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Consumer Bankruptcy Law and Practice: Form 64 Section 341(a) Questions from United States Trustee Chapter 13 Handbook
REQUIRED STATEMENTS/QUESTIONS
1. State your name for the record. Is the address on the petition your current address?
2. Please provide your picture ID and Social Security number card for review.
Consumer Bankruptcy Law and Practice: Form 65 Debtor’s Motion to Excuse Appearance and to Conduct Meeting of Creditors by Interrogatories
Debtor’s Motion to Excuse Appearance and to Conduct Meeting of Creditors by Interrogatories
Debtor, by her attorney, hereby requests this Court to excuse her appearance at a meeting of creditors in this case and to permit the meeting of creditors to be conducted by interrogatories and in support thereof avers as follows:
Consumer Bankruptcy Law and Practice: Form 66 Interrogatories to Debtor in Lieu of Attendance at Meeting of Creditors
Interrogatories to Debtor in Lieu of Attendance at Meeting of Creditors Under § 341(a) of the Bankruptcy Code
1. Please state your full name and current address.
2. Do you rent or own your home?
3. Have you filed a petition seeking relief under the Bankruptcy Code?
Consumer Bankruptcy Law and Practice: Form 67 Report of Trustee
Report of Trustee and Order Approving Trustee’s Report Setting Aside Certain Property to the Debtor, Discharging Trustee and Closing Case
AND NOW, this [date] day of [month], [year], the following Report is made:
1. The below-named person was duly appointed to serve as the interim trustee pursuant to section 701 of title 11, United States Code.
Consumer Bankruptcy Law and Practice: Form 68 Priority Proof of Claim by Debtor
Priority Proof of Claim by Debtor
1. The undersigned, who is filing this proof of claim, is the Debtor in this case.
2. This claim is filed in the name of [creditor], of [address], who asserts a claim against the Debtor in the sum of $[amount].
3. The consideration for this debt or the ground for this liability is as follows: [describe consideration].
Consumer Bankruptcy Law and Practice: Form 69 Proof of Secured Claim by Debtor
Proof of Secured Claim by Debtor
1. The undersigned, who is filing this proof of claim on behalf of the holder of claims against Debtor, is the Debtor in this case.
2. This claim is filed in the name of [creditor], of [address], who asserts a secured claim against the Debtor in the amount of $[amount].
Consumer Bankruptcy Law and Practice: Form 70 Proof of Claim by Debtor on Wholly Unsecured Lien
Proof of Claim by Debtor
1. [Debtor], who is filing this proof of claim through her attorney, is the Debtor in this case and resides at [address].
2. The claim is filed in the name of [creditor], of [address], which asserts a claim against the Debtor in the amount of $5491.20.
Consumer Bankruptcy Law and Practice: Form 71 Motion to Sell Property Free and Clear of Liens
Motion to Sell Property Free and Clear of Liens
1. This motion is filed by [debtor], Debtor in the above-captioned proceeding, to obtain this Court’s permission for the sale of her home free and clear of liens.
2. This Court has exclusive jurisdiction over the property in question under 28 U.S.C. § 1334. This is a core matter.
Consumer Bankruptcy Law and Practice: Form 72 Debtor’s Motion to Redeem Property Pursuant to 11 U.S.C. § 722
Debtor’s Motion to Redeem Property Pursuant to 11 U.S.C. § 722
1. Movant is one of the Debtors in the above-captioned chapter 7 case. This matter is a core matter.
2. Among the dischargeable consumer debts listed in the petition filed herein was a loan from [creditor] secured by an automobile owned by Movant.
Consumer Bankruptcy Law and Practice: Form 73 Agreement for Redemption of Property
Agreement for Redemption of Property
It is hereby agreed, by and between the Debtor in this bankruptcy case and [creditor], holder of a purchase money security interest in the Debtor’s automobile, that:
1. The value of the said automobile is $1000.
2. The security interest of [creditor] is valid and enforceable despite the Debtor’s bankruptcy case.
Consumer Bankruptcy Law and Practice: Form 74 Objection to Proof of Claim
Objection to Proof of Claim
Debtor, by counsel, objects to Proof of Claim Number Three, filed by [creditor] in the amount of $2139.37, for the following reasons:
1. The proof of claim does not comply with Federal Rule of Bankruptcy Procedure 3001(c)(1) because although the claim is alleged to be based upon a writing, a copy of the writing is not attached to the proof of claim.
Consumer Bankruptcy Law and Practice: Form 75 Complaint Objecting to Undocumented Credit Card Claim
Complaint Seeking Disallowance of Proof of Claim and Other Relief
Debtors, by counsel, object to Proof of Claim Number Four, filed by [claimant] in the amount of $3408.59 and assign the following reasons for same:
Consumer Bankruptcy Law and Practice: Form 76 Order Disallowing Undocumented Claim
Order
AND NOW, this [date] day of [month], [year], upon consideration of the Debtors’ objection and the proceedings thereon it is hereby ORDERED, ADJUDGED AND DECREED:
1. The claim filed by [claimant] is disallowed.
2. [Claimant] and its attorney shall pay to the Debtor’s attorney the sum of $1200.
