Skip to main content

Search

Consumer Bankruptcy Law and Practice: Sec. 1223. Bankruptcy Judgeships.

(a) Short Title. This section may be cited as the “Bankruptcy Judgeship Act of 2005”.

(b) Temporary Judgeships.

(1) Appointments. The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title:

Consumer Bankruptcy Law and Practice: Sec. 1226. Judicial Education.

The Director of the Federal Judicial Center, in consultation with the Director of the Executive Office for United States Trustees, shall develop materials and conduct such training as may be useful to courts in implementing this Act and the amendments made by this Act, including the requirements relating to the means test under section 707(b), and reaffirmation agreements under section 524, of title 11 of the United States Code, as amended by this Act.

* * *

Consumer Bankruptcy Law and Practice: Sec. 1228. Providing Requested Tax Documents to the Court.

(a) Chapter 7 Cases. The court shall not grant a discharge in the case of an individual who is a debtor in a case under chapter 7 of title 11, United States Code, unless requested tax documents have been provided to the court.

(b) Chapter 11 and Chapter 13 Cases. The court shall not confirm a plan of reorganization in the case of an individual under chapter 11 or 13 of title 11, United States Code, unless requested tax documents have been filed with the court.

Consumer Bankruptcy Law and Practice: Sec. 1229. Encouraging Creditworthiness.

(a) Sense of the Congress. It is the sense of the Congress that—

(1) certain lenders may sometimes offer credit to consumers indiscriminately, without taking steps to ensure that consumers are capable of repaying the resulting debt, and in a manner which may encourage certain consumers to accumulate additional debt; and

(2) resulting consumer debt may increasingly be a major contributing factor to consumer insolvency.

Consumer Bankruptcy Law and Practice: Sec. 1307. Dual Use Debit Card.

(a) Report. The Board may conduct a study of, and present to Congress a report containing its analysis of, consumer protections under existing law to limit the liability of consumers for unauthorized use of a debit card or similar access device. Such report, if submitted, shall include recommendations for legislative initiatives, if any, of the Board, based on its findings.

(b) Considerations. In preparing a report under subsection (a), the Board may include—

Consumer Bankruptcy Law and Practice: Sec. 1309. Clarification of Clear and Conspicuous.

(a) Regulations. Not later than 6 months after the date of enactment of this Act, the Board, in consultation with the other Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act), the National Credit Union Administration Board, and the Federal Trade Commission, shall promulgate regulations to provide guidance regarding the meaning of the term “clear and conspicuous”, as used in subparagraphs (A), (B), and (C) of section 127(b)(11) and clauses (ii) and (iii) of section 127(c)(6)(A) of the Truth in Lending Act.

Consumer Bankruptcy Law and Practice: Sec. 1406. Effective Date; Application of Amendments.

(a) Effective Date. Except as provided in subsection (b), this title and the amendments made by this title shall take effect on the date of the enactment of this Act.

(b) Application of Amendments.

(1) In General. Except as provided in paragraph (2), the amendments made by this title shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act.

Consumer Bankruptcy Law and Practice: Sec. 1501. Effective Date; Application of Amendments.

(a) Effective Date. Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.

(b) Application of Amendments.

(1) In General. Except as otherwise provided in this Act and paragraph (2), the amendments made by this Act shall not apply with respect to cases commenced under title 11, United States Code, before the effective date of this Act.

Consumer Bankruptcy Law and Practice: Form 1 Pre-Filing Notification to Creditors of Representation

[Editor’s Note.1]

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.

Very truly yours,

Consumer Bankruptcy Law and Practice: Form 3 Letter to Client Requesting More Information

[Editor’s Note.3]

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

Consumer Bankruptcy Law and Practice: Form 7 Debtor’s Motion for Temporary Waiver of Credit Counseling Requirement Based on Exigent Circumstances

[Editor’s Note.6] [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:

1. On [date], the debtor filed a petition under chapter 13 of the Bankruptcy Code.

Consumer Bankruptcy Law and Practice: Form 11 Motion and Order for Additional Time to File Chapter 13 Schedules, Other Documents and Information Required Under 11 U.S.C. § 521(a)(1)

[Editor’s Note.11] [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].

Consumer Bankruptcy Law and Practice: Form 12 Motion to Excuse Filing of Lost or Unavailable Payment Advices

[Editor’s Note.12] [Caption: Official Form 416A]

Motion to Excuse Complete Filing of Payment Advices

Debtor, by his counsel, hereby moves that he be excused from filing all of the payment advices received from his employer within sixty (60) days of the petition. In support of this motion, Debtor states:

1. Debtor filed a voluntary petition under chapter 7 of the Bankruptcy Code on [date].