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Consumer Bankruptcy Law and Practice: Form 14 Letter Advising Trustee of Special Circumstances
[Editor’s Note.15]
Re: [debtor]
Bankr. No. [number]
Dear [name of United States trustee or bankruptcy administrator]:
Consumer Bankruptcy Law and Practice: Form 16 Motion to Keep Prior Name Confidential
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: § 105. Power of court
(a) The court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title. No provision of this title providing for the raising of an issue by a party in interest shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process.
Consumer Bankruptcy Law and Practice: § 106. Waiver of sovereign immunity
(a) Notwithstanding an assertion of sovereign immunity, sovereign immunity is abrogated as to a governmental unit to the extent set forth in this section with respect to the following:
Consumer Bankruptcy Law and Practice: § 107. Public access to papers
(a) Except as provided in subsections (b) and (c) and subject to section 112, a paper filed in a case under this title and the dockets of a bankruptcy court are public records and open to examination by an entity at reasonable times without charge.
(b) On request of a party in interest, the bankruptcy court shall, and on the bankruptcy court’s own motion, the bankruptcy court may—
Consumer Bankruptcy Law and Practice: § 108. Extension of time
(a) If applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period within which the debtor may commence an action, and such period has not expired before the date of the filing of the petition, the trustee may commence such action only before the later of—
(1) the end of such period, including any suspension of such period occurring on or after the commencement of the case; or
Consumer Bankruptcy Law and Practice: § 109. Who may be a debtor
(a) Notwithstanding any other provision of this section, only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title.
(b) A person may be a debtor under chapter 7 of this title only if such person is not—
(1) a railroad;
Consumer Bankruptcy Law and Practice: § 110. Penalty for persons who negligently or fraudulently prepare bankruptcy petitions
(a) In this section—
(1) “bankruptcy petition preparer” means a person, other than an attorney for the debtor or an employee of such attorney under the direct supervision of such attorney, who prepares for compensation a document for filing; and
Consumer Bankruptcy Law and Practice: § 111. Nonprofit budget and credit counseling agencies; financial management instructional courses
(a) The clerk shall maintain a publicly available list of—
(1) nonprofit budget and credit counseling agencies that provide 1 or more services described in section 109(h) currently approved by the United States trustee (or the bankruptcy administrator, if any); and
(2) instructional courses concerning personal financial management currently approved by the United States trustee (or the bankruptcy administrator, if any), as applicable.
Consumer Bankruptcy Law and Practice: § 112. Prohibition on disclosure of name of minor children
The debtor may be required to provide information regarding a minor child involved in matters under this title but may not be required to disclose in the public records in the case the name of such minor child. The debtor may be required to disclose the name of such minor child in a nonpublic record that is maintained by the court and made available by the court for examination by the United States trustee, the trustee, and the auditor (if any) serving under section 586(f) of title 28, in the case.
Consumer Bankruptcy Law and Practice: § 301. Voluntary cases
(a) A voluntary case under a chapter of this title is commenced by the filing with the bankruptcy court of a petition under such chapter by an entity that may be a debtor under such chapter.
(b) The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter.
[Pub. L. No. 109-8, § 501(b), 119 Stat. 118 (2005).]
Consumer Bankruptcy Law and Practice: § 302. Joint cases
(a) A joint case under a chapter of this title is commenced by the filing with the bankruptcy court of a single petition under such chapter by an individual that may be a debtor under such chapter and such individual’s spouse. The commencement of a joint case under a chapter of this title constitutes an order for relief under such chapter.
(b) After the commencement of a joint case, the court shall determine the extent, if any, to which the debtors’ estates shall be consolidated.
Consumer Bankruptcy Law and Practice: § 303. Involuntary cases
(a) An involuntary case may be commenced only under chapter 7 or 11 of this title, and only against a person, except a farmer, family farmer, or a corporation that is not a moneyed, business, or commercial corporation, that may be a debtor under the chapter under which such case is commenced.
(b) An involuntary case against a person is commenced by the filing with the bankruptcy court of a petition under chapter 7 or 11 of this title—
Consumer Bankruptcy Law and Practice: § 305. Abstention
(a) The court, after notice and a hearing, may dismiss a case under this title, or may suspend all proceedings in a case under this title, at any time if—
(1) the interests of creditors and the debtor would be better served by such dismissal or suspension; or
(2)(A) a petition under section 1515 for recognition of a foreign proceeding has been granted; and
Consumer Bankruptcy Law and Practice: § 306. Limited appearance
An appearance in a bankruptcy court by a foreign representative in connection with a petition or request under section 303 or 305 of this title does not submit such foreign representative to the jurisdiction of any court in the United States for any other purpose, but the bankruptcy court may condition any order under section 303 or 305 of this title on compliance by such foreign representative with the orders of such bankruptcy court.
[Pub. L. No. 109-8, § 802(d)(5), 119 Stat. 146 (2005).]
Consumer Bankruptcy Law and Practice: § 307. United States trustee
The United States trustee may raise and may appear and be heard on any issue in any case or proceeding under this title but may not file a plan pursuant to section 1121(c) of this title.
[Added by Pub. L. No. 99-554, § 205(a), 100 Stat. 3098 (1986).]
Consumer Bankruptcy Law and Practice: § 308. Debtor reporting requirements
(a) For purposes of this section, the term “profitability” means, with respect to a debtor, the amount of money that the debtor has earned or lost during current and recent fiscal periods.
(b) A debtor in a small business case shall file periodic financial and other reports containing information including—
(1) the debtor’s profitability;
Consumer Bankruptcy Law and Practice: § 321. Eligibility to serve as trustee
(a) A person may serve as trustee in a case under this title only if such person is—
(1) an individual that is competent to perform the duties of trustee and, in a case under chapter 7, 12, or 13 of this title, resides or has an office in the judicial district within which the case is pending, or in any judicial district adjacent to such district; or
Consumer Bankruptcy Law and Practice: § 322. Qualification of trustee
(a) Except as provided in subsection (b)(1), a person selected under section 701, 702, 703, 1104, 1163, 1183, 1202, or 1302 of this title to serve as trustee in a case under this title qualifies if before seven days after such selection, and before beginning official duties, such person has filed with the court a bond in favor of the United States conditioned on the faithful performance of such official duties.
Consumer Bankruptcy Law and Practice: § 323. Role and capacity of trustee
(a) The trustee in a case under this title is the representative of the estate.
(b) The trustee in a case under this title has capacity to sue and be sued.
[Pub. L. No. 95-598, 92 Stat. 2562 (1978).]
Consumer Bankruptcy Law and Practice: § 324. Removal of trustee or examiner
(a) The court, after notice and a hearing, may remove a trustee, other than the United States trustee, or an examiner, for cause.
(b) Whenever the court removes a trustee or examiner under subsection (a) in a case under this title, such trustee or examiner shall thereby be removed in all other cases under this title in which such trustee or examiner is then serving unless the court orders otherwise.
[Pub. L. No. 99-554, § 208, 100 Stat. 3098 (1986).]
Consumer Bankruptcy Law and Practice: § 325. Effect of vacancy
A vacancy in the office of trustee during a case does not abate any pending action or proceeding, and the successor trustee shall be substituted as a party in such action or proceeding.
[Pub. L. No. 95-598, 92 Stat. 2562 (1978).]
Consumer Bankruptcy Law and Practice: § 330. Compensation of officers
(a)(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, a consumer privacy ombudsman appointed under section 332, an examiner, an ombudsman appointed under section 333, or a professional person employed under section 327 or 1103—