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Form 41 Request for Information and Notice of Error Under RESPA to Obtain Mortgage Loan Information and Dispute Account Error

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Form 42 Request for Information under RESPA to Obtain Identity of Mortgage Owner

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Form 43 Motion to Avoid Judicial Lien on Residential Real Estate

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Form 44 Order Avoiding Lien on Residential Real Estate

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Form 45 Motion to Avoid Non-Possessory, Non-Purchase Money Security Interest

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Form 46 Order Avoiding Non-Possessory, Non-Purchase Money Security Interest

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Form 48 Motion for Protective Order Pursuant to Rule 9037 Permitting Redaction and Limiting Remote Electronic Access to Documents Filed with the Court

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Form 49 Complaint to Determine Dischargeability of Student Loan

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Form 50 Complaint Seeking Declaration That Private S oan Is Dischargeable Because Not a Qualified Education Loan

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Form 51 Complaint To Determine Dischargeability of Court Costs Pursuant to 11 U.S.C. § 523(a)(7)

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Form 52 Complaint To Determine Dischargeability of Parking Tickets Pursuant to 11 U.S.C. § 1328(a)(3)

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Form 53 Debtor’s Statement Regarding Pending Proceedings Described in Section 522(q)(1)

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Form 54 Letter to Creditor Concerning Proposed Reaffirmation Agreement

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Form 55 Letter to Client After Discharge

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Form 56 Debtor’s Motion to Dismiss Chapter 7 Case

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Form 57 Debtor’s Motion to Reopen Case

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Form 58 Debtor’s Motion to Reopen Case to Obtain Discharge

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Form 1 Pre-Filing Notification to Creditors of Representation (Bankruptcy Basics)

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Form 2 Notification to Creditor Seeking Information As to Account (Bankruptcy Basics)

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Form 3 Letter to Client Requesting More Information (Bankruptcy Basics)

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Form 4 Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures (Bankruptcy Basics)

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Form 5 Notice Required by 11 U.S.C. § 527(a) (Bankruptcy Basics)

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Form 6 Notice Required by 11 U.S.C. § 527(b)

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Form 7 Debtor’s Motion for Temporary Waiver of Credit Counseling Requirement Based on Exigent Circumstances (Bankruptcy Basics)

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Form 8 Motion for Exemption from Credit Counseling and Financial Education Requirement Based on Incapacity, Disability, or Active Military Duty (Bankruptcy Basics)

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Form 9 Motion and Order for Extension of Time to File Schedules and Other Required Documents (Bankruptcy Basics)

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Form 10 Motion and Order for Extension of Time to File Chapter 13 Schedules and Other Required Documents

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Form 11 Motion and Order for Additional Time to File Chapter 13 Schedules, Other Documents and Information Required Under 11 U.S.C. § 521(a)(1) (Bankruptcy Basics)

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Form 12 Motion to Excuse Filing of Lost or Unavailable Payment Advices (Bankruptcy Basics)

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Form 13 Statement Regarding Payment Advices (Bankruptcy Basics)

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Form 14 Motion to Keep Prior Name Confidential

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Form 15 Application and Order for Waiver of Miscellaneous Fees

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Form 16 Chapter 7 Bankruptcy Information Sheet and Checklist from Attorney to Debtor

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Form 17 Debtor’s Amendment of Schedules

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Form 18 Application and Order for Waiver of Filing Fee to Amend Debtor’s Schedule of Creditors

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Form 19 Letter to Creditors Giving Notice of Stay

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Form 20 Motion for Continuation of Automatic Stay in Case Filed Within One Year After Dismissal of Prior Bankruptcy Case

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Form 21 Motion to Invoke Automatic Stay in Case Filed Within One Year After Dismissal of Two Prior Bankruptcy Cases

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Form 22 Motion for Relief from In Rem Order Entered in Prior Case

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Form 23 Motion to Reimpose Stay After Relief from Stay Has Been Granted

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Form 24 Letter Demanding Turnover of Property

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Form 25 Complaint Seeking Turnover of Property

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Form 26 Plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunction

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Form 27 Proposed Order for Preliminary Relief in Complaint for Turnover of Property

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Form 28 Motion for Enforcement of Turnover Order and to Hold Defendant in Contempt of Court

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Form 29 Letter to Utility Company Giving Notice of Stay and Requirements of 11 U.S.C. § 366

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Form 30 Complaint to Enjoin Termination of Utility Service for Nonpayment of Deposit by Debtor Current on Her Utility Payments

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Jury Instructions, Drakeford v. Capital Benefit, Case No. 3:20-cv-04161-WHO (N.D. Cal. Mar. 25, 2022)

This is a jury instruction in a federal case in the Northern District of California concerning a homeowner's challenge to foreclosure practices, including violations of TILA, RESPA, FDCPA, the California debt collection statute, and breach of fiduciary duty.  The instructions include a number of general items of relevance to most consumer litigation and then instructions related to the homeowner's specific legal claims.  These instructions are mentioned in a decision favoring the homeowner in Drakeford v. Cap. Benefit, Inc., 2022 WL 2643984 (N.D. Cal.

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Complaint for Wrongful Foreclosure (Morford v. Compu-Link Corp.) (with exhibits)

 This is a 2019 complaint filed by Legal Services of Northern California in California Superior Court involving a reverse mortgage.  Soon after the plaintiff’s husband’s death, the plaintiff applied to the creditor to stay in her home through the MOE (mortgage option election) program. However, defendants erroneously denied her application and instead started the foreclosure process. The complaint seeks to stop the imminent foreclosure sale and compel defendants to honor her MOE application and allow her to remain living in her home.

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Complaint in Motter v. Synergetic Communications, Inc. (2023)

This is a 2023 FDCPA complaint that pleads facts to support constitutional Article III standing in federal court. The complaint specifies concrete injury from an invasion of privacy and the time and expense of having his attorney send defendants a letter.  The complaint was drafted by the Illinois firm of Philipps & Philipps and the Missouri firm of the Callahan Law Firm.