Bankruptcy Basics: Form 54 Letter to Creditor Concerning Proposed Reaffirmation Agreement
[Editor’s Note.115]
[creditor] [address]
RE: [debtor] [Bankruptcy number] [account number] [Social Security number]
Dear [name]:
[Editor’s Note.115]
[creditor] [address]
RE: [debtor] [Bankruptcy number] [account number] [Social Security number]
Dear [name]:
[Editor’s Note.5]
Re: [debtor]
Dear [name]:
Please be advised that this office represents the above-captioned individual(s) with respect to their alleged debt to [creditor]. We are presently preparing a bankruptcy petition that will shortly be filed.
We are requesting that all further communications concerning this matter be directed to us. If you have any questions concerning the above, please feel free to call me. Thank you for your cooperation in this matter.
[Editor’s Note.6]
Re: [debtor]
Dear [name]:
Please be advised that this office represents the above-captioned individual(s) with respect to their alleged debt to [creditor]. We are presently preparing a bankruptcy petition that will shortly be filed.
[Editor’s Note.7]
Re: Bankruptcy No. [number]
Dear [name]:
Thank you for completing your bankruptcy questionnaire and providing most of the information we requested. However, we will need some additional information in order to complete your bankruptcy papers. Please provide information and copies of documents for the items checked below:
Your Household Income and Expenses
This agreement is entered into on this [date] day of [month], [year], by and between [name of prospective client] and [name of spouse, if prospective co-client], and the [name of law firm or attorney] (referred to as the “Attorney”).
[Editor’s Note.10]
[Caption: Official Form 416A]
Debtor’s Motion for Temporary Waiver of Credit Counseling Requirement
Debtor hereby requests that this Court, pursuant to 11 U.S.C. § 109(h)(3), grant a temporary waiver of the requirement under section 109(h)(1) that she receive budget and credit counseling. In support of this motion, the debtor states as follows:
Motion to Exempt Debtor from Credit Counseling and Financial Education Requirement
[Editor’s Note.14]
[Caption: Official Form 416A]
Motion for Extension of Time to File Chapter 13 Schedules and Other Documents
The Debtor moves the Court as follows:
1. On [date], the Debtor filed a voluntary petition in bankruptcy that halted the execution sale of his real property.
[Editor’s Note.15]
[Caption: Official Form 416A]
Motion for Additional Time to File Chapter 13 Schedules, Other Documents and Information Required Under 11 U.S.C. § 521(a)(1)
Debtor, [debtor], by his attorney, respectfully represents:
1. Debtor filed a voluntary petition under chapter 13 of the Bankruptcy Code on [date].
[Editor’s Note.19]
[Caption: Official Form 416A]
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.
Application for Waiver of Miscellaneous Administrative Fee20
1. The debtors filed a voluntary chapter [number] bankruptcy petition contemporaneously with this application.
2. The debtors believe they are entitled to relief under chapter [number].
3. The debtors are indigent and are unable to pay the miscellaneous administrative fee or give security therefor.
[Editor’s Note.21]
Re: Bankruptcy No. [number]
Dear [name]:
On [date] our office filed a chapter 7 bankruptcy petition on your behalf. The court number of your bankruptcy case is [number]; please make a careful note of it and include it on all payments made to the clerk of the bankruptcy court.
[Editor’s Note.26]
[Caption: Official Form 416A]
Debtor’s Amendment of Schedules
The Debtor in the above-captioned case hereby amends schedules D and E/F by substituting the attached amended schedules for those originally filed, pursuant to Fed. R. Bankr. P. 1009.
Date:
[signature]
Attorney for Debtor
Certificate of Service
[Editor’s Note.27]
[Caption: Official Form 416A]
Application for Waiver of Fee to Amend Debtor’s Schedules
1. Applicant filed a voluntary chapter 7 petition bankruptcy on [date].
2. Applicant has discovered additional creditors she wishes to list on her schedules.
3. The Applicant’s rights under title 11 will be prejudiced if the Debtor’s Schedules are not amended.
[Editor’s Note.30]
[creditor, address]31
Re:[debtor], Bankr. No.[number], District of [name], [debtor address], [Social Security number]
Dear [name]:
Please be advised that I represent [debtor].
On [date], a voluntary petition pursuant to chapter [chapter number] of the Bankruptcy Code was filed on [debtor]’s behalf at the court and number indicated above.
[Editor’s Note.32]
[Caption: Official Form 416A]
Motion for Continuation of Automatic Stay
The Debtor hereby moves this Court, pursuant to section 362(c)(3)(B), for an order continuing the automatic stay provided under section 362(a) as to all creditors [or insert names if limited to particular creditors]. In support of this motion, the Debtor states as follows:
[Editor’s Note.36]
[Caption: Official Form 416A]
Motion to Invoke Automatic Stay
The Debtor hereby moves this Court, pursuant to section 362(c)(3)(B), for an order invoking the automatic stay provided under section 362(a) as to all creditors. In support of this motion, the Debtor states as follows:
1. The Debtor filed a petition under chapter 13 on [date].
[Editor’s Note.40]
[Caption: Official Form 416A]
Debtor’s Motion for Reimposition of Stay As to Property of the Estate
Debtor hereby moves for reimposition of a stay with respect to her residential property at [address] which is property of the estate, and in support thereof avers as follows:
Plaintiff [debtor], by their attorney, hereby moves this Court, pursuant to Federal Rule of Bankruptcy Procedure 7065 for a Temporary Restraining Order and Preliminary Injunction against Defendant [name of defendant] on the basis of:
1. Plaintiff’s verified Complaint.
2. Without immediate relief from this Court, Plaintiff will suffer irreparable harm.
3. Plaintiff is very likely to prevail in this proceeding.
WHEREFORE, Plaintiff requests that this Court
Order54
AND NOW, this [date] day of [month], [year], upon consideration of Plaintiff’s Motion for Temporary Restraining Order and/or Preliminary Injunction, verified Amended Complaint, and the hearing held on [date], the Court makes the following findings:55
1. Plaintiff is the Debtor in the above-captioned chapter 13 case.
[Editor’s Note.61]
[creditor—utility] [address]
RE: [debtor], Account No. [number], Bankruptcy No. [number], [address], [Social Security number]
Dear [name]:
Please be advised that I represent [debtor].
[Editor’s Note.62]
[Caption: Official Form 416D]
Complaint to Enjoin Termination of Utility Service for Nonpayment of Deposit by Debtor Current on Her Utility Payments
1. This action is brought by Plaintiff, [debtor], Debtor in the above-captioned bankruptcy case, to enforce her rights to continued electric service under the Bankruptcy Code and state law.