Consumer Bankruptcy Law and Practice: Form 77 Objection Seeking Reduction of Claim Amount Based on Creditor’s Refusal to Negotiate Repayment Plan
Objection Seeking Reduction of Claim Amount Pursuant to Section 502(k)
Debtors, by counsel, object to Proof of Claim Number Six, filed by [claimant] in the amount of $4508, and seek a reduction of the claim amount pursuant to 11 U.S.C. § 502(k). In support of this Motion, the Debtors state:
1. On [date], [claimant] filed a Proof of Claim in the amount of $4508 on an unsecured credit card debt owed by the Debtors.
Consumer Bankruptcy Law and Practice: Form 78 Complaint Objecting to Frivolous Priority Claim and Request for Sanctions
Complaint Objecting to Claim of the Traffic Court and Request for Sanctions
The Debtors, [debtors], by their counsel, hereby object to the claim filed by the [city] Traffic Court in the above-captioned case. The grounds for their objection are as follows:
Consumer Bankruptcy Law and Practice: Form 79 Complaint Objecting to Secured Claims for Failure to Comply with Truth in Lending Act and HUD Mortgage Servicing Requirements
Complaint
1. This adversary proceeding is brought by the Debtor pursuant to 11 U.S.C. § 502, to object to the allowed secured claim of Defendant [creditor] on the basis that a portion of its claim is unenforceable against the Debtor under applicable law, and to assert counterclaims against Defendant.
Consumer Bankruptcy Law and Practice: Form 80 Complaint Objecting to Secured Claim and Seeking to Enforce Truth in Lending Rescission
Complaint to Determine Validity and/or Extent of Secured Claim
Preliminary Statement
Consumer Bankruptcy Law and Practice: Complaint
Complaint Objecting to Secured Claim
1. On [date], Debtor herein filed a voluntary petition under chapter 13 of the Bankruptcy Code. Therefore, this Court has jurisdiction over this proceeding pursuant to 28 U.S.C. § 1334. This proceeding is a core proceeding. The Debtor consents to the entry of final orders or judgment by the Bankruptcy Court in this matter.
Consumer Bankruptcy Law and Practice: Form 82 Judgment Order Disallowing Secured Claim
Order
AND NOW, this [date] day of [month], [year], upon consideration of the Debtor’s complaint and the proceedings thereon it is hereby ORDERED, ADJUDGED AND DECREED:
1. That the security interest claimed by [creditor] in [address of debtor’s home], dated [date], and recorded in the Department of Records of [county] in Mortgage Book No. [number], page [number], is void, and
Consumer Bankruptcy Law and Practice: Form 83 Complaint Objecting to Secured Claim on the Basis of Usury and Warranty Defenses
Complaint
I. Preliminary Statement
1. This is an action by a consumer debtor against a finance company asserting usury claims under the state Unfair Trade Practices and Consumer Protection Act, [citation], and for breach of warranty.
II. Jurisdiction
2. Jurisdiction is provided by 28 U.S.C. § 1334.
Consumer Bankruptcy Law and Practice: Form 84 Complaint or Motion to Determine Value of Security and Creditor’s Allowed Secured Claim
Debtor’s Complaint Pursuant to 11 U.S.C. § 506(a) and Bankruptcy Rule 3012 to Determine the Value of Security and Creditor’s Allowed Secured Claim
Consumer Bankruptcy Law and Practice: Form 85 Debtor’s Requests for Admissions Concerning Value of Security
Debtor’s Requests for Admissions
Debtor [name] requests [auto finance creditor] to admit, pursuant to Federal Rule of Bankruptcy Procedure 7036, for purposes of this action only, the truth of the following statements of fact or of application of law to fact:
1. The Kelley Blue Book is a recognized authority on the value of used vehicles.
Consumer Bankruptcy Law and Practice: Form 115 Plaintiff’s Request for Documents
Plaintiffs’ Request for Documents
Plaintiffs request, pursuant to Rule 7034 of the Federal Rules of Bankruptcy Procedure, that Defendant produce a copy of each of the following documents to be sent to the office of Plaintiffs’ attorney within thirty (30) days of this request.
Consumer Bankruptcy Law and Practice: Form 116 Defendant’s Request for Admissions
Defendants’ Request for Admissions
Defendants request Plaintiff to admit, pursuant to Federal Rule of Bankruptcy Procedure 7036, for the purpose of this action only, the truth of the following statements of fact or of application of law to fact: