CHAPTER 7 BANKRUPTCY PETITION PACKAGE

(District of Utah – United States Bankruptcy Court)

[// GUIDANCE: This template consolidates in one court-ready document the core components of a voluntary Chapter 7 filing for individual debtors in the District of Utah. It tracks Official Bankruptcy Forms 101, 106-series, 107, 108, 122A-series, and incorporates local rule requirements. Replace every bracketed [PLACEHOLDER] with client-specific data and confirm accuracy of all financial disclosures before filing.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Debtor Duties & Deadlines)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (Discharge & Non-Dischargeability)
VIII. Dispute Resolution & Jurisdiction
IX. General Provisions
X. Execution Block & Declarations
Appendix A – Schedule of Exempt Property (Utah-Specific)
Appendix B – Matrix of Required Forms & Local Rule References

I. DOCUMENT HEADER

Voluntary Petition for Individuals Filing for Chapter 7 Bankruptcy
United States Bankruptcy Court – District of Utah
Case No.: [To be assigned by Clerk]
Date Filed: [MM/DD/YYYY]
Debtor 1: [Full Legal Name] — SSN: -*-[Last 4]
Debtor 2 (Joint): [Full Legal Name] — SSN: --[Last 4]
Address: [Street, City, UT ZIP]
County of Residence: [PLACEHOLDER]
Attorney for Debtor(s): [Firm Name, Bar No., Address, Phone, Email]*

Recitals
A. Debtor(s) seek relief under chapter 7 of Title 11, United States Code (the “Bankruptcy Code”).
B. Debtor(s) desire to discharge eligible debts and obtain the protection of the automatic stay under 11 U.S.C. § 362.
C. This Petition is filed in compliance with the Federal Rules of Bankruptcy Procedure (“FRBP”) and the Local Rules of the United States Bankruptcy Court for the District of Utah (“LBR-UT”).

Effective Date: On electronic or wet-ink filing with the Clerk of Court.
Governing Law: Federal Bankruptcy Code; venue lies exclusively in the U.S. Bankruptcy Court for the District of Utah.

II. DEFINITIONS

“341 Meeting” – The meeting of creditors required by 11 U.S.C. § 341(a).
“Automatic Stay” – The injunction arising under 11 U.S.C. § 362 upon filing of this Petition.
“Bankruptcy Court” – The United States Bankruptcy Court for the District of Utah.
“Debtor(s)” – [Debtor 1] and, if applicable, [Debtor 2].
“Estate” – The legal and equitable interests of the Debtor(s) at the commencement of the case per 11 U.S.C. § 541.
“Petition” – This consolidated Chapter 7 filing package.
“Trustee” – The Chapter 7 panel trustee appointed under 11 U.S.C. § 701.

[// GUIDANCE: Insert additional defined terms if unique circumstances (e.g., “Non-Filing Spouse,” “Business Debt”). Ensure consistent capitalization.]

III. OPERATIVE PROVISIONS (DEBTOR DUTIES & DEADLINES)

1. Filing Fee
   1.1 Amount: $338 or such amount set by 28 U.S.C. § 1930(a)(1).
   1.2 Payment: [Paid in full / Application for installment payments Official Form 103A attached / Application for Fee Waiver Official Form 103B attached].

2. Required Forms & Schedules
   2.1 Official Form 101 (this Petition).
   2.2 Summary of Assets & Liabilities (Official Form 106Sum).
   2.3 Schedules A/B–J (Official Form 106 series).
   2.4 Statement of Financial Affairs (Official Form 107).
   2.5 Statement of Intention (Official Form 108).
   2.6 Chapter 7 Statement of Current Monthly Income (Official Form 122A-1) and, if required, Means Test Calculation (Official Form 122A-2).
   2.7 Creditor Mailing Matrix pursuant to LBR-UT 1007-1.

3. Deadlines
   3.1 Documents due at filing: §§ 521(a)(1)(B), FRBP 1007(b).
   3.2 Credit Counseling: Completion within 180 days pre-petition; certificate attached.
   3.3 341 Meeting: Held between 21 and 40 days post-petition (FRBP 2003).
   3.4 Financial Management Course: Certificate filed within 60 days after 341 Meeting (11 U.S.C. § 727(a)(11)).

