A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor's current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period "for cause." (1) If the debtor's current monthly income is greater than the applicable state median, the plan generally must be for five years. In no case may a plan provide for payments over a period longer than five years. 11 U.S.C. §1322(d). During this time the law forbids creditors from starting or continuing collection efforts. For more information on Chapter 13 click here.
FILING INSTRUCTIONS: All required forms are to be filed with the United States Bankruptcy Court District of Utah at 350 S. Main St. Suite 301, Salt Lake City, Utah, 84101. The Bankruptcy Court Clerk’s Office staff is prohibited by 28 U.S.C § 955 from providing legal advice and cannot aid in the completion of required forms.
CHAPTER 13 |
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Chapter 13 Filing Fee Option 1 |
$313.00 | The filing is to be paid in full at the time of filing or an applicaton may filed to pay the filing fee in installments. The Application to Pay Filing Fee in Installments must be filed with the petition. If the application is granted, an Order setting the payment dates will be mailed to the debtor(s). Failure to abide by the dates set in the order may be cause for dismissal of the case. |
| Chapter 13 Filing Fee Option 2 |
Payment in Installments Application for Individuals to Pay the Filing Fee in Installments Effective 7/1/2014, for those who file petitions under chapter 7 or 13 seeking authority to pay the filing fee in installments, an initial minimum installment payment of $100 of the total filing fee shall be made with the installment application, or within 14 days thereafter. Unless otherwise ordered by the Court and as a general policy, the second installment payment shall be scheduled for payment within 28 days of the date of the petition. In chapter 13 cases, the final installment shall be due and payable before the first scheduled confirmation hearing.
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An application may be filed in conjunction with the Voluntary Petition to pay the filing fee in installment payments |
Required Forms |
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Official Form # |
Official Form |
Notes |
| Instructions for Individual Debtors | ||
| 101 | Voluntary Petition for Individuals Filing For Bankruptcy | |
| Credit Counseling Certificate
11 U.S.C. § 109(g) "Who May Be a Debtor" requires all individual debtors to take a credit couseling course from an approved provider within one hundered and eighty (180) period ending on the date of filing for bankruptcy. For a list of approved Credit Counseling Agencies pursuant to 11 U.S.C. § 111 click here. |
Filed with the petition or within 14 days thereafter | |
| 2010 | Notice Required by 11 U.S. C. § 342(b) for Individuals Filing For Bankruptcy | Filed with the petition or within 14 days thereafter |
| List of Creditors (Creditor Matrix) | Filed with the petition or within 2 days thereafter | |
| 106Sum | A Summary of Your Assets and Liabilities and Certain Statistical Information (individuals) | Filed with the petition or within 14 days thereafter |
| 106A/B | Schedule A/B: Property (individuals) | Filed with the petition or within 14 days thereafter |
| 106C |
Schedule C: The Property You Claim as Exempt (individuals) For assistance with determining what property may be claimed as exempt, see Utah State Code § 78B-5-501 "Utah Exemptions Act" |
Filed with the petition or within 14 days thereafter |
| 106D | Schedule D: Creditors Who Hold Claims Secured by Property (individuals) | Filed with the petition or within 14 days thereafter |
| 106E/F | Schedule E/F: Creditors Who Have Unsecured Claims (individuals) | Filed with the petition or within 14 days thereafter |
| 106G | Schedule G: Executory Contracts and Unexpired Leases (individuals) | Filed with the petition or within 14 days thereafter |
| 106H | Schedule H: Your Codebtors (individuals) | Filed with the petition or within 14 days thereafter |
| 106I | Schedule I: Your Income (individuals) | Filed with the petition or within 14 days thereafter |
| 106J | Schedule J: Your Expenses (individuals) | Filed with the petition or within 14 days thereafter |
| 106J-2 | Expenses for Separate Household of Debtor 2 (individuals) | |
| 106Dec | Declaration About and Individual Debtor's Schedules | Filed with the petition or within 14 days thereafter |
| 107 | Your Statement of Financial Affairs for Individuals Filing for Bankruptcy (individuals) | Filed with the petition or within 14 days thereafter |
| 121 |
Your Statement About Your Social Security Numbers NOTE: The full social security number is required on this document, howver, the document is restricted from public viewing through the court's electronic case filing system. |
Filed with the petition or within 14 days thereafter |
| 122C-1 |
Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period |
Filed with the petition or within 14 days thereafter |
| 122C-2 | Chapter 13 Calculation of Your Disposable Income | Filed with the petition or within 14 days thereafter |
| B 113 | Chapter 13 Plan | Filed with the petition or within 14 days thereafter |
| Declaration of Filed Tax Returns | To be filed no later than the day before the date set for the First Meeting of Creditors | |
Items Required to be Delivered to the Chapter 13 Trustee Prior to the First Meeting of Creditors |
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Rule |
Item Required |
Notes |
| 11 U.S.C. § 521(a)(1)(iv) | Copies of all payment advices or other evidence of payment received within 60 days before the date of filing the petition | Must be delievered to the trustee within 45 days of filing the petition |
| Local Rule 6070-1(c)(2) | Federal and state income tax returns for the most recent tax year ending immediately before the commencement of the case and for which a Federal or state income tax return was filed | Must be delivered to the trustee not later than 7 days before the date set for the First Meeting of Creditors |
| Local Rule 2083-1(d)(1)(A) | Proof of all charitable contributions | Must be delivered to the trustee at least than 7 days before the date set for the First Meeting of Creditors |
| Local Rule 2083-1(d)(1)(B) | Copy of most recent county property tax assessment for all real property listed on Schedule A | Must be delivered to the trustee at least than 7 days before the date set for the First Meeting of Creditors |
| Local Rule 2083-1(d)(1)(C) | Profit and Loss statement if a debtor had self-employment income for the 60 days prior to filing, including income reported on and IRS Form 1099 | Must be delivered to the trustee at least than 7 days before the date set for the First Meeting of Creditors |
| Local Rule 2083-1(d)(1)(D) | Business questionnaire for each business operated by the debtor 60 days prior to filing on a form supplied by the trustee | Must be delivered to the trustee at least than 7 days before the date set for the First Meeting of Creditors |
Items Required to be Delivered to the Chapter 13 Trustee At the First Meeting of Creditors |
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| Local Rule 2081-1(b) | Proof of Frist Plan Payment | Show to trustee at First Meeting of Creditors |
| Bankruptcy Rule 4002(b)(2)B) Local Rule 2083-1(d)(2)(B) | Statements for each of the debtors' checking, savings, brokerage, and money market accounts and mutual funds for the time period that includes the date of the filing of the petition OR provide a written statement that the documentation does not exist or is not in the debtor's posession. | Make available or provide copies to the trustee at the First Meeting Creditors |
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Bankruptcy Rule 4002(b)(2)(A) and Local Rule 2083-1(d)(2)(A) |
Most recent payment advice (paystub) from employer to verify income OR provide a written statement that the documentation does not exist or is not in the debtor's posession. | Make available or provide copies to the trustee at the First Meeting Creditors |
| Bankruptcy Rule 4002(b)(1(A) | Government-issued photo identification or other personal identifying information that establishes the debtor's identity | Must bring original documentation for verification by trustee |
| Bankruptcy Rule 4002(b)(1)(B) | Evidence of social-security number(s), or a written statement that such documentation does not exist | Must bring original documentation for verfification by trustee |
| Domestic Support Obligation Questionnaire | Provide completed form to the trustee at the First Meeting of Creditors | |
Items Required to be Eligible for a Chapter 13 Discharge |
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Rule / Form |
Item |
Notes |
| 11 U.S.C. § 1328(g)(1) |
Instructional Course Concerning Personal Financial Managment (Debtor Education) In order to be eligible for a bankruptcy discharge, all individual debtors are required to take an instructional course concerning personal financial management per 11 U.S.C. § 1328(g)(1). For a list of approved providers of personal financial management instructional courses (debtor education) per U.S.C. § 111, click here. |
The Instructional Cource Concerning Personal Financial Managment (Debtor Education) must be taken AFTER filing the petition. |
| 423 | Certification About a Financial Management Course AND corresponding certificate of completion | Filed no later than the last payment made by the debtor as required by the plan. |
| Local Form 2083-1 | Verification and Request for Discharge | Must be filed within 60 days afte the trustee files the Notice of Completion of Plan Payments |