District of Utah – Chapter 13 Voluntary Petition & Plan
(Integrated Master Template – Court-Ready Draft)
[// GUIDANCE: This template is intentionally drafted in a single integrated document so counsel may (i) capture all debtor attestations necessary to initiate the case, (ii) comply with District of Utah Local Bankruptcy Rules (“UT LBR”) 1017, 2002, 2083-1 through 2083-3, and (iii) merge seamlessly with Official Forms 101 & 113 at the time of filing. Practitioners should attach the completed Official Forms to this instrument or, in the alternative, import the operative provisions of this Plan into Official Form 113 as permitted by UT LBR 2083-1(b).]
TABLE OF CONTENTS
- DOCUMENT HEADER
- DEFINITIONS
- OPERATIVE PROVISIONS (PLAN TERMS)
- REPRESENTATIONS & CERTIFICATIONS
- COVENANTS & AFFIRMATIVE DUTIES
- DEFAULT & REMEDIES
- RISK ALLOCATION
- DISPUTE RESOLUTION
- GENERAL PROVISIONS
- EXECUTION BLOCK
1. DOCUMENT HEADER
1.1 Title.
VOLUNTARY PETITION FOR INDIVIDUALS FILING FOR BANKRUPTCY (CHAPTER 13) AND PROPOSED CHAPTER 13 PLAN
1.2 Parties.
Debtor 1: [DEBTOR FULL LEGAL NAME]
Debtor 2 (if joint case): [CO-DEBTOR FULL LEGAL NAME]
Counsel: [LAW FIRM NAME], [UT BAR NO.]
Chapter 13 Trustee: Office of the Chapter 13 Trustee – [CURRENT TRUSTEE NAME]
1.3 Effective Date.
This Petition and Plan (the “Plan”) become effective on the later of (a) the date filed with the U.S. Bankruptcy Court for the District of Utah (the “Court”) or (b) the date such filing is deemed accepted by the Clerk of Court under Fed. R. Bankr. P. 5005.
1.4 Jurisdiction & Venue.
Jurisdiction is proper pursuant to 28 U.S.C. §§ 1334(a) & 157. Venue lies in this district under 28 U.S.C. § 1408(1). All proceedings are core matters within 28 U.S.C. § 157(b).
1.5 Statutory Framework.
This Petition and Plan are governed by Title 11 of the United States Code (the “Bankruptcy Code”), including but not limited to 11 U.S.C. §§ 1301-1330, the Federal Rules of Bankruptcy Procedure (“FRBP”), and UT LBR.
2. DEFINITIONS
[// GUIDANCE: Definitions track Official Form 113 where possible to ease later data-entry.]
“Administrative Claim” – A claim entitled to priority under 11 U.S.C. § 503(b).
“Allowed Claim” – A claim (secured, priority, or unsecured) either (a) scheduled by Debtor without designation as contingent, unliquidated, or disputed, or (b) timely filed and not objected to, or (c) allowed by final Court order.
“Automatic Stay” – The injunction imposed pursuant to 11 U.S.C. § 362.
“Base Plan Amount” – The aggregated payments Debtor must remit to the Trustee under § 3.2.
“Confirmation Order” – A Court order confirming this Plan pursuant to 11 U.S.C. § 1325 and UT LBR 2083-1.
“Disposable Income” – Current monthly income minus amounts reasonably necessary for maintenance or support as defined in 11 U.S.C. § 1325(b)(2).
“Plan Term” – The period commencing on the Effective Date and ending upon the earlier of (a) completion of all payments required under § 3.2, or (b) entry of an order converting or dismissing the case.
“Secured Creditor” – A creditor holding an Allowed Claim secured by a lien on property of the estate as defined in 11 U.S.C. § 101(51).
“Trustee” – The standing Chapter 13 trustee appointed for this division, including any successor.
3. OPERATIVE PROVISIONS (PLAN TERMS)
3.1 Classification & Treatment of Claims
(a) Administrative Expenses – 100% payment:
i. Trustee’s statutory fees under 28 U.S.C. § 586.
ii. Attorney’s fees: [ATTORNEY FEE AMOUNT] (subject to UT LBR 2016-1).
(b) Priority Claims (11 U.S.C. § 507) – 100% payment unless otherwise agreed to in writing by the claimant and Debtor.
(c) Secured Claims – Treated in accordance with 11 U.S.C. §§ 1322(b)(2) & 1325(a)(5):
• Real Property (Principal Residence): [CREDITOR NAME] – ongoing mortgage payments paid ✔︎ direct / ☐ through Trustee; arrears of $[ARREAR AMOUNT] cured at [INTEREST %] % interest.
• Motor Vehicle: [CREDITOR NAME] – cram-down to value $[VALUE], interest [INTEREST %] %, adequate protection payments $[AP AMT]/mo.
(d) General Unsecured Claims – Pro rata distribution of not less than [PERCENTAGE] % of Allowed Claims or the “best-interest-of-creditors” amount calculated under 11 U.S.C. § 1325(a)(4), whichever is greater.
3.2 Payments to Trustee
Debtor shall pay $[PAYMENT AMT] per ✔︎ month / ☐ bi-weekly via ✔︎ ACH / ☐ wage-deduction order (see UT LBR 2083-2) for a term of [TERM] months, yielding a Base Plan Amount of $[BASE AMT].
[// GUIDANCE: Insert step increases if anticipated disposable income rises (e.g., when a vehicle loan pays off).]
3.3 Vesting & Property of the Estate
Property of the estate shall revest in Debtor upon entry of the discharge (11 U.S.C. § 1327(b)), except as otherwise provided in § 3.3(b) for collateral subject to lien retention.
3.4 Modification of Plan
Debtor may propose a post-confirmation modification under 11 U.S.C. § 1329 by motion, notice, and opportunity for hearing consistent with UT LBR 2083-1(i).
