Dischargeability of Debts in Bankruptcy

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Dischargeability of Debts in Bankruptcy"

Transcription

1 Achieve your goals Dischargeability of Debts in Bankruptcy An Introduction for Non-Bankruptcy Attorneys Garrett S. Ledgerwood

2 Disclaimer The information in this presentation has been prepared by Hershner Hunter LLP (Hershner Hunter) for general informational purposes only and should not be construed as legal advice or to answer specific legal problems you may have. While we try to ensure the accuracy of the information, we cannot guarantee that all of the information is accurate. The law is constantly changing and varies by circumstance. Therefore, information on a given law or legal issue may not be current or apply to your particular situation. You should not act or refrain from acting upon this information without seeking the advice of professional counsel in your jurisdiction. Viewing and use of any of the information on this site does not create an attorney client relationship between you and Hershner Hunter. Unless otherwise noted, Hershner Hunter attorneys are admitted to practice only in Oregon. This presentation addresses only the law of Oregon and may not be applicable in other jurisdictions.

3 Discharge Generally Section 524 of the Bankruptcy Code: Voids personal liability on a judgment of a discharged debt. 524(a)(1). Operates as an injunction. 524(a)(2). Commencement, process, acts to collect and offset. Prepetition judgment liens survive. Will not attach to post-petition debtor property.

4 Timing of Discharge Chapter 7 Cases Generally, 60 days after meeting of creditors. Rule Meeting of Creditors generally held days after petition date. Chapter 13 Cases After completion of payments under the plan. 1328(a). Automatic stay continues until discharge. 362(c). Chapter 11 Cases On Confirmation for corporate reorgs. 1141(d)(1). After completion of payments for individuals. 1141(d)(5).

5 Denial of Discharge vs. Non-Dischargeability Denial of Discharge = No discharge of any debts. Generally bankruptcy bad acts and prior discharges. Non-Dischargeability = Specific debt is excepted from discharge. Specific debts Congress has determined should not be discharged.

6 Grounds for Denial of Discharge: Ch. 7 SECTION Bases. Debtor transferred, destroyed, or concealed property within 1 year of the bankruptcy filing or after the date of filing, with intent to hinder delay or defraud. (a)(2). Destroyed, falsified or failed to keep and preserve records. (a)(3). Made false oath (schedules and SOFA submitted under penalty of perjury). (a)(4). Fails to explain loss of assets. (a)(5). Disobeys order of court or answer questions (but 5 th Amend. Privilege if no immunity). (a)(6). Prior discharge: 8 years for chapter 7 and 11; 6 years in 12 and 13 (unless 100% or 70% best efforts). (a)(8), (9). Pending proceeding for: Felony + Abuse, Securities Fraud (i.e., the Ken Lay exception), RICO, or Criminal Act/Intentional Tort/Reckless Conduct resulting in serious injury or death in 5 years preceding. (a)(12).

7 Grounds for Denial of Discharge: Ch. 13 Failure to make all payments under the plan, unless: (i) result of circumstances beyond Debtor s control; (ii) liquidation test; and (iii) modification not feasible. 1328(b). No super discharge. 1328(c). Prior Discharge 4 years in 7, 11 and 12 (case filed). 1328(f)(1). 2 years in 13 (very unusual). 1328(f)(2). Pending proceeding for: Felony + Abuse, Securities Fraud (i.e., the Ken Lay exception), RICO, or Criminal Act/Intentional Tort/Reckless Conduct resulting in serious injury or death in 5 years preceding. 1328(h).

8 Grounds for Denial of Discharge: Ch. 11 Same as chapter 13 for individuals. 1141(d)(5). No discharge if liquidating and denial under chapter (d)(3). Excludes corporations because must be an individual under 727(a)(1).

9 Non-Dischargeable Debts Section 523(a) sets out 19 specific debts that are generally excepted from discharge. Range from taxes, student loans, domestic support obligations, restitution, condo fees, and securities fraud. Only applies to debts owed by individuals.

10 Oral Fraud (Financial Condition) Section 523(a)(2)(A) excepts from discharge any debt for money, property or credit obtained by false statements or actual fraud respecting the debtor s financial condition. (i) Luxury goods > $650 in 90 days and (ii) cash advances > $925 in 70 days presumed.

11 Written Fraud (Financial Condition) 523(a)(2)(B) excepts from discharge any debt for money, property or credit obtained by a written statement: That is materially false; Respecting the debtor s financial condition; Reasonably relied; and Intent to deceive.

12 Fiduciary Duty/Embezzlement/Larceny Section 523(a)(4) excepts from discharge debts as a result of: Fraud while acting in fiduciary capacity; Embezzlement; and Larceny

13 Injury to Persons or Property Section 523(a)(6) excepts from discharge debts arising out of the willful and malicious injury by the debtor to another entity or to the property of another entity. Collateral estoppel issues. Section 523(a)(9) excepts from discharge debts arising from death or personal injury caused by DUI.

14 Other Non-Dischargeable Debts Criminal Restitution. Federal under 523(a)(13) For state restitution, see 523(a)(7) and Kelly v. Robinson, 479 U.S. 36 (1986). Unscheduled Debts If no knowledge of case and, for (2), (4) and (6), in time to file non-dischargeability complaint. 523(a)(3). Domestic support obligations. 523(a)(5), (15) Securities Fraud. 523(a)(19).

