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Consumer Bankruptcy Law and Practice: Form 76 Order Disallowing Undocumented Claim

[Caption: Official Form 416D]

Order

AND NOW, this [date] day of [month], [year], upon consideration of the Debtors’ objection and the proceedings thereon it is hereby ORDERED, ADJUDGED AND DECREED:

1. The claim filed by [claimant] is disallowed.

2. [Claimant] and its attorney shall pay to the Debtor’s attorney the sum of $1200.

Consumer Bankruptcy Law and Practice: Form 77 Objection Seeking Reduction of Claim Amount Based on Creditor’s Refusal to Negotiate Repayment Plan

[Caption: Official Form 416A]

Objection Seeking Reduction of Claim Amount Pursuant to Section 502(k)

Debtors, by counsel, object to Proof of Claim Number Six, filed by [claimant] in the amount of $4508, and seek a reduction of the claim amount pursuant to 11 U.S.C. § 502(k). In support of this Motion, the Debtors state:

1. On [date], [claimant] filed a Proof of Claim in the amount of $4508 on an unsecured credit card debt owed by the Debtors.

Consumer Bankruptcy Law and Practice: Form 79 Complaint Objecting to Secured Claims for Failure to Comply with Truth in Lending Act and HUD Mortgage Servicing Requirements

[Editor’s Note.229] [Caption: Official Form 416D]

Complaint

1. This adversary proceeding is brought by the Debtor pursuant to 11 U.S.C. § 502, to object to the allowed secured claim of Defendant [creditor] on the basis that a portion of its claim is unenforceable against the Debtor under applicable law, and to assert counterclaims against Defendant.

Consumer Bankruptcy Law and Practice: Complaint

[Editor’s Note.236] [Caption: Official Form 416D]

Complaint Objecting to Secured Claim

1. On [date], Debtor herein filed a voluntary petition under chapter 13 of the Bankruptcy Code. Therefore, this Court has jurisdiction over this proceeding pursuant to 28 U.S.C. § 1334. This proceeding is a core proceeding. The Debtor consents to the entry of final orders or judgment by the Bankruptcy Court in this matter.

Consumer Bankruptcy Law and Practice: Form 82 Judgment Order Disallowing Secured Claim

[Caption: Official Form 416D]

Order

AND NOW, this [date] day of [month], [year], upon consideration of the Debtor’s complaint and the proceedings thereon it is hereby ORDERED, ADJUDGED AND DECREED:

1. That the security interest claimed by [creditor] in [address of debtor’s home], dated [date], and recorded in the Department of Records of [county] in Mortgage Book No. [number], page [number], is void, and

Consumer Bankruptcy Law and Practice: Form 85 Debtor’s Requests for Admissions Concerning Value of Security

[Editor’s Note.240] [Caption: Official Form 416D]

Debtor’s Requests for Admissions

Debtor [name] requests [auto finance creditor] to admit, pursuant to Federal Rule of Bankruptcy Procedure 7036, for purposes of this action only, the truth of the following statements of fact or of application of law to fact:

1. The Kelley Blue Book is a recognized authority on the value of used vehicles.

Consumer Bankruptcy Law and Practice: Form 117 Petition for Writ of Habeas Corpus

[Editor’s Note.349] [Caption: Official Form 416D]

Petition for Writ of Habeas Corpus

1. Petitioner is the debtor in this chapter 13 bankruptcy case. The Court has jurisdiction over this matter under 28 U.S.C. § 1334. This is a core proceeding. Petitioner consents to the entry of final orders or judgment by the Bankruptcy Court in this matter.

2. Respondent is the superintendent of the [name] County Jail.

Consumer Bankruptcy Law and Practice: Exhibit A

Declaration of [Attorney for Plaintiff/Debtor]

[Attorney for plaintiff/debtor] being duly sworn, deposes and says:

1. The summons in this adversary proceeding was issued on [date].

2. The deadline fixed by the court for serving an answer or motion in response to the summons was [date].

3. The complaint was served on the defendant on [date].

4. An affidavit of service was filed with this court on [date].

Consumer Bankruptcy Law and Practice: Form 119 Order for Default

[Caption: Official Form 416D]

Order

AND NOW, this [date] day of [month], [year], upon finding that Defendant has failed to answer or otherwise defend as to the complaint of the Plaintiffs, and upon this Court’s finding that the allegations of the complaint are sufficient to state a good claim for relief, it is hereby ORDERED, ADJUDGED and DECREED that:

The mortgage lien, held by Defendant [creditor] on Plaintiffs’ residence be, and hereby is, declared void.

Consumer Bankruptcy Law and Practice: Form 120 Request for Default Judgment by Clerk

[Editor’s Note.357] [Caption: Official Form 416D]

Request for Default Judgment by Clerk

To the Clerk of the United States

Bankruptcy Court:

Upon the declaration attached hereto kindly enter judgment by default against [creditor], Defendant in the above-captioned action, for $1000 together with interest and costs of suit.

Date:

[signature]

Attorney for Debtor

Declaration

Consumer Bankruptcy Law and Practice: Form 122 Notice of Removal

[Editor’s Note.360] [Caption: Official Form 416D]

Notice of Removal

The Debtor [debtor], by counsel, hereby gives notice of removal on the following grounds:

1. On [date], an action was filed against the Debtor in the [name] Court of [state]. This action, now pending at docket number [number], is entitled [caption].