UNITED STATES BANKRUPTCY COURT

DISTRICT OF VERMONT

CHAPTER 7 BANKRUPTCY PETITION PACKAGE

(Comprehensive Template & Drafting Guide)

[// GUIDANCE: This template is intentionally over-inclusive. Practitioners should remove any section, placeholder, or guidance note that is not required for the facts of the particular case. Vermont’s local forms, rules, and exemption statutes change periodically—ALWAYS confirm the current versions before filing.]

TABLE OF CONTENTS

1. Section I Document Header
2. Section II Definitions
3. Section III Operative Provisions (Voluntary Petition – Official Form 101/201)
4. Section IV Representations & Warranties
5. Section V Covenants & Continuing Duties
6. Section VI Default & Remedies (Statutory Consequences)
7. Section VII Risk Allocation (Automatic Stay & Discharge)
8. Section VIII Dispute Resolution, Governing Law & Forum
9. Section IX General Provisions
10. Section X Execution Block
11. Annex A Schedule Cover Sheets & Global Placeholders
12. Annex B Vermont-Specific Exemption Checklist (Schedule C)
13. Annex C Local Rule & Trustee Compliance Checklist

SECTION I DOCUMENT HEADER

1. Case Caption
   • “In re: [DEBTOR NAME(S)], Debtor(s)”
   • Chapter 7
   • Case No.: [To be assigned by Clerk]

2. Title
   • “Voluntary Petition for Relief Under Chapter 7 of the Bankruptcy Code”

3. Recitals
   WHEREAS, Debtor desires to commence a case under chapter 7 of title 11 of the United States Code (11 U.S.C. § 101 et seq., the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Vermont (the “Court”); and
   WHEREAS, Debtor has completed all pre-petition requirements, including credit counseling under 11 U.S.C. § 109(h).

4. Effective Date & Jurisdiction
   • Effective Date: the date the Petition is electronically filed with the Court (the “Petition Date”).
   • Governing Law: federal Bankruptcy Code, Federal Rules of Bankruptcy Procedure (“FRBP”), and the Local Rules of the U.S. Bankruptcy Court for the District of Vermont (“VT LBR”).

SECTION II DEFINITIONS

For purposes of this Petition Package:

“Automatic Stay” means the injunction imposed by 11 U.S.C. § 362 upon the Petition Date.

“Bankruptcy Case” means the above-captioned chapter 7 case.

“Credit Counseling Certificate” means the certificate required by 11 U.S.C. § 521(b).

“Debtor” means [DEBTOR NAME], and, if applicable, “Joint Debtor” means [JOINT DEBTOR NAME].

“Local Rules” means the VT LBR as in effect on the Petition Date.

“Petition” means the Voluntary Petition (Official Form 101 for individuals or Official Form 201 for non-individuals) together with all Schedules, Statements, and local forms required in the Bankruptcy Case.

“Schedules” means the completed Official Forms 106A/B through 106J (individuals) or 206A/B through 206H (non-individuals), including Schedule C (Exemptions) and Summary of Assets & Liabilities.

“Trustee” means the chapter 7 panel trustee appointed under 11 U.S.C. § 701.

SECTION III OPERATIVE PROVISIONS

(Voluntary Petition Core Fields – Official Form 101/201)

[// GUIDANCE: Copy-paste the current Official Form 101 (individuals) or Form 201 (non-individuals) into this section. The numbered paragraphs below track the most frequently edited fields and include Vermont-specific prompts.]

1. Debtor Information
   • Full Legal Name: [_]
   • All other names used in the last 8 years: [_]
   • Residential/Principal Address: [_]
   • Mailing Address (if different): [_]
   • County of Residence: [____]

2. Venue Statement
   Check the applicable box—Debtor has had (i) domicile, (ii) residence, (iii) principal place of business, or (iv) principal assets in this District for 180 days immediately preceding the Petition Date.

3. Chapter Selection
   ☑ Chapter 7 (Liquidation)

4. Nature of Debtor
   • ☐ Individual (Official Form 101)
   • ☐ Corporation/LLC/LLP (Official Form 201)

5. Statistical/Administrative Information
   • Estimated Number of Creditors: [_]
   • Estimated Assets: [_]
   • Estimated Liabilities: [____]

6. Election of Exemptions (11 U.S.C. § 522)
   Vermont has opted out of the federal exemptions.
   ☑ Debtor elects the Vermont state law exemptions.
   ☐ If Debtor qualifies and chooses federal exemptions (rare—consult counsel).

