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Consumer Bankruptcy Law and Practice: Form 1 Pre-Filing Notification to Creditors of Representation

[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,

Consumer Bankruptcy Law and Practice: Form 3 Letter to Client Requesting More Information

[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

Consumer Bankruptcy Law and Practice: Form 7 Debtor’s Motion for Temporary Waiver of Credit Counseling Requirement Based on Exigent Circumstances

[Editor’s Note.6] [Caption: Official Form 416A]

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.

Consumer Bankruptcy Law and Practice: 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)

[Editor’s Note.11] [Caption: Official Form 416A]

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].

Consumer Bankruptcy Law and Practice: Form 12 Motion to Excuse Filing of Lost or Unavailable Payment Advices

[Editor’s Note.12] [Caption: Official Form 416A]

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].

Consumer Bankruptcy Law and Practice: Form 16 Motion to Keep Prior Name Confidential

[Editor’s Note.18] [Caption: Official Form 416A]

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.

Consumer Bankruptcy Law and Practice: 7.1.1 Some General Principles

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.

Consumer Bankruptcy Law and Practice: 7.1.2 Obtaining the Forms

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.

Consumer Bankruptcy Law and Practice: 7.1.3 Computer Programs

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.

Consumer Bankruptcy Law and Practice: 7.1.4 Electronic Filing of Documents

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.

Consumer Bankruptcy Law and Practice: 7.2.3 Timing the Filing of Multiple Cases

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.

Consumer Bankruptcy Law and Practice: 7.3.3 Statement About Your Social Security Numbers (Official Form 121)

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

Consumer Bankruptcy Law and Practice: 7.3.6 Notice of Chapters Under Which Relief Is Available and Other Information

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.

Consumer Bankruptcy Law and Practice: 7.3.7.1 Generally

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.