Consumer Bankruptcy Law and Practice: Motion
Motion for Order Directing [name] Mortgage Company to Appear for Examination and Produce Documents
Motion for Order Directing [name] Mortgage Company to Appear for Examination and Produce Documents
Order Directing [name] Mortgage Company to Appear for Examination and Produce Documents
AND NOW, this [date] day of [month], [year], upon the Debtor’s motion to conduct an examination of [name] Mortgage Company,
Complaint
Preliminary Statement
1. This action is brought by the Debtor, [name], against the mortgage company that holds and services a mortgage on her home, the [name] Federal Bank.
Request for Approval of Postpetition Consumer Debt
The Debtor hereby requests that the trustee approve a postpetition consumer debt on the following grounds:
1. The Debtor’s automobile, a [year] Ford Escort, was recently totally destroyed in an accident.
Motion to Avoid Judicial Lien
1. Debtors, [debtor 1], and [debtor 2], commenced this case on [date], by filing the above-numbered voluntary petition for relief under chapter 7 of title 11, United States Code.
2. This motion is filed pursuant to 11 U.S.C. § 522(f) to avoid and cancel a judicial lien held by the [creditor] on real property used as the Debtors’ residence.
Motion for Determination That Proceeding Is a Core Proceeding
[Debtor], Plaintiff herein, moves this Court, pursuant to 28 U.S.C. § 157(b)(3), to determine that this matter is a core proceeding. In support of this motion he avers:
Stipulation That Matter May Be Determined by Bankruptcy Court
It is hereby stipulated, by and between the parties and pursuant to 28 U.S.C. § 157(c)(2), that the Bankruptcy Court may hear this adversary proceeding and enter a final judgment in this matter notwithstanding the fact that it may be a non-core proceeding.
Date:
[signature]
Attorney for Plaintiff
[signature]
Plaintiff’s Objections to Findings of Fact and Conclusions of Law
Plaintiff [debtor] hereby objects to the proposed findings of fact and conclusions of law submitted by the Bankruptcy Court in this proceeding.
The Plaintiff’s specific objections are as follows:
Motion for Leave to Appeal Interlocutory Order to District Court (or Bankruptcy Appellate Panel)
Defendant, [debtor], hereby applies for leave to appeal an interlocutory order of the Bankruptcy Court. In support of this application he avers:
1. This case was commenced as a voluntary case under chapter 13 of the Bankruptcy Code.
Motion for Stay Pending Appeal of Order Granting Relief from Automatic Stay372
The Debtor, [debtor], hereby moves this Court, pursuant to Fed. R. Bankr. P. 8007, for a stay of an order of the Bankruptcy Court. In support of this motion, Debtor states:
Stipulation for Appeal to Bankruptcy Appellate Panel
The parties to this proceeding, by their counsel, hereby stipulate and agree that any appeal from the Final Order of [date] may be taken to the Bankruptcy Appellate Panel for the [number] Circuit, pursuant to 28 U.S.C. § 158(b).
Date:
[signature]
Attorney for Plaintiff
Motion to Redact Pursuant to Bankruptcy Rule 9037(h)376
Debtor, [name], by his counsel, hereby moves this Court to order [Creditor] to redact the following document filed with this Court in the above case:
Proof of Claim No. [number] filed by [creditor] on [date], and attachments.
Debtor’s Motion to Permit Redaction of Filed Documents and Limit Remote Electronic Access
Debtor seeks relief under 11 U.S.C. § 107(b)(2), Fed. R. Civ. P. 5.2, Fed. R. Bankr. P. 9018, and Fed. R. Bankr. P. 9037(d) to protect herself from harm related to public distribution of her private medical information. In support of this motion, the Debtor avers as follows:
Complaint to Determine Dischargeability of Student Loan
1. The Debtor [name] brings this action for the discharge of their federal student loan debt under the “undue hardship” provision set out in 11 U.S.C. § 523(a)(8).
Order Avoiding Lien
AND NOW, this [date] day of [month], [year], upon the Debtors’ motion to avoid and cancel a judicial lien which impairs an exemption of the Debtors,
It is hereby ORDERED AND DECREED that the judicial lien held by [creditor], in and on Debtors’ residential real estate at [address], entered of record at June Term, 2011, No. [number] be and hereby is canceled.
Motion to Avoid Non-Possessory Non-Purchase Money Security Interest
1. Debtors, [debtors], commenced this case on [date] by filing a voluntary petition for relief under chapter 7 of Title 11 of the United States Code.
Order Avoiding Non-Possessory, Non-Purchase Money Security Interest
AND NOW, this [date] day of [month], [year], upon the motion to avoid and cancel a security interest which impaired an exemption of the Debtors,
It is hereby ORDERED and DECREED that the non-possessory, non-purchase money security of [creditor] in Debtors’ household and personal goods be, and hereby is, declared null and void.
Date:
[signature]
Debtors’ Complaint to Determine Validity and Extent of Junior Mortgagee’s Lien and to Establish Junior Mortgagee’s Claim as a Wholly Unsecured Claim
I. Introduction
[Editor’s Note.288]
[Mortgage servicer] [RESPA and payoff department addresses]289
Attn: Borrower Inquiry and Payoff Departments
Re: [debtors’ name, address, account number, bankruptcy case number]
NOTICE OF ERROR, PURSUANT TO 12 USC 2605(e) and 12 C.F.R. § 1024.35
AND REQUEST FOR CANCELLATION PURSUANT TO [State Statute].
Dear Sir or Madam:
Complaint to Set Aside Preference
1. This case was commenced by Debtor/Plaintiff, [debtor], by filing a voluntary petition under chapter 7 of the Bankruptcy Code on [date].
Complaint to Set Aside Preference and/or Setoff
I. Preliminary Statement
1. This is an action under the Bankruptcy Code, 11 U.S.C. §§ 101–1330, to set aside a preference and/or setoff which occurred when Defendants withheld veterans’ pension benefits from the Debtor within ninety (90) days of his filing a voluntary petition in bankruptcy.
DEBTOR’S COMPLAINT TO DETERMINE DISCHARGEABILITY PURSUANT TO 11 U.S.C. § 523(a)(7)
Preliminary Statement
1. This is an adversary proceeding brought under the Bankruptcy Code, 11 U.S.C. § 523(a)(7), to determine the dischargeability of judicial costs that were assessed against the debtor as compensation for actual pecuniary loss.