Consumer Bankruptcy Law and Practice: Form 135 Complaint To Determine Dischargeability of Parking Tickets Pursuant to 11 U.S.C. § 1328(a)(3)
DEBTOR’S COMPLAINT TO DETERMINE DISCHARGEABILITY PURSUANT TO 11 U.S.C. § 1328(a)(3)
Preliminary Statement
DEBTOR’S COMPLAINT TO DETERMINE DISCHARGEABILITY PURSUANT TO 11 U.S.C. § 1328(a)(3)
Preliminary Statement
Defendant’s First Requests for Production of Documents
Defendant requests, pursuant to Bankruptcy Rule 7034 and Fed. R. Civ. P. 34, that plaintiff produce each of the following documents to be delivered to the office of defendant’s attorney for inspection and copying within the time limits set forth in the aforementioned rules.
Definitions and Instructions
Defendant’s First Set of Interrogatories
Defendant requests that the plaintiff answer under oath, in accordance with Fed. R. Bankr. P. 7033 and Fed. R. Civ. P. 33, the following interrogatories within the time set forth in the foregoing rules.
Definitions and Instructions
As used herein the following terms shall have the following meaning:
Defendant’s First Set of Requests for Admissions
Defendant requests plaintiff to admit, pursuant to Fed. R. Bankr. P. 7036 and Fed. R. Civ. P. 36, for the purposes of this action only, the truth of the following statements of fact or application of law to fact:
1. Plaintiff solicited the defendant to enter into credit contracts.
Debtor’s Motion for a Hardship Discharge
The Debtor, by his counsel, hereby moves for the entry of a hardship discharge pursuant to 11 U.S.C. § 1328(b). In support of this motion he avers that:
1. This chapter 13 plan was filed on [date].
2. The Debtor’s chapter 13 plan was confirmed on [date].
Complaint to Avoid Transfer of Real Property for Contempt and for Relief from Defendants’ Contempt
1. [Debtor], Plaintiff and Debtor, filed a petition under chapter 13 of the Bankruptcy Code on January 24, 2022. He resides at [address] and has resided there continuously since January 2003.
Motion for Leave to Proceed In Forma Pauperis
Plaintiff moves this Court, by his attorney, for an Order permitting him to file this action in forma pauperis without the prepayment of fees and costs or security therefor, pursuant to 28 U.S.C. § 1915, because he is unable to pay such fees and costs or give security therefor, as is shown by the attached certification.
Date:
Order
This matter, having come before the undersigned Judge on the motion of the Plaintiff for leave to proceed with this action in forma pauperis, and it appearing to the Court that Plaintiff is entitled to the relief she seeks through this motion, it is hereby
ORDERED, that Plaintiff is authorized to proceed with this action in forma pauperis, without being required to pay any fees or costs or to give security therefor.
Date:
[signature]
Complaint
Complaint325
1. This action is filed by Plaintiff, Debtor in the above-captioned chapter 13 case, to seek this Court’s review of the decision of Defendants to deny relief under the HUD assignment program. This Court has jurisdiction under 28 U.S.C. § 1334 and this matter is a core proceeding.326 Plaintiff consents to the entry of final orders or judgment by the Bankruptcy Court in this matter.
Complaint
1. Debtor brings this action to enjoin Defendant [state] Department of Transportation and Defendant: [defendant—secretary] from suspending Debtor’s driver’s license because of his nonpayment of prepetition debts, and to obtain sanctions for contempt.
Motion for Abandonment of Property by Trustee
1. Debtor, [name], commenced this case on [date] by filing a voluntary petition for relief under chapter 7 of the Bankruptcy Code.
Debtors’ Motion for Expedited Discovery
Debtors hereby move that discovery in this contested matter be expedited. As grounds for this motion, Debtors aver:
1. This matter was commenced by filing of a motion on February 1, 2022.
2. An evidentiary hearing on the matter is scheduled for February 27, 2022.
[Editor’s Note.412]
[creditor] [address]
RE: [debtor] [Bankruptcy number] [account number] [Social Security number]
Dear [name]:
[Editor’s Note.418]
Dear [name]:
You should have received by now, as we did, a copy of your discharge in bankruptcy. This document certifies that you have been discharged from liability for payment of any and all debts which are made dischargeable by the Bankruptcy Code.
Complaint
1. Plaintiff [debtor] was a Debtor in the above-captioned voluntary petition under chapter 7 of title 11, United States Code. This Court therefore has jurisdiction under 28 U.S.C. § 1334. This proceeding is a core. Plaintiff consents to the entry of final orders or judgment by the Bankruptcy Court in this matter.
Complaint
1. This complaint is filed by the Debtor in the above-captioned chapter 7 case. This Court thus has jurisdiction over this proceeding, which arises in a case under the Bankruptcy Code and concerns property of the Debtor, pursuant to 28 U.S.C. § 1334. This proceeding is a core proceeding. Plaintiff consents to the entry of final orders or judgment by the Bankruptcy Court in this matter.
Plaintiff’s Motion For Temporary Restraining Order and/or Preliminary Injunction