To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. §§ 101(41), 109(b). Subject to the Chapter 7 Statement of Your Current Monthly Income, relief is available under chapter 7 irrespective of the amount of the debtor's debts or whether the debtor is solvent or insolvent. An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.
For more information on Chapter 7 click here.
"Guide for Individuals Filing Chapter 7 Bankruptcy", created by Utah Legal Services, is a module designed to help those filing Chapter 7 Individual Bankruptcy understand what forms they need to complete, what exemptions they might have, and where they need to file.
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 7 INDIVIDUAL DEBTOR |
||
| Chapter 7 Filing Fee |
[variable:fee-ch7-new-petition]
|
|
| Filing Fee Option #1 |
Payment in Full Payment Methods: cash, cashiers check, money order, credit/debit card. Personal checks from the debtor are NOT accepted. |
To be paid in full with the filing of the Voluntary Petition. |
| Filing Fee Option #2 |
Pay 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 7 cases, the final installment shall be due and payable no later than 120 days after the date of the petition.
|
An application may be filed in conjunction with the Voluntary Petition to pay the filing fee in installment payments |
| Filing Fee Option #3 |
Request to Waive the Filing Fee |
The application and addendum may be filed in conjunction with the Voluntary Petition seeking a waiver of the filing fee. |
Required Forms |
||
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 counseling course from an approved provider within one hundred 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) | File with the petition or within 2 days thereafter | |
| 106Sum | A Summary of Your Assests 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 Your 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 | Scheudle J-2: Expenses for Separate Household of Detor 2 (individuals) | Filed with the petition or within 14 days thereafter |
| 106Dec | Declaration About an 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 of Social Security Numbers NOTE: The full social security number is required on this document, however, the document is restricted from public viewing through the court's electronic case filing system. |
Filed with the petition or within 14 days thereafter |
| 122A-1 | Filed with the petition or within 14 days thereafter | |
| 122A-1 Supp | Statement of Exemption from Presumption of Abuse Under § 707(b)(2) | Filed with the petition or within 14 days thereafter |
| 122A-2 | Chapter 7 Means Test Calculation | Filed with the petition or within 14 days thereafter |
Items Required to be Delivered to the Chapter 7 Trustee Prior to the First Meeting of Creditors |
||
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 delivered to the trustee within 14 days of filing the petition |
| Bankruptcy Rule 4002(b)(3) | 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 |
Items Required to be Delivered to the Chapter 7 Trustee At the First Meeting of Creditors |
||
| Bankruptcy Rule 4002(b)(1)(A) |
Government-issued photo identification or other personal identifying information that establishes the debtor's identity |
Show to the trustee at the First Meeting of Creditors |
| Bankruptcy Rule 4002(b)(1)(B) | ORIGINAL Social Security Card or other Government or Third-Party issued document evidencing the debtor's social-security number(s), or a written statement that such documentation does not exist. (The debtor's tax return will not be accepted.) | Show to the trustee at the First Meeting of Creditors |
|
Bankruptcy Rule 4002(b)(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 possession. |
Make available or provide copies to the trustee at the First Meeting Creditors |
| Bankruptcy Rule 4002(b)(2)(b) | Statements for each of the debtor's depository and investment accounts including checking, savings, money market accounts, mutual funds, and brokerage accounts or perpaid debit or credit cards 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 possession. | Make available or provide copies to the trustee at the First Meeting Creditors |
Items Required to be Eligible for a Chapter 7 Discharge |
||
Rule / Form |
Item |
Notes |
| 11 U.S.C. § 727(a)(11) |
Instructional Course Concerning Personal Financial Management (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. § 727(a)(11). For a list of approved providers of personal financial management instructional courses (debtor education) per U.S.C. § 111, click here. |
The Instructional Course Concerning Personal Financial Management (Debtor Education) must be taken AFTER filing the petition. |
| 423 | Certification About a Financial Management Course AND corresponding certificate of completion | To be filed no later than 60 days after the first meeting of creditors. |