7. Credit Counseling Certification
   • Date course completed: [MM/DD/YYYY] (must be within 180 days pre-petition)
   • Provider: [____]

8. Signature & Certification
   • Debtor(s) certify under penalty of perjury that the information provided is true and correct.
   • Attorney certifies the Petition was prepared after examination of the Debtor and is complete to the best of counsel’s knowledge.

SECTION IV REPRESENTATIONS & WARRANTIES

1. Authority & Eligibility
   • Debtor is eligible for chapter 7 relief under 11 U.S.C. § 109.
   • If a business debtor, the filing has been duly authorized under applicable corporate governance documents.

2. Completeness of Information
   • Debtor represents that the Schedules, SOFA, and all attachments are true, correct, and complete as of the Petition Date.

3. Prior Bankruptcy Cases & Dismissals
   • Debtor has not had a bankruptcy case dismissed within the past 180 days for willful failure to appear or comply with court orders, nor voluntarily dismissed after a motion for relief from stay (11 U.S.C. § 362(d)). If not true, provide details in Form 101/201 Item 9.

4. Payment Advices
   • Debtor has attached copies of all payment advices (pay stubs) received within 60 days pre-petition or has filed a statement that no such documents exist.

[// GUIDANCE: Attach “Declaration About an Individual Debtor’s Schedules” (Official Form 106Dec) or corporate equivalent to reaffirm these warranties.]

SECTION V COVENANTS & CONTINUING DUTIES

1. Cooperation with Trustee
   Debtor shall cooperate with the Trustee, including producing records, appearing for examination under FRBP 2004, and surrendering non-exempt property.

2. 11 U.S.C. § 521 Obligations
   • File all required schedules, statements, and amendments.
   • Provide the Trustee with tax returns, bank statements, and identification.

3. Attendance at § 341 Meeting
   Debtor covenants to appear at the first meeting of creditors and any continued date.

4. Domestic Support Obligations
   Debtor shall remain current on all post-petition domestic support obligations and provide notice of any address change to the obligee.

5. Amendment Duty
   Debtor shall promptly amend Schedules to reflect any material change in financial condition before discharge.

SECTION VI DEFAULT & REMEDIES (Statutory Consequences)

1. Failure to Comply with § 521
   • Consequence: automatic dismissal of the case or denial of discharge under 11 U.S.C. §§ 521(i), 727(a)(3)-(4).

2. Abuse Finding
   • If the U.S. Trustee or any party in interest successfully moves under 11 U.S.C. § 707(b), the Court may dismiss or convert the case for abuse.

3. Denial or Revocation of Discharge
   • Grounds include fraud, concealment, or failure to obey court orders (11 U.S.C. § 727).

SECTION VII RISK ALLOCATION

1. Automatic Stay
   • Immediately upon filing, the Stay of 11 U.S.C. § 362 enjoins most collection actions.

2. Discharge
   • Upon entry of the discharge order, personal liability for pre-petition debts is eliminated subject to statutory exceptions (11 U.S.C. § 523).

3. No Indemnification / Liability Caps
   • Not applicable; risk allocation is governed by the Bankruptcy Code’s discharge provisions.

SECTION VIII DISPUTE RESOLUTION, GOVERNING LAW & FORUM

1. Governing Law
   • Federal Bankruptcy Code and FRBP.

2. Forum Selection
   • Exclusive jurisdiction: United States Bankruptcy Court for the District of Vermont.

3. Arbitration
   • Not available—core proceedings under 28 U.S.C. § 157 are non-arbitrable absent court order.

4. Jury Trial
   • Limited; the Court will determine entitlement to any jury trial pursuant to 28 U.S.C. § 1411 and Fed. R. Bankr. P. 9015.

5. Injunctive Relief
   • Automatic Stay operates as statutory injunctive relief.

SECTION IX GENERAL PROVISIONS

1. Amendments & Supplements
   • Any amendment to the Petition or Schedules must comply with FRBP 1009 and Local Rule requirements.

