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Repossessions: 14.2.10.1 UCC Article 2A

Section 2A-528 specifies a formula for computing the lessor’s default remedies.236 UCC § 2A-504(1) allows the lessor instead to use an early termination formula that is “reasonable in light of the then anticipated harm caused by the default or other act or omission.”237 UCC § 2A-504(2) specifies that if the early termination charge does not meet this reasonability standard, than the lessor’s sole remedy is as provided in section 2A-528.

Repossessions: 14.2.10.2 Federal Consumer Leasing Act

An unreasonable early termination or default charge violates the federal Consumer Leasing Act (CLA) in two different ways. The CLA requires disclosure of reasonable early termination and default charges.246 If the lessor discloses an unreasonable early termination or default charge, that is a disclosure violation, leading to CLA statutory and actual damages and attorney fees.

The CLA also has a substantive provision prohibiting unreasonable early termination and default charges:

Unfair and Deceptive Acts and Practices: 2.2.11.1 Introduction

This section analyzes the geographical scope of state UDAP statutes. A first question is whether the statute applies to residents of other states. A second question is whether the statute applies to transactions that occur in whole or in part in a different state. These questions are often intertwined, as transactions with out-of-state consumers often occur in whole or in part in another state.

Consumer Bankruptcy Law and Practice: Form 37 Debtor’s Objection to Landlord’s Certification of Illegal Drug Use Relating to Exception to Automatic Stay

[Caption: Official Form 416A]

Debtor’s Objection to Landlord’s Certification of Illegal Drug Use Pursuant to Section 362(m)(2)(A)

[Debtor], the Debtor in the above-captioned case, hereby objects to the certification filed by [landlord] pursuant to 11 U.S.C. 362(b)(23):

1. On [date], the debtor filed a petition under chapter 7 of the Bankruptcy Code, and indicated on the petition that [landlord] had obtained a judgment for possession of his residence.

Consumer Bankruptcy Law and Practice: Form 38 Answer to Motion for Relief from Automatic Stay Raising Avoidability of Transfer to Plaintiff

[Editor’s Note.142] [Caption: Official Form 416A]

Answer to Motion of [name] Mortgage Company for Relief from Automatic Stay

1–4. Admitted.

5–9. It is admitted that Movant filed a complaint in mortgage foreclosure, obtained a “snap” default judgment, and that a sheriff sale was held as indicated. It is also admitted that the property was sold to the Movant. The remaining factual allegations are denied.

Consumer Bankruptcy Law and Practice: Form 42 Motion for Continuation of Automatic Stay in Case Filed Within One Year After Dismissal of Prior Bankruptcy Case

[Editor’s Note.154] [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:

1. The Debtor filed a petition under chapter 13 on [date].

Consumer Bankruptcy Law and Practice: Form 43 Motion to Invoke Automatic Stay in Case Filed Within One Year After Dismissal of Two Prior Bankruptcy Cases

[Editor’s Note.158] [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].

Consumer Bankruptcy Law and Practice: Form 19 Order Confirming Chapter 13 Plan

[Editor’s Note.79] [Caption: Official Form 416A]

Order Confirming Chapter 13 Plan

The Debtors’ plan having been filed on [date], and the plan having been available to creditors [or: transmitted to creditors], the Court after hearing on notice has determined that:

1. The plan complies with the provisions of chapter 13 and all other applicable provisions of title 11 of the United States Code;

Consumer Bankruptcy Law and Practice: Form 20 Motion for Payover Order in Chapter 13

[Editor’s Note.80] [Caption: Official Form 416A]

Motion for Payover Order

The above-named Debtor respectfully represents that:

1. Debtor has filed a petition under chapter 13 of title 11 U.S.C. and proposes to pay debts out of future earnings or wages.

2. Debtor has claimed certain exemptions but has also submitted such portion of his future earnings or other future income to the control of the trustee as is necessary for the execution of the plan.

Consumer Bankruptcy Law and Practice: Form 25 Debtor’s Amendment of Schedules

[Editor’s Note.99] [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

Consumer Bankruptcy Law and Practice: Form 26 Application and Order for Waiver of Filing Fee to Amend Debtor’s Schedule of Creditors

[Editor’s Note.100] [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.