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Consumer Bankruptcy Law and Practice: Form 171 Debtor’s Motion to Reopen Case

[Editor’s Note.465] [Caption: Official Form 416A]

Debtor’s Motion to Reopen Case

The Debtor, by counsel, requests that the above-captioned case be reopened pursuant to 11 U.S.C. § 350(b) in order to accord relief to the Debtor and in support thereof avers as follows:

1. The Debtor filed bankruptcy pursuant to chapter 7 of the Bankruptcy Code on [date], and received a discharge pursuant to 11 U.S.C. § 727 on [date].

Consumer Bankruptcy Law and Practice: Form 177 Expedited Motion for Appointment of Committee of Consumer Creditors

[Editor’s Note.476] [Caption: Official Form 416A]

Expedited Motion for Appointment of Committee of Consumer Creditors

Movant, by her attorneys, hereby requests that the Court order the appointment of a committee of consumer creditors on the following grounds:

1. Movant is a creditor of the Debtor.

2. Movant’s claim arises from her prepetition payment of $1150 to the Debtor for home furniture which was never delivered.

Consumer Bankruptcy Law and Practice: Form 182 Chapter 12 Plan

[Editor’s Note.483] [Caption: Official Form 416A]

Chapter 12 Plan

COMES NOW the debtor and debtor-in-possession [debtor], by and through [attorney for debtor], and submits the following chapter 12 plan of reorganization in satisfaction of all claims.

1. On [filing date] (Filing Date), [debtor] filed a Petition under chapter 12 of the United States Bankruptcy Code, 11 U.S.C. §§ 1201–1231 (Code).

Truth in Lending: E.2.3 Sample Complaint for HOEPA Rescission and Damages

The 2010 Dodd-Frank Act amendments changed the criteria for determining whether a loan is subject to HOEPA—modifying the APR trigger and points and fees trigger, and adding a third coverage trigger related to prepayment penalties. The Act also expanded the list of prohibited practices for HOEPA high-cost loans. These changes are discussed in Chapter 9, supra.

Truth in Lending: E.2.5 Sample Consumer Leasing Act Complaint

This sample complaint is adapted from a complaint drafted by Cary Flitter, a Pennsylvania attorney with a consumer law practice.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA

BRIAN S. SMITH, MICHAEL PARKER and MICHELLE PARKER, h/w on behalf of themselves and all others similarly situated

Plaintiffs

v.

NISSAN MOTOR ACCEPTANCE CORP.

Defendant

AMENDED COMPLAINT

I. INTRODUCTION

Truth in Lending: E.3.1.1 Introduction

Appendix E.3.1.2 includes a set of motion papers seeking a federal court temporary restraining order and preliminary injunction against non-judicial foreclosure of a consumer’s home, on the grounds of rescission. The papers were prepared by Hope Del Carlo when she was a staff attorney with the Oregon Law Center.

Truth in Lending: E.3.1.3 Plaintiff’s Declaration in Support of Motions for Temporary Restraining Order and Preliminary Injunction

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

[PLAINTIFF]

Plaintiff

v.

[Defendants 1–7]

Defendants

DECLARATION OF [PLAINTIFF] IN SUPPORT OF PLAINTIFF’S MOTIONS FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

I, [Plaintiff], hereby declare as follows:

1. I am the plaintiff in this case. I have personal knowledge of the facts set forth in this Declaration.

Truth in Lending: E.3.1.4 Attorney Declaration in Support of Motions for Temporary Restraining Order and Preliminary Injunction

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

[PLAINTIFF]

Plaintiff

v.

[Defendants 1–7]

Defendants

DECLARATION OF [PLAINTIFF’S ATTORNEY] IN SUPPORT OF PLAINTIFF’S MOTIONS FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

I, [Plaintiff’s Attorney], hereby declare as follows:

1. I am one of the attorneys for the plaintiff in this case. I have personal knowledge of the facts set forth in this Declaration.

Truth in Lending: E.3.2.1 Introduction

This set of documents seeks a temporary restraining order in federal court against a non-judicial foreclosure, on the ground that the consumer rescinded the transaction under TILA. These documents are adapted from a set contributed by Karen Merrill Tjapkes, a Michigan attorney. The TILA complaint that was filed in the case is included with this treatise’s digital version under “Pleadings and Discovery.” Practitioners should check local rules, which may require litigants to present additional forms or papers when seeking a TRO.