AGENCY: Parowan (Utah)

SERIES: 3929
TITLE: Bankruptcy files
DATES: 1980-
ARRANGEMENT: Alphabetical by customer name

DESCRIPTION: These are files on utility customers who have filed bankruptcy. They are used in collecting payments for utility bills and for reference purposes. Utilities "may not alter, refuse, or discontinue service, or discriminate against the trustee or the debtor solely on the basis of the commencement" of bankruptcy proceedings, but may if neither trustee nor the debtor "within 20 days after the date of the order for relief, furnishes adequate assurance of payment in the form of a deposit or other security, for service after such date" (11 U._S._C._366 (1989)). The files contain a variety of court orders and forms including statements of affairs, payment schedules and plans, Chapter 13 interim plans, discharges of debtor, conditional order of dismissal of order, orders of automatic dismissal, and related correspondence.

RETENTION

DISPOSITION

RETENTION AND DISPOSITION AUTHORIZATION

Retention and disposition for this series were specifically approved by the State Records Committee.

APPROVED: 06/1990

FORMAT MANAGEMENT

Paper: Retain in Office for 5 years or until final payment or discharge of debt and then destroy.

APPRAISAL

Administrative Legal

This disposition is based on the record's primary value to the agency. These records must also be kept until all payments are made or the debt has been discharged. According to 11_U._S._C._1322(c) (1989), "the plan may not provide for payments over a period that is longer than 3 years, unless the court approves a longer period, but the court may not approve a period that is longer than 5 years."