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Consumer Bankruptcy Law and Practice: Exhibit A

Exhibit A

Debtor’s Request for Production of Documents Directed to [name] Mortgage Company

The Debtor, [name], by her counsel, and pursuant to Fed. R. Bankr. P. 2004, makes this request for production of documents directed to [name] Mortgage Company. Defendant is requested to produce the documents described below at the Rule 2004 examination to be held as ordered by the Bankruptcy Court.

DEFINITIONS

Consumer Bankruptcy Law and Practice: Listing of Provisions

Also available at www.irs.gov.

TABLE OF CONTENTS

Part 5—Collecting Process

Chapter 15—Financial Analysis

Section 1—Financial Analysis Handbook

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5.15.1.8 Allowable Expense Overview

5.15.1.9 National Standards

5.15.1.10 Local Standards

5.15.1.11 Other Expenses

5.15.1.12 Determining Individual Income

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Consumer Bankruptcy Law and Practice: 5.15.1.8 Allowable Expense Overview (07-24-2019)

1. Allowable expenses include those expenses that meet the necessary expense test. The necessary expense test is defined as expenses that are necessary to provide for a taxpayer’s and his or her family’s health and welfare and/or production of income. There are three types of allowable expenses:

• Allowable Living Expenses—based on National and Local Standards

• Other Necessary Expenses—expenses that meet the necessary expense test, and are normally allowed

Consumer Bankruptcy Law and Practice: 5.15.1.11 Other Expenses (11-22-2021)

1. Other expenses may be necessary or conditional. Other necessary expenses meet the necessary expense test and normally are allowed. The amount allowed must be reasonable considering the taxpayer's individual facts and circumstances. Other Conditional Expenses may not meet the necessary expense test, but may be allowable based on the circumstances of an individual case.

Consumer Bankruptcy Law and Practice: 5.15.1.12 Determining Individual Income (08-29-2018)

1. Generally all household income, including income that is exempt from tax on the Form 1040, will be used to determine the taxpayer’s ability to pay. Income earned by a taxpayer’s dependent child, claimed on the child’s Income Tax Return, would generally not be included in the taxpayer’s household income. However, if an independent adult child is living with the taxpayer and contributing to the household income used to pay living expenses, that adult child’s income may be included in a Shared Expense analysis.

Repossessions: 14.1.2.4 Where a State Statute Defines a Lease as a Security Interest

A Nevada statute requires that dealers provide consumer vehicle lessees with a special disclosure statement. If the dealer does not obtain the consumer’s signature on that disclosure statement, the lease shall be deemed a retail installment contract for the sale of the vehicle.38 In that case, not only the state installment sales statute, but UCC Article 9 should apply to the transaction.

Consumer Bankruptcy Law and Practice: 11.6 Using Chapter 13 to Deal with Secured Creditors

11.6.1 Modification of Secured Creditors’ Rights in Claims Not Secured Only by Real Estate That Is the Debtor’s Principal Residence11.6.1.1 Generally

Perhaps the greatest powers to affect the rights of secured creditors are found in the provisions of chapter 13. Bankruptcy Code section 1322 provides that the debtor’s plan may modify the rights of holders of most secured claims, other than some claims secured only by a security interest in real property that is the debtor’s principal residence.

Consumer Bankruptcy Law and Practice: 15.4.3.8.2.1 Loans related to government units and nonprofit institutions: § 523(a)(8)(A)(i)

The exception has had several different wordings and, as amended in 1990,528 covers an “educational benefit, overpayment or loan”529 that is “made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or a nonprofit institution.”530 This language covers most, if not all, student loans made or insured by nonprofit institutions or governmental units.

Consumer Bankruptcy Law and Practice: 15.4.3.8.2.2 Funds received as educational benefits, scholarships, or stipends; § 523(a)(8)(A)(ii)

The exception also applies to “an obligation to repay funds received as an educational benefit, scholarship, or stipend.”535 This language in subpart (A)(ii) is applicable to certain educational benefit grants involving funds received by the debtor or advanced on the debtor’s behalf.536 However, subpart (A)(ii) is not a “catch-all” provision designed to include every type of transaction that creates an educational benefit for a debtor.537 Important

Consumer Bankruptcy Law and Practice: 15.4.3.8.2.3 Private student loans; § 523(a)(8)(B)

The exception was broadened in 2005 to also include, in subpart (B), any other education loans from for-profit lenders if they are qualified education loans as defined in section 221(d)(1) of the Internal Revenue Code.541 The term “qualified education loan” is defined in section 221(d)(1) of the Internal Revenue Code to mean any indebtedness incurred by the taxpayer solely to pay qualified higher education expenses.542 Debtors who have incurred debt for education and other purposes may

Consumer Banking and Payments Law: Introduction and Listing of Provisions

This appendix reprints those selected provisions of the Uniform Commercial Code (UCC) Articles 1, 3, 4, and 4A and their official comments that are most often consulted in consumer cases involving checks and wires. Every state has adopted these four UCC Articles, but not every state has adopted the same version.

Article 1 was revised in 2001 and every state has adopted those amendments.

Consumer Banking and Payments Law: Section 1-103. Construction of [Uniform Commercial Code] to Promote Its Purposes and Policies; Applicability of Supplemental Principles of Law.

(a) [The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are:

(1) to simplify, clarify, and modernize the law governing commercial transactions;

(2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and

(3) to make uniform the law among the various jurisdictions.

Consumer Banking and Payments Law: Section 1-104. Construction Against Implied Repeal.

[The Uniform Commercial Code] being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.

Official Comments

Source: Former Section 1-104.

Changes from former law: Except for changing the form of reference to the Uniform Commercial Code, this section is identical to former Section 1-104.

Consumer Banking and Payments Law: Section 1-201. General Definitions.

(a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof, have the meanings stated.

(b) Subject to definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof:

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(2) “Aggrieved party” means a party entitled to pursue a remedy.