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Consumer Bankruptcy Law and Practice: Form 117 Petition for Writ of Habeas Corpus

[Editor’s Note.349] [Caption: Official Form 416D]

Petition for Writ of Habeas Corpus

1. Petitioner is the debtor in this chapter 13 bankruptcy case. The Court has jurisdiction over this matter under 28 U.S.C. § 1334. This is a core proceeding. Petitioner consents to the entry of final orders or judgment by the Bankruptcy Court in this matter.

2. Respondent is the superintendent of the [name] County Jail.

Consumer Bankruptcy Law and Practice: Exhibit A

Declaration of [Attorney for Plaintiff/Debtor]

[Attorney for plaintiff/debtor] being duly sworn, deposes and says:

1. The summons in this adversary proceeding was issued on [date].

2. The deadline fixed by the court for serving an answer or motion in response to the summons was [date].

3. The complaint was served on the defendant on [date].

4. An affidavit of service was filed with this court on [date].

Consumer Bankruptcy Law and Practice: Form 119 Order for Default

[Caption: Official Form 416D]

Order

AND NOW, this [date] day of [month], [year], upon finding that Defendant has failed to answer or otherwise defend as to the complaint of the Plaintiffs, and upon this Court’s finding that the allegations of the complaint are sufficient to state a good claim for relief, it is hereby ORDERED, ADJUDGED and DECREED that:

The mortgage lien, held by Defendant [creditor] on Plaintiffs’ residence be, and hereby is, declared void.

Consumer Bankruptcy Law and Practice: Form 120 Request for Default Judgment by Clerk

[Editor’s Note.357] [Caption: Official Form 416D]

Request for Default Judgment by Clerk

To the Clerk of the United States

Bankruptcy Court:

Upon the declaration attached hereto kindly enter judgment by default against [creditor], Defendant in the above-captioned action, for $1000 together with interest and costs of suit.

Date:

[signature]

Attorney for Debtor

Declaration

Consumer Bankruptcy Law and Practice: Form 122 Notice of Removal

[Editor’s Note.360] [Caption: Official Form 416D]

Notice of Removal

The Debtor [debtor], by counsel, hereby gives notice of removal on the following grounds:

1. On [date], an action was filed against the Debtor in the [name] Court of [state]. This action, now pending at docket number [number], is entitled [caption].

Consumer Bankruptcy Law and Practice: Form 94 Motion to Avoid Judicial Lien on Residential Real Estate

[Editor’s Note.265] [Caption: Official Form 416A]

Motion to Avoid Judicial Lien

1. Debtors, [debtor 1], and [debtor 2], commenced this case on [date], by filing the above-numbered voluntary petition for relief under chapter 7 of title 11, United States Code.

2. This motion is filed pursuant to 11 U.S.C. § 522(f) to avoid and cancel a judicial lien held by the [creditor] on real property used as the Debtors’ residence.

Consumer Bankruptcy Law and Practice: Form 125 Stipulation That Matter May Be Determined by Bankruptcy Court

[Editor’s Note.366] [Caption: Official Form 416D]

Stipulation That Matter May Be Determined by Bankruptcy Court

It is hereby stipulated, by and between the parties and pursuant to 28 U.S.C. § 157(c)(2), that the Bankruptcy Court may hear this adversary proceeding and enter a final judgment in this matter notwithstanding the fact that it may be a non-core proceeding.

Date:

[signature]

Attorney for Plaintiff

[signature]