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Consumer Bankruptcy Law and Practice: Request for Information—Authorization to Release Information
Authorization to Release Information245
To: [servicer]
Re: Borrower: [name of debtor]
Account No: [account no.]
Property Address: [address]
Consumer Bankruptcy Law and Practice: Motion
Motion for Order Directing [name] Mortgage Company to Appear for Examination and Produce Documents
Consumer Bankruptcy Law and Practice: Form 91 Order Directing Claimant to Appear for Rule 2004 Examination
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,
Consumer Bankruptcy Law and Practice: Form 92 Complaint Objecting to Mortgage Servicer’s Claim Based on RESPA and FDCPA Violations
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.
Consumer Bankruptcy Law and Practice: Form 93 Request for Approval of Postpetition Consumer Debt
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.
Consumer Bankruptcy Law and Practice: Form 94 Motion to Avoid Judicial Lien on Residential Real Estate
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.
Consumer Bankruptcy Law and Practice: Form 124 Motion for Determination That Proceeding Is a Core Proceeding
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:
Consumer Bankruptcy Law and Practice: Form 125 Stipulation That Matter May Be Determined by Bankruptcy Court
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]
Consumer Bankruptcy Law and Practice: Form 126 Plaintiff’s Objections to Findings of Fact and Conclusions of Law
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:
Consumer Bankruptcy Law and Practice: Form 127 Motion for Leave to Appeal Interlocutory Order
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.
Consumer Bankruptcy Law and Practice: Form 128 Motion for Stay of Order Pending Appeal
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:
Consumer Bankruptcy Law and Practice: Form 129 Stipulation for Appeal to Bankruptcy Appellate Panel
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
Consumer Bankruptcy Law and Practice: Form 130 Motion to Redact Proof of Claim or Other Court Filings Pursuant to Rule 9037(h)
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.
Consumer Bankruptcy Law and Practice: Form 131 Motion for Protective Order Pursuant to Rule 9037 Permitting Redaction and Restricting Public Access to Documents Filed with the Court
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:
Consumer Bankruptcy Law and Practice: Form 132 Complaint to Determine Dischargeability of Student Loan
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).
Consumer Bankruptcy Law and Practice: Form 95 Order Avoiding Lien on Residential Real Estate
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.
Consumer Bankruptcy Law and Practice: Form 96 Motion to Avoid Non-Possessory, Non-Purchase Money Security Interest
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.
Consumer Bankruptcy Law and Practice: Form 97 Order Avoiding Non-Possessory, Non-Purchase Money Security Interest
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]
Consumer Bankruptcy Law and Practice: Form 98 Complaint to Void Wholly Unsecured Mortgage
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