Sunday, November 30, 2008
LOAN CANCELLATIONS AND DISCHARGE
All loans received under programs authorized by Title IV, of the Higher Education Act can be canceled for several different circumstances including: (1) in the event of your death; or (2) if you become totally and permanently disabled after the loan is disbursed.
In addition, some loan types may qualify for loan discharge under a variety of conditions. Some of the most common cancellation provisions are listed for you below:
the school you attended improperly certified your ability to benefit from the training given.
the school you attended closed while you were in attendance or within 90 days after you withdrew from the school.
A National Defense Student Loan can be canceled in 2 additional circumstances: (1) full-time teaching and (2) military service.
Finally, your obligation to repay your loan may be discharged in bankruptcy. (Ed. note: good flippin' luck; see undue hardship grounds below to qualify)
Also please visit the Discharges section of the main FSA site for additional information on loan cancellation and discharges.
In the event of the borrower's death, or on or after July 23, 1992 the death of the student for whom a parent received a PLUS loan, the obligation of the borrower and any endorser to make any further payments on the loan is discharged.
To verify a borrower's death, the servicing agency must have the original, certified copy, or clear, accurate, and complete photocopy of the original or certified death certificate. The U.S. Department of Education cannot accept a faxed copy.
Total and Permanent Disability
If a physician (doctor of medicine or osteopathy) certified that you are totally and permanently disabled and you meet certain other requirements during a 3 year conditional discharge period your loan(s) may be discharged.
You may request a "Loan Discharge Application: Total and Permanent Disability" from our forms request page.
If you received a Direct Loan or a Federal Family Education Loan (FFEL) Program Loan on or after January 1, 1986, you may qualify for a False Certification discharge if you (or the student for whom a parent received a PLUS loan) received a loan that was falsely certified by an eligible school. Your eligibility to borrow is considered to have been falsely certified if the school--
Admitted you on the basis of ability to benefit from its training and you did not meet the applicable requirements for admission on the basis of ability to benefit; or
Signed your name without your authorization on the loan application or promissory note; or
You have a physical, mental, or legal status or condition at the time of enrollment that would legally bar employment in your field of study.
You are the victim of identity theft.
In order to permit a student to borrow a Federal Direct Loan or FFEL Program Loan, schools are required to certify that student borrowers who lack a high school diploma or GED have the ability to benefit from the training offered by the institution.
False certification of a student borrower's eligibility occurs, for example, if the school failed to test such a student's ability to benefit or conducted testing in an improper manner. Schools may satisfy the ability to benefit requirements, for example, by testing students or offering courses in remedial education.
Misrepresentations, by the school, on the other hand, regarding the school's educational program or its financial or administrative capability, including the school's placement services or the quality of the school's facilities, faculty, or equipment are not part of the process of "certification" of the student's eligibility to borrow and do not entitle the borrower to False Certification loan discharge.
If your loan is discharged, you will not owe any more payments on the loan, and you will get a refund of payments you have made in the past. Also, if the loan is discharged, the servicing agency will tell credit reporting agencies that the loan was discharged, and any adverse credit history resulting from nonpayment of the discharged loan will be deleted. In addition, your discharged loan will not prevent you from applying for federal student financial aid.
You may request a "Loan Discharge Application: False Certification of Ability to Benefit , Loan Discharge Application: False Certification (Disqualifying Status), Loan Discharge Application: Unauthorized Signature/Unauthorized Payment", or "Loan Discharge Application: False Certification (Identity Theft)" by clicking here or by contacting us.
If you received a Federal Perkins Loan Direct Loan or FFEL Program Loan on or after January 1, 1986, you may qualify for a Closed School discharge if you (or the student for whom a parent received a PLUS loan) could not complete the program of study for which the loan was intended because the school at which you (or student) were enrolled, closed while you were in attendance, or you (or student) withdrew from the school, or were on an approved leave of absence, not more than 90 days prior to the date the school closed. You must not have completed the program of study through a teach-out at another school or by transferring academic credits or hours earned at the closed school to another school.
If your loan is discharged, you will not owe any more payments on the loan, and you will get a refund of payments you made in the past. Also, if the loan is discharged, the servicing agency will tell credit reporting agencies that the loan was discharged, and any adverse credit history resulting from nonpayment of the discharged loan will be deleted. In addition, your discharged loan will not prevent you from applying for additional federal student financial aid.
If you believe that a school you attended may have closed, you may be able to use the Closed School Database to confirm this and to determine the date the school closed. Please note that the closed school list includes only schools that at one time participated in the federal student aid programs administered by the U.S. Department of Education. A closed school that never participated in the programs administered by the Department will not be on this database.
Please visit our Closed School Information section for more information on this topic.
You may request an "Loan Discharge Application: School Closure" by clicking here or by contacting us to request an application.
The Teacher Loan Forgiveness Program grants loan forgiveness of up to $17,500 for teachers in certain specialties and up to $5,000 for other teachers, who teach for five years in certain low-income schools and meet other requirements. This forgiveness benefit is available to Direct Loan and Federal Family Education Loan (FFEL) program borrowers who did not have an outstanding balance on a Direct Loan of FFEL Program loan on October 1, 1998, or on the date they obtained a Direct Loan of FFEL program loan after October 1, 1998.
If you received a Perkins Loan or a National Direct Student Loan, you may qualify for the teacher loan cancellation.
Please visit the Cancellation/Deferment Options for Teachers Home Page for additional information.
Recipients of a National Defense Student Loan may receive partial cancellation of their loan for their service in the United States Armed Forces if the loan was disbursed after April 13, 1970 and full-time active service began after June 30, 1970.
Recipients of a National Direct Student Loan and Perkins Loan may receive partial cancellation of their loan for their service in the United States Armed Forces if his/her military service was for a full year in a hostile area.