4. Performance Standards
   4.1 Full, accurate, and timely disclosure of all assets, liabilities, income, and expenses.
   4.2 Cooperation with Trustee, including turnover of documents under § 521(a)(3).
   4.3 Compliance with Local Trustee Document Production Guidelines (LBR-UT 4002-1).

5. Conditions Precedent
   5.1 Completion of credit counseling.
   5.2 Execution of all declarations under penalty of perjury.

6. Conditions Subsequent
   6.1 Filing of any omitted documents within 14 days of petition date (FRBP 1007(c)).
   6.2 Amendment of schedules as circumstances change pre-discharge.

IV. REPRESENTATIONS & WARRANTIES

4.1 Eligibility. Debtor(s) warrant they have not received a Chapter 7 discharge within 8 years preceding the Petition date (11 U.S.C. § 727(a)(8)).

4.2 Means Test. Debtor(s) represent that current monthly income is below the applicable median for Utah [or, if above median, that a presumption of abuse does not arise per Form 122A-2].

4.3 Accuracy. Debtor(s) certify that all information contained in this Petition and accompanying schedules is true and correct to the best of their knowledge, information, and belief, subject to the penalties of perjury under 28 U.S.C. § 1746.

4.4 Prior Cases. Debtor(s) disclose all bankruptcy cases filed within 8 years preceding this Petition in Part 2 of Official Form 101.

Survival. The representations and warranties herein survive the granting of discharge and may be relied upon by the Trustee, the U.S. Trustee, and the Bankruptcy Court in any motion to revoke discharge under 11 U.S.C. § 727(d).

V. COVENANTS & RESTRICTIONS

5.1 Cooperation. Debtor(s) shall:
a. Provide tax returns, pay stubs, and bank statements to the Trustee at least 7 days before the 341 Meeting (LBR-UT 4002-1).
b. Surrender to the secured creditor or reaffirm/redeem personal property per the Statement of Intention within 30 days of the first date set for the 341 Meeting (§ 521(a)(2)).

5.2 Post-Petition Debt. Debtor(s) shall not incur post-petition consumer debt in excess of $[LIMIT] without Court approval.

5.3 Notice Obligations. Debtor(s) must immediately inform the Court and Trustee in writing of any change of address or employment (FRBP 4002(a)(5)).

5.4 Preservation of Estate. Debtor(s) shall not dispose of property of the Estate without Court authorization (§ 363).

VI. DEFAULT & REMEDIES

6.1 Events of Default
a. Failure to attend the 341 Meeting.
b. Non-cooperation with Trustee under § 521(a)(3)–(4).
c. Material misrepresentation or concealment of assets.
d. Failure to complete financial management course.

6.2 Notice & Cure
a. Trustee shall provide written notice of default with a 14-day opportunity to cure where permitted by law.
b. Immediate remedies may be sought for willful misconduct or fraud.

6.3 Remedies
a. Motion to Dismiss under § 707(a) or (b).
b. Objection to Discharge under § 727.
c. Civil and criminal sanctions, including fines and imprisonment for bankruptcy fraud (18 U.S.C. § 152).
d. Recovery of Trustee’s reasonable attorney fees and costs.

VII. RISK ALLOCATION (DISCHARGE & NON-DISCHARGEABILITY)

7.1 Scope of Discharge. Upon entry of discharge order, Debtor(s) shall be released from personal liability for all dischargeable debts pursuant to 11 U.S.C. § 727(b).

7.2 Non-Dischargeable Debts. Obligations listed in 11 U.S.C. § 523 (e.g., certain taxes, domestic support obligations, student loans, willful and malicious injury claims) survive discharge.

7.3 Limitations of Liability. Except for non-dischargeable debts, the Estate’s liability shall be capped at the value of available non-exempt assets.