2. Electronic Filing & Signatures
   • Electronic signature format “/s/ Name” is deemed original for all purposes under VT LBR 5005-1.

3. Severability
   • If any provision of this Petition Package is unenforceable, the remainder shall continue in full force, subject to Bankruptcy Code requirements.

4. Integrated Document
   • This Petition, together with all Official Forms and Local Forms incorporated herein, constitutes the complete filing package required for chapter 7 relief in this District.

SECTION X EXECUTION BLOCK

Debtor Signature: _____ Date: _/_/20_
Joint Debtor Signature (if any): ___ Date: /____/20

Attorney for Debtor
Name: ______
Firm: ______
Address: ______
Phone: ______
Bar No.: _
Signature: /s/ ____ Date: /____/20__

Notary (if required for specific Local Form):
State of Vermont, County of _ )
On this day of _, 20_, before me, the undersigned notary, personally appeared the above-named Debtor(s), known to me or proved through satisfactory evidence, and acknowledged signing the foregoing instrument.
Notary Public: ___ My Comm. Expires: ____

ANNEX A SCHEDULE COVER SHEETS & GLOBAL PLACEHOLDERS

[// GUIDANCE: Insert the current version of each Official Form after this cover sheet.]

1. Summary of Your Assets & Liabilities (Form 106Sum or 206Sum)
2. Schedule A/B Property
3. Schedule C The Property You Claim as Exempt
4. Schedule D Secured Claims
5. Schedule E/F Unsecured and Priority Claims
6. Schedule G Executory Contracts & Unexpired Leases
7. Schedule H Codebtors
8. Schedule I Income
9. Schedule J Expenses
10. Statement of Financial Affairs (Form 107 or 207)
11. Chapter 7 Statement of Your Current Monthly Income & Means Test Calculation (Forms 122A-1 & 122A-2)
12. Declaration About an Individual Debtor’s Schedules (Form 106Dec)
13. Verification of Creditor Matrix (VT LBR 1007-1(b) form)
14. Disclosure of Compensation of Attorney for Debtor (Form 2030)
15. Certificate of Credit Counseling
16. Local VT Form(s) (e.g., “Local Form VTLF [###]”)

ANNEX B VERMONT-SPECIFIC EXEMPTION CHECKLIST (SCHEDULE C)

[// GUIDANCE: Vermont has opted out of the federal exemptions under 11 U.S.C. § 522(b)(1). The list below captures the most commonly claimed state exemptions; ALWAYS verify current statutory amounts.]

1. Homestead – up to $125,000 in equity in principal residence.
2. Motor Vehicle – equity up to $2,500 (per debtor).
3. Tools of the Trade – up to $5,000.
4. Household Furnishings – up to $2,500 aggregate.
5. Wearing Apparel & Jewelry – reasonable value, generally interpreted not to exceed $500 per item.
6. Public Benefits – 100% of unemployment, workers’ comp, and public assistance.
7. Wages – 75% of earned but unpaid wages.
8. Wildcard – NONE under Vermont law (plan your exemptions accordingly).

[// GUIDANCE: Statutory citations intentionally omitted per Citation Policy—confirm exact section numbers (e.g., 12 V.S.A. § 2740, 27 V.S.A. § 101) before filing.]

ANNEX C LOCAL RULE & TRUSTEE COMPLIANCE CHECKLIST

1. VT LBR 1007-1 – Filing requirements & deadlines.
2. Trustee Document Production – Tax returns, six months of bank statements, vehicle titles, recorded deeds/mortgages.
3. Domestic Support Obligation Notice – Provide trustee with recipient contact information within 14 days.
4. Redaction Compliance – Review Fed. R. Bankr. P. 9037 before filing any document.
5. Filing Fee – $338.00 for Chapter 7 (as of 2025). Apply for installment payments or fee waiver if applicable (Forms 103A/B).

END OF TEMPLATE

[// GUIDANCE: Save this document as a word-processor file for internal drafting, then export required sections to PDF for electronic filing through the Court’s CM/ECF system. Verify that all mandatory local forms are attached and that every form displays the correct revision date.]