15 Chapter 13 Super Discharge 1328(a) If a debtor completes plan payments, will receive a discharge of section 523 nondischargeable debts except: (a)(2). Fraud re: financial condition. (a)(3). Unscheduled. (a)(4). Fiduciary fraud/embezzlement/larceny. (a)(5). Domestic support. (a)(8). Student loans. (a)(9). Personal injury DUI. Criminal restitution. 1328(a)(3). Civil restitution/damages under 523(a)(6) in injury or death to a person. 1328(a)(4). No super discharge if do not complete plan. 1328(c).

16 Procedures Objections to Discharge Rule 4004: Contested matter. Commenced by motion in main case. Date of deadline to object will be on Notice of Commencement of Bankruptcy Case (generally 60 days after date first set for meeting of creditors). Local Rule : For 727(a)(12), 1145(b)(5), and 1328(h) motions (pending proceeding for Felony + Abuse, Securities Fraud, RICO, or Criminal Act/Intentional Tort/Reckless Conduct), deadline to object is 60 days after commencement in chapter 7, or as required by order in Chapter 11/13.

17 Procedures Non-Dischargeability Rule 4007 By way of complaint in adversary proceeding. 4007(a), (e); 7001(6). Complaints based on 523(a)(2) and (4) must be filed within 60 days after date first set for meeting of creditors. 4007(b), (c). If hardship discharge in Chapter 13 (did not make all plan payments), deadline to file complaint under 523(a)(6) is 30 days before entry of discharge. 4007(d). Because not included in Super-Discharge. Can move to extend deadline for cause. 4007(c). Other complaints may be filed at any time. 4007(b).

18 Achieve your goals Hershner Hunter LLP 180 East 11th Ave. Eugene, Oregon hershnerhunter.com

BANKRUPTCY INFORMATION SHEET

BANKRUPTCY INFORMATION SHEET BANKRUPTCY INFORMATION SHEET BANKRUPTCY LAW IS A FEDERAL LAW. THIS SHEET GIVES YOU SOME GENERAL INFORMATION ABOUT WHAT HAPPENS IN A BANKRUPTCY CASE. THE INFORMATIONHERE IS NOT COMPLETE. YOU MAY NEED LEGAL

More information

DISCHARGE. The Discharge in Bankruptcy. From an individual. debtor s standpoint, one. of the primary goals of. filing a bankruptcy case

DISCHARGE. The Discharge in Bankruptcy. From an individual. debtor s standpoint, one. of the primary goals of. filing a bankruptcy case The Discharge in Bankruptcy DISCHARGE The bankruptcy discharge varies depending on the type of case a debtor files: chapter 7, 11, 12, or 13. This Public Information Series pamphlet attempts to answer

More information

Bankruptcy Law Firm Ursula Jones, Attorney

Bankruptcy Law Firm Ursula Jones, Attorney ATTORNEY-CLIENT BANKRUPTCY RETAINER AGREEMENT The Client(s) hereby enter into this Attorney-Client Retainer Agreement with Ursula Jones ( Attorney ). 1. TOTAL FEES AND COSTS (a) Fixed Fee: A fixed fee

More information

Re: Dischargeability of Court-Ordered Restitution When the Debtor has Filed a Petition in Bankruptcy

Re: Dischargeability of Court-Ordered Restitution When the Debtor has Filed a Petition in Bankruptcy 1 of 8 6/23/2005 8:28 AM November 30,1994 The Honorable Winona E. Rubin Director of Human Services State of Hawaii 1390 Miller Street Honolulu, Hawaii 96813 Dear Ms. Rubin: Re: Dischargeability of Court-Ordered

More information

QUESTIONS AND ANSWERS ABOUT CHAPTER 13 BANKRUPTCIES 1

QUESTIONS AND ANSWERS ABOUT CHAPTER 13 BANKRUPTCIES 1 QUESTIONS AND ANSWERS ABOUT CHAPTER 7 BANKRUPTCIES What is a Chapter 7 bankruptcy and how does it work? A Chapter 7 bankruptcy case is a proceeding under federal law in which the Debtor seeks relief under

More information

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274)

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274) B 201A (Form 201A) (12/09) WARNING: Effective December 1, 2009, the 15-day deadline to file schedules and certain other documents under Bankruptcy Rule 1007(c) is shortened to 14 days. For further information,

More information

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY 1

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY 1 IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY 1 If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can

More information

Frequently Asked Questions. for. Chapter 7 Debtors

Frequently Asked Questions. for. Chapter 7 Debtors Frequently Asked Questions for Chapter 7 Debtors The information contained in this document is provided as a service to our clients, and does not constitute legal advice. We try to provide quality information,

More information

Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures

Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures This agreement is entered into by and between the undersigned and David Gaffney, Attorney At Law, doing business as Gaffney Law

More information

Chapter 7 Liquidation Under the Bankruptcy Code

Chapter 7 Liquidation Under the Bankruptcy Code From Administrative Office of the United States Courts, Bankruptcy Basics, Public Information Series. Chapter 7 Liquidation Under the Bankruptcy Code The chapter of the Bankruptcy Code providing for "liquidation,"

More information

BANKRUPTCY. Information Provided by Financial Credit Network October, 2011

BANKRUPTCY. Information Provided by Financial Credit Network October, 2011 BANKRUPTCY Information Provided by Financial Credit Network October, 2011 Disclaimer: The information provided by Financial Credit Network is not to be construed as legal advice. Although we go to great

More information

Notice Required by 11 U.S.C. 342(b) and 527(a)

Notice Required by 11 U.S.C. 342(b) and 527(a) 1 P a g e Notice Required by 11 U.S.C. 342(b) and 527(a) In accordance with section 342(b) of the Bankruptcy Code, this notice: (1) Describes briefly the services available from credit counseling services;