4. REPRESENTATIONS & CERTIFICATIONS
4.1 Debtor attests under penalty of perjury that:
a. All assets and liabilities have been fully disclosed in Schedules A/B-J.
b. Prior bankruptcy cases within 8 years: [CASE NUMBERS OR “N/A”].
c. Credit counseling was completed on [DATE] as required by 11 U.S.C. § 109(h).
d. No party is withholding wages except as listed in Schedule E/F.
4.2 Survival. These representations survive dismissal, conversion, or discharge to the extent permitted by law.
5. COVENANTS & AFFIRMATIVE DUTIES
5.1 Timely Payments. Debtor shall commence Trustee payments not later than 30 days after the Petition date (11 U.S.C. § 1326(a)(1)).
5.2 Tax Returns & Refunds. Debtor shall (a) supply to the Trustee copies of all tax returns due during the Plan Term within 14 days of filing, and (b) remit state and federal refunds in excess of $2,000 per single filing or $4,000 joint (unless otherwise ordered).
5.3 Insurance. Debtor shall keep all estate property insured against casualty loss equal to the value of any secured creditor’s interest and furnish proof upon request.
5.4 Post-Petition Domestic Support Obligations. Debtor shall remain current on all obligations described in 11 U.S.C. § 101(14A) and provide annual certification per § 1325(a)(8).
6. DEFAULT & REMEDIES
6.1 Events of Default.
a. Failure to tender any payment to the Trustee within 30 days of its due date.
b. Failure to cure post-petition mortgage or car payments within the grace period negotiated in § 3.1(c).
c. Failure to provide required documentation under § 5 within 14 days of written request.
6.2 Cure Period. Upon written notice of default by the Trustee or affected creditor, Debtor has 21 days to cure.
6.3 Remedies. If uncured, the Trustee or creditor may file a motion to dismiss or to lift the Automatic Stay. Relief shall be granted upon 10 days’ negative notice absent timely opposition (UT LBR 4001-1).
6.4 Attorney Fees on Enforcement. Reasonable fees and costs incurred in enforcing the Plan shall constitute Administrative Claims.
7. RISK ALLOCATION
7.1 Liability Limitation. Creditors’ recovery is capped at distributions available under the confirmed Plan; no personal liability survives discharge except as provided in 11 U.S.C. § 523.
7.2 Force Majeure. If Debtor experiences a material, involuntary reduction in income for 90 consecutive days due to disability, natural disaster, or pandemic-related shutdown, Debtor may move for suspension of payments or Plan modification.
7.3 No Indemnification. Indemnity obligations are inapplicable; all estate funds are administered by the Trustee pursuant to 11 U.S.C. § 347.
8. DISPUTE RESOLUTION
8.1 Governing Law. The Bankruptcy Code, FRBP, and UT LBR govern all disputes.
8.2 Forum. Exclusive jurisdiction is vested in the U.S. Bankruptcy Court for the District of Utah.
8.3 Arbitration. Not available.
8.4 Jury. To the extent a jury trial right exists, Debtor knowingly and voluntarily waives such right for any matter adjudicated within the bankruptcy court system, subject to the limited availability referenced in 28 U.S.C. § 157(e).
8.5 Injunctive Relief. Parties acknowledge the operation of the Automatic Stay under 11 U.S.C. § 362 and agree that violation constitutes irreparable harm warranting injunctive relief or contempt sanctions.
9. GENERAL PROVISIONS
9.1 Amendments. This Plan may be amended only by Court order following notice and hearing under FRBP 2002(a)(5).
9.2 Assignment. Debtor may not assign rights or obligations hereunder without Court approval.
9.3 Successors. This Plan binds and benefits the Debtor’s estate, heirs, and assigns, and all creditors with Allowed Claims.
9.4 Severability. If any provision is unenforceable, the remainder shall remain in effect to the fullest extent permitted.
9.5 Integration. This document, together with the filed Official Forms and schedules, constitutes the entire agreement among the parties regarding the treatment of claims and supersedes all prior proposals.
9.6 Counterparts & Electronic Signatures. Signatures may be executed in counterparts and by electronic means compliant with UT LBR 5005-2 and the Court’s CM/ECF procedures; all counterparts together constitute one instrument.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Debtor executes this Voluntary Petition and Chapter 13 Plan under penalty of perjury pursuant to 28 U.S.C. § 1746.
| Debtor 1 Signature | Date |
|---|---|
| _________ | [DATE] |
| PRINT NAME: [DEBTOR NAME] |
| Debtor 2 Signature (if any) | Date |
|---|---|
| _________ | [DATE] |
| PRINT NAME: [CO-DEBTOR NAME] |
Counsel for Debtor:
[ATTORNEY NAME], Esq. (UT Bar No. _____)
Date: [DATE]
[// GUIDANCE: Attach the following where applicable:
• Form 121 – Statement About Social Security Numbers
• Form 122C-1 & 122C-2 – Chapter 13 Means Test
• Verified Creditor Mailing Matrix
• Declaration Concerning Debtor’s Schedules
• Local Form Wage-Deduction Order (if selected)
• Certificate of Credit Counseling]
Notary Acknowledgment (if required for local filing of wage orders or deeds of trust)
[Seal/Stamp]
Trustee Acceptance (optional, not required for filing)
The undersigned Chapter 13 Trustee hereby acknowledges receipt of this Plan for administrative processing.
[TRUSTEE NAME]
Date: _______
[// GUIDANCE: Practitioners must review UT LBR 2083-1(j) for the mandatory “Liquidation Analysis” and “Feasibility Analysis.” Insert those analyses immediately following § 3.4 if required by the assigned judge. Confirm current local-rule citations at time of filing.]