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Consumer Bankruptcy Law and Practice: Form 162 Debtor’s Amended Plan Permitting Mortgage Refinancing to Pay Off Plan

[Editor’s Note.451] [Caption: Official Form 416A]

Amended Chapter 13 Plan Permitting Mortgage Refinancing to Pay Off Plan

1. If the instant estate were liquidated under chapter 7 of the Bankruptcy Code, the allowed unsecured claimants would be paid $0.00.

2. Under this plan the allowed unsecured claimants will receive not less than that amount.

3. The Debtor shall submit to the supervision and control of the trustee the following sums:

Consumer Bankruptcy Law and Practice: Form 166 Debtor’s Notice to Convert Case From Chapter 13 to Chapter 7

[Editor’s Note.460] [Caption: Official Form 416A]

Debtor’s Notice to Convert Case from Chapter 13 to Chapter 7

The Debtors, pursuant to 11 U.S.C. § 1307(a), hereby elect to convert the above-captioned chapter 13 case to a case under chapter 7 of the Bankruptcy Code. The Debtors are entitled to convert their case because:

1. This case, filed on [date], is a case under chapter 13 of the Bankruptcy Code.

Consumer Bankruptcy Law and Practice: Form 167 Supplemental Schedule of Debts Arising After Filing of the Petition, But Prior to Conversion to Chapter 7

[Editor’s Note.461] [Caption: Official Form 416A]

Supplemental Schedule of Debts Arising After Filing of the Petition, But Prior to Conversion to Chapter 7

Pursuant to Federal Rule of Bankruptcy Procedure 1019(5), the following debts arose subsequent to the filing date of the petition in this matter, and prior to the date on which this case was converted to a case under chapter 7:

Consumer Bankruptcy Law and Practice: Form 168 Debtor’s Motion to Convert Chapter 7 Case to Chapter 13

[Editor’s Note.462] [Caption: Official Form 416A]

Debtor’s Motion to Convert Case to Chapter 13

The Debtors, pursuant to 11 U.S.C. § 706(a), hereby elect to convert the above-captioned chapter 7 case to a case under chapter 13 of the Bankruptcy Code. The Debtors are entitled to convert their case because:

1. This case, filed on [date], has not been previously converted under sections 1112 or 1307 of the Bankruptcy Code.

Consumer Bankruptcy Law and Practice: Form 169 Debtor’s Motion to Dismiss Chapter 13 Case

[Editor’s Note.463] [Caption: Official Form 416A]

Debtor’s Motion to Dismiss Chapter 13 Case

The Debtors, pursuant to 11 U.S.C. § 1307(b), hereby elect to dismiss the above-captioned chapter case. The Debtors are entitled to dismiss their case because:

1. This case, filed on [date], is a case under chapter 13 of the Bankruptcy Code.

2. This case has not been previously converted under section 706 or 1112 of the Bankruptcy Code.

Date:

Consumer Bankruptcy Law and Practice: Form 171 Debtor’s Motion to Reopen Case

[Editor’s Note.465] [Caption: Official Form 416A]

Debtor’s Motion to Reopen Case

The Debtor, by counsel, requests that the above-captioned case be reopened pursuant to 11 U.S.C. § 350(b) in order to accord relief to the Debtor and in support thereof avers as follows:

1. The Debtor filed bankruptcy pursuant to chapter 7 of the Bankruptcy Code on [date], and received a discharge pursuant to 11 U.S.C. § 727 on [date].

Consumer Bankruptcy Law and Practice: Form 177 Expedited Motion for Appointment of Committee of Consumer Creditors

[Editor’s Note.476] [Caption: Official Form 416A]

Expedited Motion for Appointment of Committee of Consumer Creditors

Movant, by her attorneys, hereby requests that the Court order the appointment of a committee of consumer creditors on the following grounds:

1. Movant is a creditor of the Debtor.

2. Movant’s claim arises from her prepetition payment of $1150 to the Debtor for home furniture which was never delivered.

Consumer Bankruptcy Law and Practice: Form 182 Chapter 12 Plan

[Editor’s Note.483] [Caption: Official Form 416A]

Chapter 12 Plan

COMES NOW the debtor and debtor-in-possession [debtor], by and through [attorney for debtor], and submits the following chapter 12 plan of reorganization in satisfaction of all claims.

1. On [filing date] (Filing Date), [debtor] filed a Petition under chapter 12 of the United States Bankruptcy Code, 11 U.S.C. §§ 1201–1231 (Code).

Unfair and Deceptive Acts and Practices: 13.2.6.3 Scope Issues

State attorneys general and state regulators may enforce the UDAAP standard or a UDAAP rule against any “covered person”86 as long as the entity that is “State-chartered, incorporated, licensed, or otherwise authorized to do business under State law.”87 The state attorney general—but not a state regulator—can also sue a national bank or federal savings association, but only if it violates a CFPB-issued UDAAP rule.