More information

NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE

NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code, this notice to individuals with primarily consumer debts: (1) Describes briefly the services

More information

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE B 201A (Form 201A) (11/11) UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code,

More information

INITIAL CONSULTATION AGREEMENT AND REQUIRED NOTICES

INITIAL CONSULTATION AGREEMENT AND REQUIRED NOTICES Law Offices James Palmisano 417 Barre Street Telephone: (800) 585-3169 Montpelier, VT 05602 Facsimile: (802) 229-2733 e-mail: info@vermontbankruptcy.net INITIAL CONSULTATION AGREEMENT AND REQUIRED NOTICES

More information

INITIAL REQUIRED NOTICES FOR BANKRUPTCY CLIENTS

INITIAL REQUIRED NOTICES FOR BANKRUPTCY CLIENTS INITIAL REQUIRED NOTICES FOR BANKRUPTCY CLIENTS You are hereby requesting the opportunity to consult with and obtain information and advice from Michael Jones and the Law Office of James P. Cronn ( Law

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code,

More information

DEBT RELIEF AGENCY CONTRACT

DEBT RELIEF AGENCY CONTRACT DEBT RELIEF AGENCY CONTRACT Federal law requires that we enter into this Debt Relief Agency Contract within three business days after the first date on which we provide any bankruptcy assistance services.

More information

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER.

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER. IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER. If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney

More information

SAMPLE BANKRUPTCY DISCHARGE FORM Page 1 of 2

SAMPLE BANKRUPTCY DISCHARGE FORM Page 1 of 2 One Division Avenue Room 200 Grand Rapids, MI 49503-3132 Phone : (616) 456-2693 http://www.miwb.uscourts.gov/ WHAT IS CHAPTER 7 BANKRUPTCY? Chapter 7 bankruptcy, sometimes call a straight bankruptcy is

More information

Notice to Individual Consumer Debtor Under Section 342(b) and 527(a) of the Bankruptcy Code

Notice to Individual Consumer Debtor Under Section 342(b) and 527(a) of the Bankruptcy Code Notice to Individual Consumer Debtor Under Section 342(b) and 527(a) of the Bankruptcy Code In accordance with section 342(b) of the Bankruptcy Code, this notice: (1) Describes briefly the services available

More information

CHRISTMAN & FASCETTA, LLC FLAT FEE AGREEMENT AND HOURLY FEE PROVISIONS

CHRISTMAN & FASCETTA, LLC FLAT FEE AGREEMENT AND HOURLY FEE PROVISIONS CHRISTMAN & FASCETTA, LLC FLAT FEE AGREEMENT AND HOURLY FEE PROVISIONS, (hereinafter referred to as client or you ), hereby engages the Law Offices of Christman & Fascetta, LLC to prepare and file a Chapter

More information

LIQUIDATION UNDER CHAPTER 7

LIQUIDATION UNDER CHAPTER 7 LIQUIDATION UNDER CHAPTER 7 1. WHAT IS CHAPTER 7 AND HOW DOES IT WORK? Chapter 7 is that part (or chapter) of the Bankruptcy Code that deals with liquidation. The Bankruptcy Code is that part of the federal

More information

A GUIDE TO FILING FOR BANKRUPTCY PROTECTION UNDER CHAPTER 7 OF THE BANKRUPTCY CODE

A GUIDE TO FILING FOR BANKRUPTCY PROTECTION UNDER CHAPTER 7 OF THE BANKRUPTCY CODE A GUIDE TO FILING FOR BANKRUPTCY PROTECTION UNDER CHAPTER 7 OF THE BANKRUPTCY CODE Michael R. Totaro Totaro & Shanahan P.O. Box 789 Pacific Palisades, CA 90272 310 573 0276 (v) 310 496 1260 (f) Mtotaro@aol.com

More information

INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES

INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES 303 Williams Avenue, Park Plaza Suite 921 Huntsville, Alabama 35801 Phone:256.535.0817 Fax: 256.535.0818 Web: www.heardlaw.com INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES

More information

Guam Chamber of Commerce

Guam Chamber of Commerce UNITED STATES TRUSTEE PROGRAM* Guam Chamber of Commerce Bankruptcy Abuse, Creditor Remedies, and the Automatic Stay September 5, 2014 *Cases cited reflect court rulings and do not necessarily reflect the

More information

1. GENERAL PROVISIONS 1.1 UNDERSTANDING ALL MY RIGHTS AND DUTIES

1. GENERAL PROVISIONS 1.1 UNDERSTANDING ALL MY RIGHTS AND DUTIES Chapter 7 Rights and Duties Please read and initial each paragraph. If you are married and filing a joint bankruptcy, both spouses must read and initial each. 1. GENERAL PROVISIONS 1.1 UNDERSTANDING ALL

More information

ATTORNEY-CLIENT BANKRUPTCY RETAINER AGREEMENT

ATTORNEY-CLIENT BANKRUPTCY RETAINER AGREEMENT ATTORNEY-CLIENT BANKRUPTCY RETAINER AGREEMENT The Client(s) hereby enter into this Attorney-Client Retainer Agreement with Law Office of Kristin Marshall, a professional corporation ( Attorney ). 1. TOTAL

More information

Disclosure Pursuant to 11 u.s.c. 527(a)(2)

Disclosure Pursuant to 11 u.s.c. 527(a)(2) Disclosure Pursuant to 11 u.s.c. 527(a)(2) You are notified: 1. All information that you are required to provide with a petition and thereafter during a case under the Bankruptcy Code is required to be

