Fair Debt Collection: Ohio: None.
[Editor’s Note.19]
[Editor’s Note.19]
[Editor’s Note.1]
Re: [debtor]
Dear [name]:
Please be advised that this office represents the above-captioned individual(s) with respect to their alleged debt to [creditor]. We are presently preparing a bankruptcy petition that will shortly be filed.
We are requesting that all further communications concerning this matter be directed to us. If you have any questions concerning the above, please feel free to call me. Thank you for your cooperation in this matter.
Very truly yours,
[Editor’s Note.2]
Re: [debtor]
Dear [name]:
Please be advised that this office represents the above-captioned individual(s) with respect to their alleged debt to [creditor]. We are presently preparing a bankruptcy petition that will shortly be filed.
[Editor’s Note.3]
Re: Bankruptcy No. [number]
Dear [name]:
Thank you for completing your bankruptcy questionnaire and providing most of the information we requested. However, we will need some additional information in order to complete your bankruptcy papers. Please provide information and copies of documents for the items checked below:
Your Household Income and Expenses
[Editor’s Note.4]
Notice to Individual Consumer Debtor Under Section 527(a) of the Bankruptcy Code
In accordance with section 527(a)(2) of the Bankruptcy Code, be advised that:
1. All information you are required to provide with a bankruptcy petition and during a bankruptcy case must be complete, accurate, and truthful.
[Editor’s Note.5]
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER
Debtor’s Motion for Temporary Waiver of Credit Counseling Requirement
Debtor hereby requests that this Court, pursuant to 11 U.S.C. § 109(h)(3), grant a temporary waiver of the requirement under section 109(h)(1) that she receive budget and credit counseling. In support of this motion, the debtor states as follows:
1. On [date], the debtor filed a petition under chapter 13 of the Bankruptcy Code.
Motion for Extension of Time to File Chapter 13 Schedules and Other Documents
The Debtor moves the Court as follows:
1. On [date], the Debtor filed a voluntary petition in bankruptcy that halted the execution sale of his real property.
Motion for Additional Time to File Chapter 13 Schedules, Other Documents and Information Required Under 11 U.S.C. § 521(a)(1)
Debtor, [debtor], by his attorney, respectfully represents:
1. Debtor filed a voluntary petition under chapter 13 of the Bankruptcy Code on [date].
Motion to Excuse Complete Filing of Payment Advices
Debtor, by his counsel, hereby moves that he be excused from filing all of the payment advices received from his employer within sixty (60) days of the petition. In support of this motion, Debtor states:
1. Debtor filed a voluntary petition under chapter 7 of the Bankruptcy Code on [date].
[Editor’s Note.15]
Re: [debtor]
Bankr. No. [number]
Dear [name of United States trustee or bankruptcy administrator]:
Debtor, by her counsel, hereby moves that she be excused, pursuant to 11 U.S.C. § 107(c), from disclosing on her bankruptcy petition a former name used within the past eight years. In support of her motion she avers:
1. Debtor’s former husband, with whom she lived in a different state, was extremely abusive toward her.
Once it has been decided that bankruptcy is appropriate in a particular case, the remaining work in most cases is relatively routine. A good deal of it involves preparation of the necessary papers for the initial filing. This Chapter provides a detailed step-by-step description of how to prepare and file the forms used in a typical bankruptcy case.
There was a time when bankruptcy practitioners, as well as pro se debtors, made use of bankruptcy forms printed by various commercial suppliers. However, there were many inconveniences in using the preprinted forms, especially after the advent of computerized word processing. In recent years, as the Official Forms became available online and the courts have required electronic filing of documents, preprinted forms have virtually disappeared.
It is common for offices that handle significant numbers of bankruptcy cases to use word processing programs, or to purchase special computer programs, that generate bankruptcy forms based on input data. There are a wide range of such programs now on the market and, of course, they vary in cost and quality.
All of the bankruptcy courts have adopted procedures and systems to permit the electronic filing of documents.7 Generally, electronic filing is required of all bankruptcy attorneys.8 It is also possible to access any electronically filed document (and sometimes other documents) online and thereby obtain a copy of the document without a trip to the bankruptcy court or paying for copies.
Normally, a bankruptcy case is started by filing several documents at once. In a chapter 7 case the documents usually required are:
Offices filing several bankruptcies during a short time period may wish to check with the clerk of the bankruptcy court as to how the date of filing affects the dates of later proceedings, such as the section 341 meeting of creditors. Especially when the site of the meeting is located at some distance from the office, it is obviously a more efficient use of resources to have more than one meeting scheduled for a single date. Such scheduling can often be accomplished by filing several bankruptcy cases simultaneously.
The debtor must submit to the clerk, with the petition, a verified statement that sets forth the debtor’s full Social Security number or states that the debtor does not have a Social Security number.69 This statement is not made a part of the official court file, so the debtor’s Social Security number is not available to the general public or online. However, the Social Security number is included in the notice of the section 341(a) creditors meeting that is mailed to creditors.70
Section 521(b) of the Code requires an individual debtor to file a certificate from an approved credit counseling agency stating that the debtor has received the briefing required by section 109(h).75 If that agency developed a debt management plan for the debtor, the debt management plan must be filed as well.
Section 342(b) of the Code requires the clerk of the bankruptcy court to give each consumer debtor a notice describing each chapter under which such individual may proceed, the services of credit counseling agencies, and the possible consequences of bankruptcy fraud prior to the filing of the petition. To meet this requirement, some courts require the debtor to submit a certification that this notice was received.
Each individual debtor who files a bankruptcy case, under any chapter, must submit schedules A through J (Official Form 106). The main purpose of these schedules is to give an exact picture of the debtor’s assets, liabilities, and budget, as of the date of filing, in a uniform manner that facilitates administration of the case. This section describes generally how the schedules are to be completed, but local rules may impose additional requirements, such as a requirement to alphabetize creditors.