned certifies that the information provided with this petition is consistent with the documents presented for filing and that the debtor obtained the credit-counseling briefing required by 11 U.S.C. § 109(h).

Notary Acknowledgment (if required for local filing of paper originals)
State of New York )
County of ___ ) ss.:

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared ________, proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to this instrument, and acknowledged executing the same.

Notary Public
My Commission Expires: _____

ATTACHMENT CHECKLIST

☐ Voluntary Petition (Form 101)
☐ Certificate of Credit Counseling
☐ Statement About Social-Security Numbers (Form 121) – filed under seal
☐ Summary of Assets & Liabilities (Form 106Sum)
☐ Schedules A/B–J
☐ Declaration About Schedules (Form 106Dec)
☐ Statement of Financial Affairs (Form 107)
☐ Statement of Intention (Form 108)
☐ Means Test Forms 122A-1 & 122A-2
☐ Chapter 7 Statement of Current Monthly Income (if applicable)
☐ NY Exemption Schedule Addendum
☐ Local Rule 1007-1 Disclosures
☐ Form 423 (Debtor’s Certification of Financial-Management Course) – to be filed post-petition
☐ Proposed Order of Discharge (optional; clerk will generate automatically)

[// GUIDANCE: Save the final packet as a single PDF for ECF upload or file each form separately if required by the district’s CM/ECF preferences. Confirm all dollar thresholds (median income, exemption amounts) against the most recent updates effective on the Petition Date.]

© 2025 Prepared for professional use. Government-issued Official Bankruptcy Forms are in the public domain; this template integrates them with strategic drafting and is not itself subject to copyright.