More information

Advanced Bankruptcy for Bankers. Candace C. Carlyon, Esq. www.sheacarlyon.com

Advanced Bankruptcy for Bankers. Candace C. Carlyon, Esq. www.sheacarlyon.com Advanced Bankruptcy for Bankers Candace C. Carlyon, Esq. www.sheacarlyon.com 1 Pre Bankruptcy Review loan files, confirm collateral security, obtain as much information as possible Consider timing of remedies

More information

CLIENT RESPONSIBILITY

CLIENT RESPONSIBILITY RETAINER AGREEMENT FOR Filing a Chapter 7 Bankruptcy BETWEEN FIRM NAME: Paul E. Kauffmann, Attorney at Law ADDRESS: 233 12 th Street, Suite 725 CITY/STATE Columbus, GA 31901 TEL. NO.: 706 566 3434 AND

More information

Small Business and Individual Chapter 11 Cases Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

Small Business and Individual Chapter 11 Cases Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Small Business and Individual Chapter 11 Cases Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 I. Individual Chapter 11 Cases A.A Property of the Estate B Section 1115 1.1 In

More information

Bankruptcy. Individuals and businesses use bankruptcy as a way to obtain relief from debts owed to creditors.

Bankruptcy. Individuals and businesses use bankruptcy as a way to obtain relief from debts owed to creditors. Bankruptcy Document last updated 2/2/2012. Individuals and businesses use bankruptcy as a way to obtain relief from debts owed to creditors. The United States Constitution authorizes Congress to pass uniform

More information

LIQUIDATION UNDER CHAPTER 7 QUESTIONS AND ANSWERS ABOUT CHAPTER 7 BANKRUPTCIES 1

LIQUIDATION UNDER CHAPTER 7 QUESTIONS AND ANSWERS ABOUT CHAPTER 7 BANKRUPTCIES 1 LIQUIDATION UNDER CHAPTER 7 QUESTIONS AND ANSWERS ABOUT CHAPTER 7 BANKRUPTCIES What is a Chapter 7 bankruptcy case and how does it work? A Chapter 7 bankruptcy is a proceeding under federal law in which

More information

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy Chapter 13 Bankruptcy Individual Debt Adjustment The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property

More information

Chapter 13 - Bankruptcy Basics. Background. Advantages of Chapter 13

Chapter 13 - Bankruptcy Basics. Background. Advantages of Chapter 13 Chapter 13 - Bankruptcy Basics This chapter of the Bankruptcy Code provides for adjustment of debts of an individual with regular income. Chapter 13 allows a debtor to keep property and pay debts over

More information

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE B 201 (12/08) UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code, this notice to individuals

More information

Bankruptcy Questions. FAQ > Bankruptcy Questions WHAT IS CHAPTER 7 BANKRUPTCY?

Bankruptcy Questions. FAQ > Bankruptcy Questions WHAT IS CHAPTER 7 BANKRUPTCY? FAQ > Bankruptcy Questions Bankruptcy Questions WHAT IS CHAPTER 7 BANKRUPTCY? Chapter 7 bankruptcy is sometimes called a straight bankruptcy or a liquidation proceeding. The number one goal in an individual

More information

BANKRUPTCY TERMINOLOGY

BANKRUPTCY TERMINOLOGY ADVERSARY PROCEEDING BANKRUPTCY TERMINOLOGY A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the bankruptcy court. ASSUME An agreement to continue performing

More information

Bankruptcy 101 A Guide to Personal Bankruptcy. Brought to you by Jon Martin, Esq. Http://www.TheSinCityLawyer.com

Bankruptcy 101 A Guide to Personal Bankruptcy. Brought to you by Jon Martin, Esq. Http://www.TheSinCityLawyer.com Bankruptcy 101 A Guide to Personal Bankruptcy Brought to you by Jon Martin, Esq. Http://www.TheSinCityLawyer.com Bankruptcy laws help people who can no longer pay their creditors get a fresh start by liquidating

More information

Administrative Office of the United States Courts. Bankruptcy BASICS

Administrative Office of the United States Courts. Bankruptcy BASICS Administrative Office of the United States Courts Bankruptcy BASICS Bankruptcy BASICS Bankruptcy Judges Division Administrative Office of the United States Courts November 2011 Revised Third Edition While

More information

230 West Monroe Suite 240 Chicago, IL 60606 312-372-4400

230 West Monroe Suite 240 Chicago, IL 60606 312-372-4400 230 West Monroe Suite 240 Chicago, IL 60606 312-372-4400 The Porter Law Network is owned by attorney Karen J. Porter. Ms. Porter is licensed in the State of Illinois. Ms Porter has more than 25 years of

More information

ADJUSTMENT OF DEBTS UNDER CHAPTER 13 QUESTIONS AND ANSWERS ABOUT CHAPTER 13 BANKRUPTCIES 1

ADJUSTMENT OF DEBTS UNDER CHAPTER 13 QUESTIONS AND ANSWERS ABOUT CHAPTER 13 BANKRUPTCIES 1 ADJUSTMENT OF DEBTS UNDER CHAPTER 13 QUESTIONS AND ANSWERS ABOUT CHAPTER 13 BANKRUPTCIES What is a Chapter 13 bankruptcy case and how does it work? A chapter 13 bankruptcy case is a proceeding under federal

More information

Pro Se Creditor s Handbook: Information for Persons Owed Money by an Individual or Entity that has Filed for Bankruptcy.

Pro Se Creditor s Handbook: Information for Persons Owed Money by an Individual or Entity that has Filed for Bankruptcy. Pro Se Creditor s Handbook: Information for Persons Owed Money by an Individual or Entity that has Filed for Bankruptcy Introduction This booklet is provided by the Office of the Clerk, United States Bankruptcy

More information

Using Bankruptcy to Help Older Consumers Overwhelmed by Debt

Using Bankruptcy to Help Older Consumers Overwhelmed by Debt Using Bankruptcy to Help Older Consumers Overwhelmed by Debt Sarah Bolling Mancini, Of Counsel at National Consumer Law Center Jerry Battle, Staff Attorney at National Consumer Law Center Beverlie Sopiep

More information

ADJUSTMENT OF DEBTS UNDER CHAPTER 13 QUESTIONS AND ANSWERS ABOUT CHAPTER 13 CASES

ADJUSTMENT OF DEBTS UNDER CHAPTER 13 QUESTIONS AND ANSWERS ABOUT CHAPTER 13 CASES ADJUSTMENT OF DEBTS UNDER CHAPTER 13 QUESTIONS AND ANSWERS ABOUT CHAPTER 13 CASES 1. What is a chapter 13 bankruptcy case and how does it work? A chapter 13 bankruptcy case is a proceeding under federal

More information

Framme Law Firm, PC. Bankruptcy Consultation Agreement

Framme Law Firm, PC. Bankruptcy Consultation Agreement Framme Law Firm, PC Bankruptcy Consultation Agreement 1. Bankruptcy Telephone Consultation Agreement (signature required) 2. Notice Pursuant to 11 USC Section 342(b) (information only) 3. Notice Pursuant

More information

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE OF RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND THEIR ATTORNEYS

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE OF RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND THEIR ATTORNEYS UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In re: Case No. Debtors. NOTICE OF RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND THEIR ATTORNEYS This Notice lists certain responsibilities of debtors

More information

Bankruptcy Basics and Definitions:

Bankruptcy Basics and Definitions: About me: I ve been practicing law for 6 years. Before going to law school I worked at Dakota County as a child support specialist. I found family law to be extremely fascinating and that prompted me to

More information

QUESTIONS CONCERNING BANKRUPTCY

QUESTIONS CONCERNING BANKRUPTCY QUESTIONS CONCERNING BANKRUPTCY The Law Office of Paul D. Post, P.A. is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. The assistance provided to clients may

More information

adversary proceeding - A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court.

adversary proceeding - A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. Terminology adversary proceeding - A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. assume - An agreement to continue performing duties under

More information

COMPLAINT FOR DETERMINATION OF DISCHARGEABILITY AND OBJECTING TO DEBTOR'S DISCHARGE PURSUANT TO SECTIONS 523 AND 727 OF THE BANKRUPTCY CODE

COMPLAINT FOR DETERMINATION OF DISCHARGEABILITY AND OBJECTING TO DEBTOR'S DISCHARGE PURSUANT TO SECTIONS 523 AND 727 OF THE BANKRUPTCY CODE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: Chapter 7 DYLAN BROWN, Debtor. Case No. 05-60220 (ALG) HEARST MAGAZINES, A Division Of HEARST COMMUNICATIONS, INC., -against- Plaintiff,

More information

Thomas M. Gore McCorkle & Johnson, LLP Savannah, Georgia 912-232-6000. Table of Contents. I. Overview of Creditor s Rights...1

Thomas M. Gore McCorkle & Johnson, LLP Savannah, Georgia 912-232-6000. Table of Contents. I. Overview of Creditor s Rights...1 PROTECTING CREDITORS IN BANKRUPTCY Thomas M. Gore McCorkle & Johnson, LLP Savannah, Georgia 912-232-6000 Table of Contents I. Overview of Creditor s Rights...1 A. Overview of Chapters 7, 11, and 13...1

More information

Bankruptcy Q&A. When filing a bankruptcy there are several different chapters under which you can file:

Bankruptcy Q&A. When filing a bankruptcy there are several different chapters under which you can file: Bankruptcy Q&A Chapter 7: What types of bankruptcy are available? When filing a bankruptcy there are several different chapters under which you can file: This is the most basic bankruptcy and is available

More information

A Summary of Significant Amendments to the Bankruptcy Code Contained in BAPCPA 2005

A Summary of Significant Amendments to the Bankruptcy Code Contained in BAPCPA 2005 A Summary of Significant Amendments to the Bankruptcy Code Contained in BAPCPA 2005 Edward P. Jackson 2005 Summary of Significant Amendments to the Bankruptcy Code Contained in BAPCPA 2005 1. Mandatory

More information

EXHIBIT 5 1 Flow Chart for Chapter 7

EXHIBIT 5 1 Flow Chart for Chapter 7 EXHIBIT 5 1 Flow Chart for Chapter 7 The Filing of the Chapter 7 Petition Within 180 days of filing a Chapter 7 petition, an individual debtor must be briefed (including by telephone and on the Internet)

More information

2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors

2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code, this notice to individuals

More information

LAUREN ROSS Attorney at Law 2550 N. Hollywood Way Suite 404 Burbank, CA 91505-5046 Tel.(818) 847-0211 Facsimile (818) 847-0214

LAUREN ROSS Attorney at Law 2550 N. Hollywood Way Suite 404 Burbank, CA 91505-5046 Tel.(818) 847-0211 Facsimile (818) 847-0214 LAUREN ROSS Attorney at Law 2550 N. Hollywood Way Suite 404 Burbank, CA 91505-5046 Tel.(818) 847-0211 Facsimile (818) 847-0214 INITIAL CONSULTATION AGREEMENT AND REQUIRED NOTICES Please Note: These documents

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DUTIES AND RESPONSIBILITIES OF A DEBTOR UNDER CHAPTER 7 AND ATTENDANCE AT THE 341 MEETING OF CREDITORS In either

More information

CASE NO. I (We) hereby certify under penalty of perjury with regard to all secured consumer debts.

CASE NO. I (We) hereby certify under penalty of perjury with regard to all secured consumer debts. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ARIZONA In re: CHAPTER 7 Debtor(s) CASE NO. STATEMENT REGARDING SECURED CONSUMER DEBTS I (We) hereby certify under penalty of perjury with regard

More information

Bankruptcy. published by AAA Fair Credit Foundation

Bankruptcy. published by AAA Fair Credit Foundation Bankruptcy published by AAA Fair Credit Foundation Bankruptcy 1. What is Bankruptcy?..............................................................3 2. Chapters of Bankruptcy...........................................................4

More information

BANKRUPTCY F.A.Q. S WHAT IS CHAPTER 7?

BANKRUPTCY F.A.Q. S WHAT IS CHAPTER 7? BANKRUPTCY F.A.Q. S While the information presented below is accurate as of the date of publication, it should not be cited or relied upon as legal authority. It should not be used as a substitute for

More information

CHARLES (CHUCK) JOHNSON ATTORNEY AT LAW

CHARLES (CHUCK) JOHNSON ATTORNEY AT LAW CHARLES (CHUCK) JOHNSON ATTORNEY AT LAW CHERI KNIGHT SHELLY MUSTAIN 985 KK DRIVE, SUITE 104 PO BOX 1030, OSAGE BEACH, MO 65065 PHONE: 573-348-0503 TOLL FREE: 866-342-6063 FAX: 573-348-0537 E-MAIL: office@charlesjohnsonlaw.com

More information

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE OF RESPONSIBILITIES OF CHAPTER 7 DEBTORS AND THEIR ATTORNEYS

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE OF RESPONSIBILITIES OF CHAPTER 7 DEBTORS AND THEIR ATTORNEYS UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In re: Case No. Debtors. NOTICE OF RESPONSIBILITIES OF CHAPTER 7 DEBTORS AND THEIR ATTORNEYS This Notice lists certain responsibilities of debtors and

More information

SPECIAL ANNOTATED VERSION UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA

SPECIAL ANNOTATED VERSION UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA SPECIAL ANNOTATED VERSION UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA RIGHTS AND RESPONSIBILITIES STATEMENT BETWEEN CHAPTER 13 DEBTORS AND THEIR ATTORNEYS Chapter 13 of the Bankruptcy Code

More information

TYPES OF BANKRUPTCY There are three main types of bankruptcy cases. These are referred to by their chapter number in the Bankruptcy Code.

TYPES OF BANKRUPTCY There are three main types of bankruptcy cases. These are referred to by their chapter number in the Bankruptcy Code. SOME INFORMATION ABOUT BANKRUPTCY People who are having trouble paying their debts sometimes consider bankruptcy as a remedy for this situation. An individual, called a debtor, usually files bankruptcy

More information

Representing Creditors in Consumer Bankruptcy Cases

Representing Creditors in Consumer Bankruptcy Cases 4 Representing Creditors in Consumer Bankruptcy Cases Michael P. Hogan Craig B. Rule Marcy J. Ford John P. Kapitan I. Overview 4.1 II. General Considerations A. Filing Proofs of Claim 4.2 B. The Automatic

More information

527(a)(2) Disclosure

527(a)(2) Disclosure 342(b) Disclosure UNITED STATES BANKRUPTCY COURT - District of Utah In accordance with 342(b) of the Bankruptcy Code, this notice: (1) Describes briefly the services available from credit counseling services;

More information

BANKRUPTCY THE BASICS

BANKRUPTCY THE BASICS Law Offices of Nakita R. Blocton A Limited Liability Company 950 22 nd Street North, Suite 715, Birmingham, Alabama 35203 - Post Office Box 2783, Birmingham, Alabama 35202 Telephone: (205) 251-8747 Fax:

More information

BANKRUPTCY ISSUES RELATED TO MORTGAGE FORECLOSURES

BANKRUPTCY ISSUES RELATED TO MORTGAGE FORECLOSURES TABAS FREEDMAN Attorneys One Flagler Building 14 Northeast First Avenue, Penthouse Miami, Florida 33132 Telephone 305.375.8171 Facsimile 305.381.7708 www.tabasfreedman.com Gary M. Freedman gfreedman@tabasfreedman.com

More information

Individual Bankruptcy A Client's Guide to the Language and Procedure

Individual Bankruptcy A Client's Guide to the Language and Procedure Individual Bankruptcy A Client's Guide to the Language and Procedure BAKKE NORMAN L A W O F F I C E S Welcome Thank you for considering Bakke Norman, S.C. to represent your interests. This booklet will

More information

Frequently Asked Questions Quick Reference Table

Frequently Asked Questions Quick Reference Table Frequently Asked Questions Quick Reference Table Question Chapter 7 Chapter 13 What occurs when an NCP files for bankruptcy? How does the obligor pay prepetition debt during the bankruptcy? What will happen

More information

BANKRUPTCY LAW MANUAL

BANKRUPTCY LAW MANUAL BANKRUPTCY LAW MANUAL FIFTH EDITION THE HONORABLE NANCY C. DREHER CHIEF UNITED STATES BANKRUPTCY JUDGE, DISTRICT OF MINNESOTA MEMBER, UNITED STATES EIGHTH CIRCUIT BANKRUPTCY APPELLATE PANEL (1997-2005)

More information

Bankruptcy Made Easy - What you need to know

Bankruptcy Made Easy - What you need to know Midwest Bankruptcy Attorneys Bankruptcy Made Easy - What you need to know Presented by: (312) 836-0455 contact@midwestbankruptcyattorneys.com Midwest Bankruptcy Attorneys LLC is a debt relief agency. We

More information

Williams Bankruptcy A Debt Relief Agency helping people eliminate debt and obtain relief under Chapter 7 of the Bankruptcy Code

Williams Bankruptcy A Debt Relief Agency helping people eliminate debt and obtain relief under Chapter 7 of the Bankruptcy Code A Publication of the Law Office of Richard L. Williams Williams Bankruptcy A Debt Relief Agency helping people eliminate debt and obtain relief under Chapter 7 of the Bankruptcy Code Tips for Questionnaire

More information

A decision to file for bankruptcy should be made only after determining that bankruptcy is the best way to deal with your financial problems.

A decision to file for bankruptcy should be made only after determining that bankruptcy is the best way to deal with your financial problems. A decision to file for bankruptcy should be made only after determining that bankruptcy is the best way to deal with your financial problems. This booklet cannot explain every aspect of the bankruptcy

More information

Bankruptcy BASICS. Leonidas Ralph Mecham, Director. Administrative Office of the United States Courts

Bankruptcy BASICS. Leonidas Ralph Mecham, Director. Administrative Office of the United States Courts Bankruptcy BASICS Leonidas Ralph Mecham, Director Administrative Office of the United States Courts Bankruptcy BASICS A Public Information Series of the Bankruptcy Judges Division THE PAMPHLET The Bankruptcy

More information

Introduction. April 2014. Contents

Introduction. April 2014. Contents April 2014 In re Hawker Beechcraft, Inc.: Southern District of New York Holds that a Private Whistleblower May Assert Non-Dischargeable Claims under the False Claims Act at Any Time Contents Introduction

More information

SEND ALL PAYMENTS TO: Chapter 13 Trustee 191 Peachtree Street, N.E. Suite 2200 Atlanta, GA 30303

SEND ALL PAYMENTS TO: Chapter 13 Trustee 191 Peachtree Street, N.E. Suite 2200 Atlanta, GA 30303 PUT YOUR CHAPTER 13 CASE NUMBER ON ALL PAYMENTS AND CORRESPONDENCE SENT TO YOUR TRUSTEE SEND ALL PAYMENTS TO: Chapter 13 Trustee 191 Peachtree Street, N.E. Suite 2200 Atlanta, GA 30303 This booklet was

More information

Bankruptcy BASICS (Applicable to Cases Filed BEFORE October 17, 2005)

Bankruptcy BASICS (Applicable to Cases Filed BEFORE October 17, 2005) Bankruptcy BASICS (Applicable to Cases Filed BEFORE October 17, 2005) Leonidas Ralph Mecham, Director Administrative Office of the United States Courts Bankruptcy BASICS Leonidas Ralph Mecham, Director

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION www.flmb.uscourts.gov ORDER CONFIRMING PLAN

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION www.flmb.uscourts.gov ORDER CONFIRMING PLAN UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION www.flmb.uscourts.gov In re: Case No. Chapter 13 Debtor. 1 / ORDER CONFIRMING PLAN THIS CASE came on for a hearing on *, 201* following

More information

RIGHTS AND RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND ATTORNEYS

RIGHTS AND RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND ATTORNEYS Filer s Name, Address, Phone, Fax, Email: UNITED STATES BANKRUPTCY COURT DISTRICT OF HAWAII 1132 Bishop Street, Suite 250 Honolulu, Hawaii 96813 hib_2016-1g1 (12/09) Debtor: Case No.: Joint Debtor: (if

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA CHAPTER 13 PLAN [MOTION FOR FRBP RULE 3012 VALUATION HEARING]

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA CHAPTER 13 PLAN [MOTION FOR FRBP RULE 3012 VALUATION HEARING] UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA CHAPTER 13 PLAN [MOTION FOR FRBP RULE 3012 VALUATION HEARING] Original plan Amended plan -- Date amended: The debtor's future earnings are submitted

More information

SELF-EXECUTING DISCHARGE EXCEPTION MAY SAVE $2.3 BILLION WHISTLEBLOWER SUIT AGAINST REORGANIZED DEBTOR

SELF-EXECUTING DISCHARGE EXCEPTION MAY SAVE $2.3 BILLION WHISTLEBLOWER SUIT AGAINST REORGANIZED DEBTOR April 17, 2014 SELF-EXECUTING DISCHARGE EXCEPTION MAY SAVE $2.3 BILLION WHISTLEBLOWER SUIT AGAINST REORGANIZED DEBTOR In a matter of first impression, the United States District Court for the Southern

More information

Collection Bankruptcy Overview

Collection Bankruptcy Overview Collection Bankruptcy Overview Small Business/Self-Employed Division January 25, 2011 The information contained in this presentation is current as of the date it was presented. It should not be considered

More information

Filing Bankruptcy: General Information. Debts

Filing Bankruptcy: General Information. Debts Filing Bankruptcy: General Information The Big Picture The Big Picture when it comes to Bankruptcy is this: the person or entity that owes money and needs relief from creditors (the debtor ) is making

More information

Lindy Madill, Esq. CHAPTER 7 BANKRUPTCY RETAINER AGREEMENT

Lindy Madill, Esq. CHAPTER 7 BANKRUPTCY RETAINER AGREEMENT Lindy Madill, Esq. CHAPTER 7 BANKRUPTCY RETAINER AGREEMENT The undersigned client ( Client ) hereby employs Lindy Madill, Esq. ( Attorney ) whose principal office is located at 4530 Lamplighter Lane, Manlius,

More information

NONBANKRUPTCY ALTERNATIVES:

NONBANKRUPTCY ALTERNATIVES: This handout discusses bankruptcy issues military members and their dependents may face. Discussion can only be in general terms since this is a complex area and the law changes often. Although military

More information

INTRODUCTION TO BANKRUPTCY CODE REMEDIES. 101 Overview...1. 115 Glossary...2. 125 Advantages and Disadvantages of Tax Remedies...6

INTRODUCTION TO BANKRUPTCY CODE REMEDIES. 101 Overview...1. 115 Glossary...2. 125 Advantages and Disadvantages of Tax Remedies...6 INTRODUCTION TO BANKRUPTCY CODE REMEDIES 101 Overview...1 115 Glossary...2 125 Advantages and Disadvantages of Tax Remedies...6.01 Tax Code remedy: statute of limitation on collection.6.02 Tax Code remedy:

More information

BANKRUPTCY CONSULTATION DISCLOSURES AND AGREEMENT

BANKRUPTCY CONSULTATION DISCLOSURES AND AGREEMENT DEMPSEY, ROBERTS & SMITH, LTD. ATTORNEYS AT LAW 1130 Wigwam Parkway, Henderson, Nevada 89074 702-388-4401 800-566-4775 (in Nevada only) Fax: 702-388-2519 BANKRUPTCY CONSULTATION DISCLOSURES AND AGREEMENT

More information

BOOK SIX: BANKRUPTCY. NFCC Counselor Certification 2005V1. 2005 Copyright by the National Foundation for Credit Counseling. All rights reserved.

BOOK SIX: BANKRUPTCY. NFCC Counselor Certification 2005V1. 2005 Copyright by the National Foundation for Credit Counseling. All rights reserved. BOOK SIX: BANKRUPTCY NFCC Counselor Certification 2005V1 2005 Copyright by the National Foundation for Credit Counseling. All rights reserved. Book Six - Bankruptcy Table of Contents Page Number Counselor

More information

Bankruptcy in Florida

Bankruptcy in Florida Bankruptcy in Florida SOME INFORMATION ABOUT BANKRUPTCY People who are having trouble paying their debts sometimes consider bankruptcy as a remedy for this situation. An individual, called a debtor, usually

More information

WHAT YOU SHOULD KNOW ABOUT YOUR CHAPTER 13

WHAT YOU SHOULD KNOW ABOUT YOUR CHAPTER 13 WHAT YOU SHOULD KNOW ABOUT YOUR CHAPTER 13 YOUR TRUSTEE S NAME, ADDRESS, AND TELEPHONE NUMBER: Nancy J. Whaley Standing Chapter 13 Trustee 303 Peachtree Center Avenue SunTrust Plaza Garden Offices, Suite

More information

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Attachment 1 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Identification of Child Support Obligation: Question 1: How will bankruptcy trustees determine the existence of family support

More information

Income Tax Discharge Considerations in an Individual Debtor s Chapter 7 Bankruptcy

Income Tax Discharge Considerations in an Individual Debtor s Chapter 7 Bankruptcy Income Tax Valuation Insights Income Tax Discharge Considerations in an Individual Debtor s Chapter 7 Bankruptcy Robert F. Reilly, CPA, and Ashley L. Reilly Many professional practitioners and small business

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION In re: JON J. HAMMILL, UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case No. 8:09-bk-2272-CPM Debtor. Chapter 7 / DONALD F. WALTON United States Trustee for Region 21, Plaintiff

More information

CHAPTER 10 TRUSTEES, EXAMINERS AND CREDITORS COMMITTEES

CHAPTER 10 TRUSTEES, EXAMINERS AND CREDITORS COMMITTEES CHAPTER 10 TRUSTEES, EXAMINERS AND CREDITORS COMMITTEES THE US TRUSTEES PROGRAM A BRIEF HISTORY LESSON: was an experiment in some districts when the Bankruptcy Code first became effective in 1979. is a

More information

MOUNTAIN POST LEGAL BRIEF. A Preventive Law Service of The Office of the Staff Judge Advocate. Headquarters, Fort Carson

MOUNTAIN POST LEGAL BRIEF. A Preventive Law Service of The Office of the Staff Judge Advocate. Headquarters, Fort Carson REVISED APRIL 2010 MOUNTAIN POST LEGAL BRIEF A Preventive Law Service of The Office of the Staff Judge Advocate Headquarters, Fort Carson Keeping You Informed On Personal Legal Affairs BANKRUPTCY MATTERS

More information

DEBTOR EDUCATION CERTIFICATES: These must be filed with the Bankruptcy Court. Do NOT send a copy to me.

DEBTOR EDUCATION CERTIFICATES: These must be filed with the Bankruptcy Court. Do NOT send a copy to me. DINA L. ANDERSON, CHAPTER 7 TRUSTEE MAILING ADDRESS: 21001 N. Tatum Blvd., #1630-608, Phoenix, AZ 85050 EMAIL: general@dlatrustee.com* PHONE: 480-304-8312* Case No. I have been appointed as the Trustee

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION. v. AP No. 08-70044 MEMORANDUM OF DECISION

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION. v. AP No. 08-70044 MEMORANDUM OF DECISION Document Page 1 of 16 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION IN RE: DENISE L. EVANS, Case No. 08-71204-CMS-07 Debtor. PREMIER SELF STORAGE, LLC., Plaintiff,

More information