7.4 Automatic Stay. The filing of this Petition operates as an injunction under § 362 against creditor collection activity; violations may subject creditors to damages and attorney fees.

[// GUIDANCE: Insert any case-specific carve-outs here (e.g., pending state-court litigation stay disputes).]

VIII. DISPUTE RESOLUTION & JURISDICTION

8.1 Governing Law. This case and all related proceedings are governed by Title 11, United States Code, the Federal Rules of Bankruptcy Procedure, and the Local Rules for the District of Utah.

8.2 Exclusive Forum. All matters arising under, in, or related to this Chapter 7 case shall be heard exclusively in the United States Bankruptcy Court for the District of Utah.

8.3 Arbitration. Inapplicable; bankruptcy jurisdiction is non-arbitrable absent specific Court order.

8.4 Jury Waiver. To the extent a jury trial right exists in any adversary proceeding, the Debtor(s) hereby knowingly waive such right, subject to Court approval under 28 U.S.C. § 157(e).

8.5 Injunctive Relief. The Automatic Stay and any subsequently issued injunctions shall remain in full force and effect unless modified by Court order.

IX. GENERAL PROVISIONS

9.1 Amendments. Schedules and statements may be amended by filing Official Form 106 or 107 Amended pages with the Clerk and serving parties in interest per FRBP 1009(a).

9.2 Severability. If any provision herein conflicts with the Bankruptcy Code or applicable rules, such provision shall be severed and the remainder enforced to the fullest extent permissible.

9.3 Integration. This Petition, together with all completed Official Forms and appendices, constitutes the entire filing package.

9.4 Electronic Signatures. Signatures captured via approved electronic bankruptcy filing software comply with FRBP 5005 and LBR-UT 5005-2.

9.5 Successors. Obligations and rights herein bind the Debtor(s)’ bankruptcy Estate and shall inure to the benefit of the Trustee and duly appointed successor trustees.

X. EXECUTION BLOCK & DECLARATIONS

I/We declare under penalty of perjury that the information provided in this Petition and in the accompanying schedules and statements is true and correct.

Date: [MM/DD/YYYY]

Debtor 1: _______
Name: [Typed Name]

Debtor 2 (Joint): _______
Name: [Typed Name]

/s/ Attorney for Debtor(s)
Name: [Attorney Name]
Bar No.: [Utah Bar No.]
Date: [MM/DD/YYYY]

Notary acknowledgement is generally not required for bankruptcy petitions; however, if local practice dictates, insert notarization block here.

APPENDIX A – SCHEDULE OF EXEMPT PROPERTY (UTAH-SPECIFIC)

[// GUIDANCE: Utah opts out of federal exemptions. Cite only provisions you confirm.]

1. Homestead – Up to $43,300 equity in primary residence per Utah Code Ann. § 78B-5-503(2).
2. Motor Vehicle – Up to $3,000 equity per vehicle (§ 78B-5-505(1)(a)(ii)).
3. Tools of Trade – Up to $5,000 aggregate (§ 78B-5-506).
4. Household Goods – Up to $1,000 per item / $5,000 aggregate (§ 78B-5-505(1)(a)(i)).
5. Retirement Accounts – Qualifying tax-exempt plans (§ 78B-5-505(1)(a)(x)).
6. Public Benefits – 100% of unemployment, disability, and public assistance payments (§ 78B-5-505(1)(a)(iv)).

[// GUIDANCE: Verify current exemption amounts annually; replace the dollar figures above with the latest indexed values before filing.]

APPENDIX B – MATRIX OF REQUIRED FORMS & LOCAL RULE REFERENCES

[// GUIDANCE: Use this matrix as a final pre-filing checklist. The CM/ECF system will reject incomplete filings or assess deficiency deadlines.]

[// GUIDANCE: Upon completing all placeholders, run a thorough review for internal consistency (asset values, exemption amounts, totals). Confirm that the Petition package, credit counseling certificate, and means test calculations are all contemporaneously dated. File electronically via CM/ECF, obtain the Notice of Bankruptcy Case, and calendar the 341 Meeting and associated deadlines.]