If you believe that you may qualify for cancellation of your loan(s) due to your military service as described above, you should send a copy of your DD214 (discharge form) and letter of explanation to the agency servicing your loan.
Effective October 8, 1998, your obligation to repay Title IV, HEA student loan and grant liabilities can no longer be canceled (discharged) due to bankruptcy, unless you can successfully prove that repayment of the debt would cause "undue hardship" as defined by case law in your jurisdiction. Previously, student loan and grant liabilities could only be canceled (discharged) due to bankruptcy under certain conditions which, in general, depended on the amount of time between the date on which a loan or grant liability was due or the date that the bankruptcy was filed, as well as undue hardship.
Effective May 28, 1991 and prior to October 8, 1998, a loan or grant liability was discharged by entry of a general discharge order if the first payment came due on the debt at least 7 years before the bankruptcy was filed. Prior to 1991 amendments, only five years was required. Any grace periods, forbearance, or deferment must be subtracted from the time elapsed between the first payment due date and the filing date when calculating time in repayment. Debts outstanding for less than the required seven year period could be discharged only if the court made an express finding that the repayment of the debt would place an "undue hardship" on the borrower. These non-dischargeability requirements apply to educational loans received by both student borrowers and by parent borrowers, and apply to loans received by any kind of borrower to pay off prior loans (Consolidation Loans). Dischargeability of these types of debts is governed by 11 U.S.C. 523 (a)(8). In order to determine the dischargeability of a loan, the servicing agency needs the following three pieces of information from you or your attorney:
Notice of First Meeting of Creditors;
List of Creditors (Schedule A-3); and
the Final Discharge Order
Please call us 1-800-621-3115 for additional information on any of the information on this page.
US Department of Education, Federal Student Aid Agency
There are certain debts and obligations that can not be discharged in a Chapter 7 bankruptcy:
Criminal fines and debts -- All court fees and court-ordered judgments related to any criminal activity cannot be discharged. Traffic fines and parking tickets too.
Judgments or debts incurred as a result of personal injury or death to others caused by intentional conduct (e.g., fraud, criminal activity) or reckless conduct (drunk driving).
Student Loans. Although there is a general policy not to discharge student loan debt; in some very rare circumstances, older student loans (seven years of repayments) can be discharged, but only if a severe hardship condition exists.
Taxes -- Federal, state and municipal taxes that became due within the last three years;
Fraudulent debts -- Any debt that the court finds was obtained fraudulently or illegally will not be discharged. For example, if you ran up debt on a credit card shortly before filing bankruptcy (within 60 to 90 days of filing), the court will refuse to discharge that debt. In addition, if you lied on a loan application to obtain funds -- that related debt will not be forgiven in bankruptcy;
Dischargeable debt you incurred to pay off non-dischargeable debt -- For example, you cannot take a cash advance on a credit card to pay off last year's taxes, just so you can write it off in bankruptcy;
Alimony and child support payments (court-ordered) are not dischargeable; divorce and property settlements are not dischargeable unless the other party agrees to it.
The Chapter 13 Alternative for Non Dischargeable Debts
If Chapter 7 bankruptcy doesn't work for you for any of the reasons listed above, or if you fail to qualify for Chapter 7, you might get help in a Chapter 13 bankruptcy. To qualify for Chapter 13 bankruptcy, you must have regular or reasonably predictable income that allows you to catch up on your accrued debts over a 3-5 year period while making your regular monthly payments. However your current debts cannot exceed limits set forth in the Bankruptcy Code ($336,900 unsecured debt, $1,010,650 secured).
Priority debt -- you have a significant amount of priority debt (taxes, wages owed to employees and any social security benefits, pensions, etc.) that would not be dischargeable under a Chapter 7 bankruptcy. Spousal and child support are also priority debts. Marital property settlement("equalization") is not. Priority debts are amortized and repaid under Chapter 13, without accruing interest. If the payments that are required under a Chapter 13 plan are insufficient to fully repay priority debts over the plan period, the balance is not discharged and remains owing thereafter.
Valuable property -- you don't want to turn certain property over to the bankruptcy trustee for auction. For example, a diamond ring that is a family heirloom and which exceeds the value of your allowable exemption.
Secured debt -- you are behind on your mortgage or car payment, but would like to keep these assets. Chapter 13 bankruptcy allows you to keep this property and catch up on arrearages.
Dishonest activity -- you might avoid paying a significant portion of debt incurred from fraud or malicious and criminal activity in a Chapter 13 bankruptcy.
Although Chapter 13 requires debtors to pay back their creditors over a 3-5 year plan, in reality, unsecured creditors are not paid back in full. This is due to the fact that a Chapter 13 debtor is given a budget to live on (see the Means Test)and the rest of his or her earnings is "disposable income" that funds the Chapter 13 plan, with priority claims and secured claims paid first and the balance, or what is left, if any, going to the unsecured creditors. A discharge of unpaid balances does not occur unless and until the Chapter 13 plan is fully performed (paid in full).
Friday, November 28, 2008
Fair Debt Collection Laws require that they leave you alone if you write and tell them to. If they don't, you can sue for damages.
Write a letter that looks like this
City, State, Zip
Name of Collection Agency
City, State, Zip
Re: Notice to Cease Contact: Case # ________
[If the collection agency has sent written notice, your case number is likely in the letter. If you have not received a written notice from the collection agency, tailor this line accordingly. For example, show the date you were contacted by the collection agency.]
To [person whose name appears on agency's notice to you]:
On [date] I was contacted by [name of person who called you] of your agency, who informed me that [name of collection agency] is attempting to collect [amount of claimed debt].
On [date] I received a written notice of the claimed debt, a copy of which is attached.
This is to give you notice to cease all contact with me or anyone else except the creditor about this claimed debt. If you must contact me, please do so in writing and not by telephone.
I look forward to your acknowledgement that you have received this notice by [date that is two weeks from date of letter].
(c) copyright 2008 New Dawn Law all rights reserved
Effective July 1, 2009, it will be unlawful for a foreclosure consultant, as defined in Civil Code Section 2945.1 to engage in the foreclosure consultant business unless it has registered with the Attorney General’s Office at: http://www.ag.ca.gov/register.php. All foreclosure consultants operating in California must post a $100,000 bond and register with Attorney General’s Office by July 1, 2009 and submit the following information:
Name, address, and telephone number;
All names, addresses, telephone numbers, websites, and e-mail addresses used or proposed to be used in connection with their business;
Copies of all advertising;
Copies of each different contract the consultant will use with consumers; and
A copy of its $100,000 bond
For more information please visit: http://ag.ca.gov/consumers/general/foreclosure_reg.php.
From the California Department of Real Estate website:
Advance Fees and Loan Modification Services
If you are behind in your mortgage payments, you may be contacted by individuals or companies that will offer to help you work out a loan modification with your lender or provide other services to you in order to help you prevent a foreclosure on your home.
You must be very careful if you are asked to pay for any of these services in advance, whether in cash, check or by charging your credit card. First, California Civil Code Section 2945, which regulates "foreclosure consultants", forbids anyone who falls under the definition of a “foreclosure consultant”, as well as a real estate licensee, from collecting any advance fees for these types of services if a Notice of Default has been recorded against your property. If your lender has recorded a notice of default, do not pay an advance fee to anyone. There are non-profit agencies that can assist you without charging you a fee and real estate brokers who can represent you for a fee to be paid after they have completed their work. For information on non-profit housing counseling services, use the following links:
* Federal Housing Administration
* Hope Alliance Web site
If a Notice of Default has not been recorded against your property, it may be permissible for a real estate broker to assist you in working out a loan modification or otherwise negotiate a possible resolution to your problem with your lender or loan servicer and ask you for payment in advance for their services. However, the broker must have you sign an agreement that tells you what services will be performed, when they will be performed and how much you must pay. The broker cannot have you sign an agreement until it has been submitted to the Department of Real Estate for review and the broker has received permission to use it and collect the advance fee.
The following individual and corporate real estate brokers have submitted advance fee agreements for loan modification and/or similar services to the Department of Real Estate for review, and have received “no objection” letters regarding their use. CLICK HERE You can obtain information on brokers and their locations by clicking on the “License Number” on the attached list or call (916) 227-0770.
The Department of Real Estate does not approve, endorse, recommend or make any representations about any of the agreements or their terms, or any aspect of a licensee’s business activities. Consumers wishing to contract with a real estate broker for loan modification or any other similar or related services should carefully review the agreement(s) and consider obtaining independent advice before signing an agreement(s) or advancing any fees. Consumers should also consider comparing the services and fees offered by other licensed brokers on the list.
Note: Licensed real estate brokers who provide loan modification or similar services without collecting fees in advance are not required to receive the Department of Real Estate’s permission as long as their services are fully completed before you pay them.
The list is updated on a periodic basis and may not include those which have recently completed the review process.
Before you pay an advance fee to anyone for assisting you, first call the Department of Real Estate at (916) 227-0770 to find out if an advance fee agreement is on file.
California Mortgage Foreclosure Consulting Law
California Foreclosure Law
Without an attorney and the benefit of a "forensic loan audit" that may deliver legal leverage to compel a lender to make a loan modification, foreclosure "consulting" may be of dubious value.
The California State Bar Ethics Advisory On Loan Consulting
Being evicted after foreclosure? Tenant eviction law. State law in California gives you 60 days from foreclosure. Cities have additional laws that may assist you in staying longer, depending on your circumtances. Generally, it is just a matter of time if the new owner after foreclosure wont reach agreement to let you stay on.
Legal issues and bankruptcy questions are frequently complex and individual. The information contained here is intended to be educational only: it is not legal advice nor does it create an attorney client relationship between you, the reader, and the blogger. You should consult with a bankruptcy or other attorney licensed to practice in your state for advice about your particular situation.
The blogger is a California licensed attorney admitted to practice in each of California's US District Courts (Central, Southern, Northern, Eastern) and Bankruptcy Courts and the Ninth Circuit of the US Court of Appeals. Again, he is not your attorney. You are not his client. Any legal information on this blog is for educational purposes and to give general information and a general understanding of the law. It is not to provide specific legal advice. This legal information may or may not be currently accurate. The law changes constantly. The legal information contained on any linked website may or may not be accurate. He is not responsible for linked content, nor will they listen to him in any event.
The blogger is also licensed as a broker by the California Department of Real Estate.
More shuck and jive:
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Thursday, November 27, 2008
You can keep many things of value despite filing for bankruptcy relief. These are "exemptions." See Bankruptcy Schedule C "Property Claimed As Exempt"
You have to choose between
1) federal exemptions and
2) state exemptions to see which is more favorable for your particular circumstances.
California has two "systems" of exemptions that are mutually exclusive. Pick one set or the other, but you cannot "cherry pick." California and other states have a "wild card" exemption that will be attractive to many.
Federal law makes social security benefits exempt in bankruptcy or from creditors claims in state courts
(c) copyright 2008 New Dawn Law
I made this blog. My favorite job was being a lifeguard. I also taught people to swim.
I can't help all of you personally in these treacherous times. There are too many who need help, the surf is too high and the riptides too strong. Some of you I can teach to swim well enough to swim on your own to get yourself out of the surf.
Others will need the help of myself and those like me who know how to swim in these treacherous waters, while carrying another to shore. I will do my best for as many as I can. I have almost drowned myself. I want us all to live to get back into the water and swim another day.
From my reading list
Noriel Roubini - "Da Man"
and of course
Where Do I Start?
Whether bankruptcy is for you is addressed in prior blog posts. Where to start once you've decided that it is can be overwhelming. Start with this information.
The first step is to determine if you qualify for bankruptcy, and if so, in what type of bankruptcy case.
You don't qualify if you've filed for and received a bankruptcy discharge in a Chapter 7 case in the past eight years. If this is not a problem you can go to the next step, the Means Test, which is the gateway to the New Bankruptcy (The Bankruptcy Abuse Protection and Consumer Protection Act of 2005).
Other than certain automatic qualifiers many persons will have to take and pass the Means Test to qualify for Chapter 7 relief,or to determine their time commitment for a Chapter 13 plan or Chapter 11 plan requirements for individuals. See Bankruptcy Basics, below, for descriptions of Chapter 7, Chapter 11, and Chapter 13 bankruptcy cases.
You automatic qualify for Chapter 7 relief, regardless of your income or expenses, if
a) you are a disabled veteran,
b) the majority (50%+) of your debt is business related, taxes, liability for personal injury, or
c) your gross income is no more than the median family income.
If you earn more than the median family income for your state or territory, you will have to take and pass the Means Test to qualify for Chapter 7 relief.
Ready For A Test?
Here are forms and databases you need to determine if you pass the Bankruptcy Means Test.
Legalconsumer.com has a free online Means Test application.
For the self-employed
If you don't pass the Means Test the first couple times, don't despair (unless you're way way off the mark).
Good lawyering might help you with the "six month income average" part of the test and with the deductible expenses. A lawyer can even argue that your higher than national average living expenses are reasonable under the circumstances (for example, your auto and driving expenses are way high because you need to drive far to get to work or for work). It can be tricky. (Cathy Moran, Esq blog.)
Prior to the advent of the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," the most common reason for someone to file under Chapter 13 was to avoid the loss of equity in their home or other property. And while equity protection will continue to be a big reason for people to choose Chapter 13 over Chapter 7, the new rules will force many people to file under Chapter 13 even if they have NO equity. That's because the means test will take into account the debtor's income level.
To apply the means test, the courts will look at the debtor's average income for the 6 months prior to filing and compare it to the median income for that state. For example, the median annual income for a single wage-earner in California is $47,363. If the income is below the median, then Chapter 7 remains open as an option. If the income exceeds the median, the remaining parts of the means test will be applied.
This is where it gets a little bit trickier. The next step in the calculation takes income less living expenses (excluding payments on the debts included in the bankruptcy), and multiplies that figure times 60. This represents the amount of income available over a 5-year period for repayment of the debt obligations.
If the income available for debt repayment over that 5-year period is $10,000 or more, then Chapter 13 will be required. In other words, anyone earning above the state median, and with at least $166.67 per month of available income, will automatically be denied Chapter 7. So for example, if the court determines that you have $200 per month income above living expenses, $200 times 60 is $12,000. Since $12,000 is above $10,000, you're stuck with Chapter 13.
What happens if you are above the median income but do NOT have at least $166.67 per month to pay toward your debts? Then the final part of the means test is applied. If the available income is less than $100 per month, then Chapter 7 again becomes an option. If the available income is between $100 and $166.66, then it is measured against the debt as a percentage, with 25% being the benchmark.
In other words, let's say your income is above the median, your debt is $50,000, and you only have $125 of available monthly income. We take $125 times 60 months (5 years), which equals $7,500 total. Since $7,500 is less than 25% of your $50,000 debt, Chapter 7 is still a possible option for you. If your debt was only $25,000, then your $7,500 of available income would exceed 25% of your debt and you would be required to file under Chapter 13.
To sum up, first figure out whether you are above or below the median income for your state - median income figures are available at the link above.
Be sure to account for your spouse's income if you are a two-income family. Next, deduct your average monthly living expenses from your monthly income and multiply by 60. If the result is above $10,000, you're stuck with Chapter 13. If the result is below $6,000, you may still be able to file Chapter 7. If the result is between $6,000 and $10,000, compare it to 25% of your debt. Above 25%, you're looking at Chapter 13 for sure.
Remember, if Chapter 7 isn't available to you, perhaps Chapter 13 is, and might even be more suitable. More on Chapter 13 especially its power to strip away mortgage liens later.
Finally, for higher asset/liability cases, corporate and partnership (non sole proprietory cases), Chapter 11 is available.   
If bankruptcy is a legal solution for you, start with the certificate of credit counseling you will need to file your consumer bankruptcy case.
This provider of certificates is the lowest cost I have found so far, but dont take my word for it because they change all the time and I may be out of date.
Here's Your Bankruptcy Bonus Gift
When you file, bankruptcy relief is immediate and automatic - the Automatic Stay stops virtually all actions by creditors against you.
But don't wait t get bankruptcy relief until judgment is entered against you in an unlawful detainer! Game over!
Can You Really Do Your Own Bankruptcy Case?
Here's food for thought.
But you can try. Here's one do it yourself book by Nolo Press
Here's another popular Chapter 7 guidebook
And here is a Chapter 7 Case Flow Chart
If you are too poor to even pay the Chapter 7 $299 filing fee, you can apply for a fee waiver, or ask to pay it in (4) installments.
More valuable infomation: The American Bankruptcy Institute
(c) copyright 2008 - 2009 New Dawn Law all rights reserved
Bankruptcy Code (Title 11, United States Code)
Federal Rules of Bankruptcy Procedure
Federal Evidence Code
Local Forms and Rules of the United States Bankruptcy Court Central District of California
(Commonly used forms for debtors are linked)
DRAFT LOCAL BANKRUPTCY RULES FOR PUBLIC COMMENT PERIOD JULY 25, 2008 THROUGH AUGUST 29, 2008
Local Bankruptcy Rules (Draft)
Local Bankruptcy Rules Cross Reference Please note: Because the Local Bankruptcy Rules revision was so comprehensive, a redline version would be meaningless and will not be made available.
INTERIM BANKRUPTCY RULES
Interim Bankruptcy Rules (August 2005)
Interim Bankruptcy Rules (Revised October 13, 2005)
Interim Bankruptcy Rules (Revised October 2006)
ABRIDGED LOCAL BANKRUPTCY RULES - EFFECTIVE JANUARY 22, 2008
Abridged Local Bankruptcy Rules (Complete PDF File)
Appendix I - Local Bankruptcy Rules Forms List
Appendix II - Attorney Discipline Procedures in Bankruptcy Court (General Order No. 96-05)
Appendix III - Adoption of Mediation Program for Bankruptcy Cases and Adversary Proceedings (Second Amended General Order No. 95-01)
Appendix IV - Guidelines for Allowance of Attorneys' Fees in Chapter 13 Cases
Cross Reference Index
Rule 1001-1 through 1073-1
Rule 2002-2 through 2090-1
Rule 3001-1 through 3020-1
Rule 4001-1 through 4008-1
Rule 5003-2 through 5075-1
Rule 6004-1 through 6007-1
Rule 7001-1 through 7069-1
Rule 8000-1 through 8007-1
Rule 9009-1 through 9075-1
UNABRIDGED LOCAL BANKRUPTCY RULES - EFFECTIVE JANUARY 22, 2008
Unabridged Local Bankruptcy Rules (Complete PDF File)
LOCAL BANKRUPTCY RULES FORMS
F 1010-1 Summons and Notice of Status Conference in an Involuntary Bankruptcy Case (Mandatory)
F 1010-2 Summons and Notice of Status Conference in Section 304 Case Ancillary to a Foreign Proceeding (Mandatory)
F 1015-2.1 Statement of Related Cases (Mandatory)
F 1017-1.1 Debtor's Motion to Convert Case under 11 U.S.C. §§ 706(a), 1112(a) (Mandatory)
F 1017-1.2 Order on Debtor's Motion to Convert Case under 11 U.S.C. §§ 706(a), 1112(a) (Mandatory)
(Note: Please RIGHT click HERE to download this to MS-Word format) Effective 07/02/2007 through 01/21/2008)
F 1017-1.3 Notice of Debtor's Motion to Convert Case Under 11 U.S.C. §§ 706(a) (Mandatory)
F 1017-1.4 Debtor's Notice of Conversion Under 11 U.S.C. §§ 1208(a) or 1307(a) (Mandatory)
F 1017-1.5 Order on Debtor's Notice of Conversion Under 11 U.S.C. §§ 1208(a) or 1307(a) (Mandatory) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 2014-1 Statement of Disinterestedness for Employment of Professional Person Under F.R.B.P. 2014 (File with Application for Employment) (Optional)
F 2016-1.1 Notice of Hearing on Application for Payment of Interim or Final Fees and/or Expenses under 11 U.S.C. § 331 or 330 (Optional)
F 2016-1.2 Application for Payment of: Interim Fees and/or Expenses (11 U.S.C. § 331); Final Fees and/or Expenses (11 U.S.C. § 330) (Optional)
F 2016-1.3 Order on Application for Payment of: Interim Fees and/or Expenses (11 U.S.C. § 331); Final Fees and/or Expenses (11 U.S.C. § 330) (Optional) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 2016-2.1 Trustee's Notice of Motion and Motion Under Local Bankruptcy Rule 2016-2 For: Authorization to Employ Paraprofessionals and/or Authorization to Pay Flat Fees Up to Tax Preparer (Optional)
F 2016-2.1A Order on Trustee's Motion Under Local Bankruptcy Rule 2016-2 For Authorization to Employ Paraprofessionals and/or Authorization to Pay Flat Fee to Tax Preparer (Optional) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 2016-2.2 Notice of Motion and Motion No. ____ Under Local Bankruptcy Rule 2016-2 for Approval of Cash Disbursements by the Trustee; Opportunity to Request Hearing; Declaration of Trustee (Optional)
F 2016-2.2A Order on Trustee's Motion No.___ Under Local Bankrutpcy Rule 2016-2 For Approval of Cash Disbursements by the Trustee (Optional) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 2090-1.1 Declaration Re: Limited Scope of Appearance Pursuant to Local Bankruptcy Rule 2090-1 (Optional)
F 2090-1.2 Application of Non-Resident Attorney to Appear in a Specific Case [Local Bankruptcy Rule 2090-1(b)] (Optional)
F 2090-1.3 Order on Application of Non-Resident Attorney to Appear in a Specific Case [Local Bankruptcy Rule 2090-1(b)] (Optional) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 2090-1.4 Substitution of Attorney (Optional)
F 3001.1 Request for Issuance of Notice of Transfer of Claim Pursuant to F.R.B.P. 3001(e) (Optional)
F 3001.2 Notice of Transfer of Claim Pursuant to F.R.B.P. 3001(e) (Optional)
F 3007-1.1 Order on Objection to Claims (Optional) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 3007-1.2 Notice of Trustee's/Debtor in Possession's Request for Copy of Proof of Claim (Optional)
F 3007-1.3 Notice of Objection to Claim (Mandatory)
F 3011-1 Motion for Order Releasing Unclaimed Funds (Optional)
F 3015-1.1 Chapter 13 Plan (Mandatory)
F 3015-1.1A Addendum to Chapter 13 Plan Concerning Debtors Who are Repaying Debt Secured by a Mortgage on Real Property or a Lien on Personal Property the Debtor Occupies as the Debtor's Principal Residence (Optional)
F 3015-1.2 Notice of Section 341(a) Meeting and Hearing on Confirmation of Chapter 13 Plan with Copy of Chapter 13 Plan (Mandatory)
F 3015-1.4 Declaration Setting Forth Postpetition, Preconfirmation Deed of Trust Payments [Local Bankruptcy Rule 3015-1(m)] (Mandatory)
F 3015-1.5 Notice of Motion Under Local Bankruptcy Rules 3015-1(n) and 9013-1(g) to Modify Plan or Suspend Plan Payments (Mandatory)
F 3015-1.5 (REVISED) Notice of Motion Under Local Bankruptcy Rules 3015-1(n) and (w) to Modify Plan or Suspend Plan Payments (Mandatory) Effective 09/01/08
F 3015-1.6 Motion Under Local Bankruptcy Rules 3015-1(n) and 9013-1(g) to Modify Plan or Suspend Plan Payments; Trustee's Comments; Order Thereon (Mandatory)
F 3015-1.6 (REVISED) Motion Under Local Bankruptcy Rules 3015-1(n) and (w) to Modify Plan or Suspend Plan Payments (Mandatory) Effective 09/01/08
F 3015-1.7 Rights and Responsibilities Agreement Between Chapter 13 Debtors and Their Attorneys (Mandatory)
F 3015-1.8 Declaration RE Payment of Domestic Support Obligations (Preconfirmation) (Mandatory)
F 3015-1.9 Declaration RE Tax Returns (Preconfirmation) (Mandatory)
F 3015-1.10 Declaration Setting Forth Post Petition, Preconfirmation Payments on: 1. Leases of Personal Property; 2. Purchase Money Security Liens in Personal Property (Mandatory)
F 3015-1.11 (NEW) Trustee's Comments on or Objection to Application for Supplemental Fees Effective 09/01/08
F 3015-1.12 (NEW) Order on Application for Supplemental Fees (Note: Please RIGHT click HERE to download this to MS-Word format) Effective 09/01/08
F 3015-1.13 (NEW) Trustee's Comments on or Objection To: Effective 09/01/08
F 3015-1.14 (NEW) Order on: (Note: Please RIGHT click HERE to download this to MS-Word format) Effective 09/01/08
F 3017-1 Chapter 11 Disclosure Statement (Note: Please RIGHT click HERE to download this to Wordperfect format)
F 3017-2 Plan Ballot Summary (Optional)
F 3018-1 Chapter 11 Plan (Note: Please RIGHT click HERE to save this to Wordperfect form)
F 4001-1.DEC Declaration of _____ RE: Default Under Adequate Protection Order; Request for Entry of Order Granting Relief From Stay (Mandatory)
Notice of Motion and Motion for (A) Relief From the Automatic Stay under 11 U.S.C. § 362 (Real Property): and (B) Relief from Turnover under 11 U.S.C. § 543 by Prepetition Receiver or Other Custodian (with supporting declarations) (Mandatory) [formerly 350 CUST]
F 4001-1M.ER Extraordinary Relief Attachment (Optional to the Judge) [formerly 350 ER]
F 4001-1M.IS Notice of Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate (Mandatory)
F 4001-1M.NA Notice of Motion and Motion for Relief From the Automatic Stay under 11 U.S.C. § 362 (with supporting declarations) (Action in Non-Bankruptcy Forum) (Mandatory) formerly 350 NA]
F 4001-1M.PP Notice of Motion and Motion for Relief From the Automatic Stay under 11 U.S.C. § 362 (with supporting declarations) (Personal Property) (Mandatory)
F 4001-1M.RP (REVISED) Notice of Motion and Motion for Relief from the Automatic Stay Under 11 U.S.C. § 362 (Real Property) (Mandatory)
F 4001-1M.TCS Trustee’s Notice of Motion and Motion for Order Continuing the Automatic Stay Under 11 § 362 U.S.C.(h)(2), for Adequate Protection and for Delivery of Personal Property in Individual Case (Mandatory)
F 4001-1M.TS Notice of Motion and Motion in Individual Case for Order Confirming Termination of Stay Under 11 U.S.C. §362(j) or that No Stay is in Effect Under 11 U.S.C. § 362(c)(4)(A)(ii) (Mandatory)
F 4001-1M.UD (REVISED) Notice of Motion and Motion for Relief from the Automatic Stay or for Order Confirming that the Automatic Stay Does Not Apply Under 11 U.S.C. § 362(l) (Mandatory)
F 4001-1M.13 Declaration of bottomright for Standing Trustee (Chapter 12 and 13 Cases only; Attach to Stay Motion) (Mandatory) [formerly 350.13]
F 4001-1M.RES Response to Motion for Order to Terminate, Annul, Modify, or Condition the Automatic Stay under 11 U.S.C. § 362 and Declaration(s) in Support (Optional) [formerly 390]
F 4001-1O.CUST Order Granting Motion for (1) Relief From the Automatic Stay under 11 U.S.C. § 362, and (2) Relief from Turnover under 11 U.S.C. § 543 by Prepetition Receiver or Other Custodian (Mandatory) [formerly 351 CUST] (Note: Please RIGHT click HERE to download this to MS-Word format)
F 4001-1O.DENY (REVISED) Order Denying Motion for Relief From the Automatic Stay Under 11 U.S.C. § 362 (Mandatory) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 4001-1O.ER Extraordinary Relief Attachment (Optional to the Judge) [formerly 351 ER] (Note: Please RIGHT click HERE to download this to MS-Word format)
F 4001-1O.NA Order Granting Motion for Relief From the Automatic Stay under 11 U.S.C. § 362 (Action in Non-Bankruptcy Forum) (Mandatory) [formerly 351 NA] (Note: Please RIGHT click HERE to download this to MS-Word format)
F 4001-1O.PP Order Granting Motion for Relief From the Automatic Stay under 11 U.S.C. § 362 (Personal Property) (Mandatory) [formerly 351 PP] (Note: Please RIGHT click HERE to download this to MS-Word format)
F 4001-1O.RP Order Granting Motion for Relief From the Automatic Stay Under 11 U.S.C. § 362 (Real Property) (Mandatory) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 4001-1O.TCS Order Granting Trustee’s Motion for Order Continuing the Automatic Stay, for Adequate Protection and for Delivery of Personal Property in Individual Case (Mandatory) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 4001-1O.IS Order Granting Motion for Order Imposing a Stay or Continuing the Automatic Stay (Mandatory) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 4001-1O.UD Order Granting Motion for Relief From the Automatic Stay under 11 U.S.C. § 362 (Unlawful Detainer) (Mandatory) [formerly 351UD] (Note: Please RIGHT click HERE to download this to MS-Word format)
F 4001-1.2 Debtor’s Further Certification of Cure of Monetary Default Underlying Judgment for Possession of Residential Property and Proof of Deposit (11 U.S.C. § 362(l)(2)) (Optional)
F 4001-1.3 Lessor’s Objection to Debtor’s Certification and/or Debtor’s Further Certification Concerning Residential Property and Notice of Hearing (11 U.S.C. § 362(l)(3)(A)) (Optional)
F 4001-1.4 Lessor’s Certification of (1) Prepetition Eviction Action Seeking Possession of Residential Property Based on Debtor’s Prepetition Endangerment of Property or Illegal Use of a Controlled Substance, or (2) Endangerment of the Property or Illegal Use of a Controlled Substance within the Last 30 Days (11 U.S.C. § 362(b)(23)) (Optional)
F 4001-1.5 (Debtor’s Objection to Lessor’s Certification and Notice of Hearing (11 U.S.C. § 362(m)(2)(A) and (B)) (Optional)
F 4001-2 Statement Pursuant to Local Bankruptcy Rule 4001-2 (Cash Collateral Stipulations) (Optional)
F 4008-1.1 Reaffirmation Agreement (Mandatory) (Note: F4008.1-1 is replaced by Form 240A)..... Order on Reaffirmation Agreement Form 240B
F 4008-1.2 Notice of Hearing RE: Reaffirmation Agreement (Mandatory)
F 4008-1.3 Order Disapproving Reaffirmation Agreement with Notice of Entry (Optional) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 4008-1.4 Order Approving Reaffirmation Agreement with Notice of Entry (Optional) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 5010-1.1M (NEW) Debtor's Motion to Reopen Case and For Extension of Time to File Debtor's Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management (Mandatory)
F 5010-1.1O (NEW) Order on Debtor's Motion to Reopen Case and For Extension of Time to File Debtor's Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management (Mandatory) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 5075-1.1 Declaration to be Filed with Motion Establishing Administrative Procedures RE 28 U.S.C. § 156(c) (Mandatory)
F 6004-2 Notice of Sale of Estate Property
F 7004-1 Summons and Notice of Status Conference (Mandatory)
F 7016-1.1 Joint Status Report - Local Bankruptcy Rule 7016-1(a)(2) (Optional)
F 7016-1.1a Joint Status Report - Additional Party Attachment (Optional)
F 7016-1.2 Status Conference and Scheduling Order Pursuant to Local Bankruptcy Rule 7016-1(a)(3) (Optional) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 7027-1 Request for Disclosure of Discovery Documents under Local Bankruptcy Rule 7027-1(d) (Optional)
F 9013-1.1 Notice of Motion For: (Hearing Required) (Mandatory)
F 9013-1.2 Notice of Motion under Local Bankruptcy Rule 9013-1(g)(1) For: (Optional)
F 9013-1.3 Notice of Opposition and Request for a Hearing (Optional)
F 9013-1.4 Notice of Non-Opposition (Optional)
F 9013-1.5 Notice of Motion and Motion to Avoid Lien under 11 U.S.C. § 522(f) (Real Property) (Optional)
F 9013-1.6 Order on Motion to Avoid Lien under 11 U.S.C. § 522(f) (Real Property) (Optional) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 9013-1.7 Notice of Motion and Motion to Avoid Lien under 11 U.S.C. § 522(f) (Personal Property) (Optional)
F 9013-1.8 Order on Motion to Avoid Lien under 11 U.S.C. § 522(f) (Personal Property) (Optional) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 9013-1.9 Declaration Re: Entry of Order Without Hearing Pursuant to Local Bankruptcy Rule 9013-1(g) (Optional)
F 9021-1.1 Notice of Entry of Judgment or Order and Certificate of Mailing (Optional)
F 9021-1.2 Request for Entry of Default under Local Bankruptcy Rule 9021-1 (Optional)
F 9021-1.3 Motion for Default Judgment under Local Bankruptcy Rule 9021-1 (Optional)
F 9021-1.4 Default Judgment (without prior judgment) (Optional) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 9021-1.5 Default Judgment (based on prior judgment) (Optional) (Note: Please RIGHT click HERE to download this to MS-Word format)
F 9075-1 Order Shortening Time [Local Bankruptcy Rule 9075-1(b)] (Optional) (Note: Please RIGHT click HERE to download this to MS-Word format)
These bankruptcy crimes will earn you time in a federal penitentiary
The US Trustee is a division of the US Department of Justice. The US Trustee is the "watchdog" of the federal bankruptcy system, to insure that participants, attorneys, debtors and creditors alike obey, the laws, rules, and regulation of the US bankruptcy system.
Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully.
It is very important that a bankruptcy case be filed and handled correctly. The rules are very technical, and a misstep may affect a debtor's rights. For example, a debtor whose case is dismissed for failure to file a required document, such as a credit counseling certificate, may lose the right to file another case or lose protections in a later case, including the benefit of the automatic stay. Bankruptcy has long-term financial and legal consequences - hiring a competent attorney is strongly recommended.
Debtors must list all property and debts in their bankruptcy schedules. If a debt is not listed, it is possible the debt will not be discharged. (Lists of the documents [including schedules] that debtors must file are set out on Form B200, one of the Director's Procedural Forms.) The judge can also deny the discharge of all debts if a debtor does something dishonest in connection with the bankruptcy case, such as destroying or hiding property, falsifying records, or lying. Individual bankruptcy cases are randomly audited to determine the accuracy, truthfulness, and completeness of the information that the debtor is required to provide. Please be aware that bankruptcy fraud is a crime.
