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Consumer Bankruptcy Law and Practice: Form 102 Request for Mortgage Discharge Following Plan Completion and Notice of Error Under RESPA
[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:
Consumer Bankruptcy Law and Practice: Form 103 Complaint to Set Aside Preference and Recover Garnished Wages
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].
Consumer Bankruptcy Law and Practice: Form 104 Complaint to Set Aside Preference and/or Setoff by Governmental Agency Recouping Overpayments of Benefits
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.
Consumer Bankruptcy Law and Practice: Form 134 Complaint To Determine Dischargeability of Court Costs Pursuant to 11 U.S.C. § 523(a)(7)
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.
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
Consumer Bankruptcy Law and Practice: Form 138 Defendant’s Requests for Production of Documents in Dischargeability Case Based on Credit Card Fraud
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
Consumer Bankruptcy Law and Practice: Form 139 Defendant’s Interrogatories in Dischargeability Case Based on Credit Card Fraud
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:
Consumer Bankruptcy Law and Practice: Form 140 Defendant’s Requests for Admissions in Dischargeability Case Based on Credit Card Fraud
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.
Consumer Bankruptcy Law and Practice: Form 143 Debtor’s Motion for a Hardship Discharge
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].
Consumer Bankruptcy Law and Practice: Form 105 Complaint to Set Aside Foreclosure Sale for Less Than Reasonably Equivalent Value and to Remedy Mortgagee’s Contempt
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.
Consumer Bankruptcy Law and Practice: Form 106 Motion for Leave to Proceed In Forma Pauperis
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:
Consumer Bankruptcy Law and Practice: Form 107 In Forma Pauperis Order
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]
Consumer Bankruptcy Law and Practice: Form 109 Complaint to Prohibit Eviction from Public Housing Based upon Dischargeable Debt for Rent
Complaint
Consumer Bankruptcy Law and Practice: Form 110 Complaint Seeking Review of Administrative Action
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.
Consumer Bankruptcy Law and Practice: Complaint
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.
Consumer Bankruptcy Law and Practice: Form 113 Motion for Abandonment of Property by Trustee
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.
Consumer Bankruptcy Law and Practice: Form 114 Debtor’s Motion for Expedited Discovery
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.
Consumer Bankruptcy Law and Practice: Form 144 Letter to Creditor Concerning Proposed Reaffirmation Agreement
[Editor’s Note.412]
[creditor] [address]
RE: [debtor] [Bankruptcy number] [account number] [Social Security number]
Dear [name]: