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Consumer Bankruptcy Law and Practice: Form 65 Debtor’s Motion to Excuse Appearance and to Conduct Meeting of Creditors by Interrogatories

[Editor’s Note.207] [Caption: Official Form 416B]

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 67 Report of Trustee

[Editor’s Note.210] [Caption: Official Form 416B]

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

[Editor’s Note.211] [Caption: Official Form 416A]

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

[Editor’s Note.212] [Caption: Official Form 416A]

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 73 Agreement for Redemption of Property

[Editor’s Note.220] [Caption: Official Form 416A]

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

[Editor’s Note.221] [Caption: Official Form 416A]

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 76 Order Disallowing Undocumented Claim

[Caption: Official Form 416D]

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

[Caption: Official Form 416A]

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 79 Complaint Objecting to Secured Claims for Failure to Comply with Truth in Lending Act and HUD Mortgage Servicing Requirements

[Editor’s Note.229] [Caption: Official Form 416D]

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: Complaint

[Editor’s Note.236] [Caption: Official Form 416D]

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

[Caption: Official Form 416D]

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 85 Debtor’s Requests for Admissions Concerning Value of Security

[Editor’s Note.240] [Caption: Official Form 416D]

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.