Pro se litigants, whether debtor or creditor, are expected to follow the rules that govern procedures in the federal courts. Pro se litigants should be familiar with the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local rules of the court in which the case is filed. Local rules, along with other useful information, are usually posted on the court's web site and are available at the local court's intake counter.
Individual debtors are generally required to obtain credit counseling from an approved provider within 180 days before filing a case, and to file a statement of compliance and a certificate of credit counseling furnished by the provider. Failure to do so may result in dismissal of the case.
Debtors are strongly encouraged to obtain the services of competent legal counsel. Even if you cannot afford to pay an attorney, you may be able to qualify for free legal services. For information about hiring an attorney, or about free (also known as "pro bono") legal services, contact your state or local bar association. Many law schools have legal clinics that offer free legal services. Court web sites often have contact information for bar associations and pro bono legal service programs, as well as important procedural information.
For information about such legal resources, check the American Bar Association's Legal Help page, the Legal Services Corporation, or the web site of the bankruptcy court where you intend to file. If you do not know where you are permitted to file a case, check the Official Bankruptcy Forms page to see the box on Form B1 (Voluntary Petition) entitled "Information Regarding the Debtor - Venue" and the part of the Instructions relating to that box.
If you are filing or involved in a bankruptcy case and do not have an attorney, the web site of the bankruptcy court where the case has been or will be filed may be of assistance. The Bankruptcy Resources page may be of help as well.
Homeowners who are having trouble or have fallen behind in making their mortgage payments may have options that would allow them to avoid foreclosure and bankruptcy. For more information, check these foreclosure resources.
Beware of offers made once your house is in foreclosure - there are a number of fraudulent schemes specifically directed at individuals facing foreclosure. Contact your state attorney general or other state consumer protection agency regarding any suspicious proposal, such as one that requires transferring your property to a third party in order to avoid foreclosure.
Beware of bankruptcy petition preparers who do not comply with all legal requirements. The role of non-attorney petition preparers is solely to type information on Bankruptcy Forms (available at this link without charge). Petition preparers are barred by law from providing legal advice - they cannot explain how to answer legal questions or assist in bankruptcy court. Petition preparers must sign all documents they prepare; print their name, address, and social security number on such documents; and furnish copies to the debtor. They cannot sign a document on the debtor's behalf or receive payment from the debtor for court fees.
Too poor to pay the $299 Chapter 7 fee?
(Central District of California waiver form)
- Part I - Official Forms, Instructions, and Committee Notes
- Part II- Procedural Forms and Instructions
- Links to Related Material
- Pending Changes
On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). BAPCPA made substantial changes to the Bankruptcy Code. And the Bankruptcy Judges Division has made significant revisions to this online version of Bankruptcy Basics to account for BAPCPA's changes to the Code.
Most BAPCPA changes apply only to cases filed on or after October 17, 2005. Because the Bankruptcy Judges Division anticipates that there will continue to be a demand for the version of Bankruptcy Basics that describes the pre-BAPCPA bankruptcy process (for cases filed prior to October 17), this page contains links to PDF (print friendly) copies of both the pre-BAPCPA version as well as the current online version of Bankruptcy Basics.
Bankruptcy Basics - For Cases Filed on or after October 17, 2005 (pdf)
Bankruptcy Basics - For Cases Filed before October 17, 2005 (pdf)
Bankruptcy Basics Video
Bankruptcy Basics should not substitute for the advice of competent legal counsel or a financial expert. Neither the Bankruptcy Judges Division nor the Administrative Office of the United States Courts can provide legal or financial advice. Such advice may be obtained from a competent attorney, accountant, or financial adviser.
Public Information Series
Bankruptcy Judges Division
Administrative Office of the United States Courts
While the information presented 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 reference to the United States Bankruptcy Code (title 11, United States Code) and the Federal Rules of Bankruptcy Procedure, both of which may be reviewed at local law libraries, or to local rules of practice adopted by each bankruptcy court. Finally, this publication should not substitute for the advice of competent legal counsel.
Basic Bankruptcy Info (Youtube)
Information to help you:
A Bankruptcy Video Primer
Introduction Running Time: (2:38)
Types of Bankruptcy Running Time: (3:55)
Limits of Debts Running Time: (4:34)
Filing for Bankruptcy Running Time: (2:57)
Meeting of Creditors Running Time: (1:27)
Court Hearings Running Time: (6:58)
This Discharge Running Time: (1:27)
Legal Assistance Running Time: (4:58)
Useful information from the Office of the US Trustee on bankruptcy
Can You Avoid Bankruptcy? Let's see
"Surviving Debt" - from the National Consumer Law Center
Warning: general bankruptcy information is no substitute for personalized advice from a bankruptcy attorney after your financial information is gathered, your circumstances analyzed and a game plan developed for you.
(c) copyright 2008 New Dawn Law
Title 11, United States Code ("The Bankruptcy Code")
AN OVERVIEW OF THE CURRENT BANKRUPTCY LAWS
Deuteronomy 15:1-3 (King James Version)
1 At the end of every seven years thou shalt make a release.
2 And this is the manner of the release: Every creditor that lendeth ought unto his neighbour shall release it; he shall not exact it of his neighbour, or of his brother; because it is called the LORD's release.
3 Of a foreigner thou mayest exact it again: but that which is thine with thy brother thine hand shall release.
There is a very life in our despair.
- Lord Byron (George Gordon Noel Byron)
You have to lose everything before you are free to do anything
- Tyler Durden "Fight Club"
"Life begins on the other side of despair." Sartre, Jean-Paul
(c) copyright 2008 - 2010 New Dawn Law all rights reserved