Predatory Lending Practices

Predatory Lending Practices

Loan “flipping” – frequent refinancings that result in little or no economic benefit to the borrower and are undertaken with the primary or sole objective of generating additional loan fees, prepayment penalties, and fees from the financing of credit-related products;

Kickbacks;

Refinancings of special subsidized mortgages that result in the loss of beneficial loan terms;

“Packing” of excessive and sometimes “hidden” fees in the amount financed;
Using loan terms or structures – such as negative amortization – to make it more difficult or impossible for borrowers to reduce or repay their indebtedness;


Using balloon payments to conceal the true burden of the financing and to force borrowers into costly refinancing transactions or foreclosures;

Targeting inappropriate or excessively expensive credit products to older borrowers, to persons who are not financially sophisticated or who may be otherwise vulnerable to abusive practices, and to persons who could qualify for mainstream credit products and terms;

Inadequate disclosure of the true costs, risks and, where necessary, appropriateness to the borrower of loan transactions;

The offering of single premium credit life insurance; and

The use of mandatory arbitration clauses.

Common law fraudulent loan schemes:

Bait and switch

Forged signatures and documents

appraisal fraud

Loan to own ("you can't possibly repay the loan I'm about to make you; I'll own it by foreclosing on you")

What to look at

The five most crucial documents in the analysis of any loan fraud file are: (1) the HUD-1 (or HUD-1A); (2) the loan application (1003); (3) the loan submission form (1008); (4) the escrow instructions; and (5) the preliminary title report. These few documents often serve as a blueprint of the fraud, showing the trail of money and the identity of the people who stood to gain. (by C. Robert Simpson, Esq.)


Properly analyzing and highlighting these documents will assist your attorney in more effectively representing you, and in developing a plan of attack. The effectiveness of your attorney increases exponentially if he or she can litigate your case, i.e., examine witnesses, conduct depositions, etc., having a complete knowledge of the motivations and involvement of each of the parties.

Do not pay for a stop foreclosure or loan modification that does not include these analyses. Make sure you are given a Truth in Lending (TILA) RESPA (Real Estate Settlement Procedures Act), and HOEPA (Homeowners Equity Protection Act) analysis


Deceptive and Unfair Mortgages

By L. Jed Berliner, Massachusetts Foreclosure Defense Attorney on Dec 9, 2008

Mortgages are “presumptively” deceptive and unfair if they have these four characteristics, says the Massachusetts Supreme Judicial Court.

First, the mortgage must be adjustable, with the first adjustment taking place within the first three years. (Well, okay, this is two requirements which the court combined into one.)

Second, the introductory interest rate is at least 3% lower than the fully indexed rate (the base index rate plus the adjustment factor). The rest of us call this a “teaser” rate, since it teases the borrower into thinking that the early affordable payments will always be affordable. It also teases the borrower into thinking that the loan can be refinanced if the payments became too expensive, since home prices would always go up - right?

Third, the borrower’s debt-to-income ratio is at least 50% if the fully indexed rate is used, and not the teaser rate. This means that, half the borrower’s income or more would go to mortgage payments if there is no change to the interest rate calculation factors and there were no teaser rate.

Last, 100% of the home’s value is being borrowed.

In this case, “presumptively unfair” means that the Massachusetts Attorney General must be notified before any foreclosure can take place by the lender, Fremont, allowing time for a court to stop the foreclosure unless the lender can show it took reasonable steps to work with the borrower to avoid foreclosure.

The court rejected Fremont’s argument that its earlier loans should not be held to current standards of unfairness, noting that many government agencies warned against these loans as far back as the late 1990s. Fremont knew, or should have known, that loans with these characteristics would guarantee default by the borrower unless home prices rose indefinitely, which was an unreasonable assumption. But a default would not hurt Fremont, since it sold most of its mortgage loans.

The Attorney General filed the case to stop unfair foreclosures, but it did not seek damages. This issue is left open for another suit by a private borrower, but the decision throws open the door to recovery.

Commonwealth v. Fremont Investment & Loan, and another, 2008 WL:5122699 (Mass.).

(c) copyright New Dawn Law all rights reserved

Foreclosure Consultants - Scam or Valuable Service?

UPDATE!!!!! June 15, 2009: New California Law Clamps Down on the Foreclosure Consultancy Defrauders !!!

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.

Warning Label - This Blog is NOT LEGAL ADVICE

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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Bankruptcy Exemptions - You Can Keep Your Hat On

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

Batten Down The Hatches, It's A Nantucket Sleigh Ride

From my reading list

Calculated Risk

Paul Krugman

Noriel Roubini - "Da Man"

and of course

Clusterfuck Nation

Where to Find Bankruptcy Law and Bankruptcy Rules

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
Subject Index


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)
F 4001-1M.CUST
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)

Bankruptcy Don'ts

These bankruptcy crimes will earn you time in a federal penitentiary

Filing Bankruptcy Without An Attorney

Filing for Bankruptcy Without an Attorney

Credit Counseling | Legal Services | Foreclosure | Petition Preparers

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.

Credit Counseling

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.

Finding an Attorney, including Free Legal Services

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.

Foreclosure

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.

Petition Preparers

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.

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Bankruptcy Basics

Too poor to pay the $299 Chapter 7 fee?
(Central District of California waiver form)

Official Bankruptcy Forms

Bankruptcy Forms and Bankruptcy Forms Manual

• Part I - Official Forms, Instructions, and Committee Notes
• Part II- Procedural Forms and Instructions
• Links to Related Material
• Pending Changes

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Bankruptcy FAQs

Bankruptcy Basics

Process The Discharge in Bankruptcy Chapter 7. Liquidation Under the Bankruptcy Code Chapter 13. Individual Debt Adjustment Chapter 11. Reorganization Under the Bankruptcy Code Chapter 12. Family Farmer Bankruptcy or Family Fisherman Bankruptcy Chapter 9. Municipality Bankruptcy Chapter 15. Ancillary and Other Cross-Border Cases SCRA. Servicemembers' Civil Relief Act SIPA. Securities Investor Protection Act Glossary - Terms You Need to Know Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws. It also provides individuals who may be considering bankruptcy with a basic explanation of the different chapters under which a bankruptcy case may be filed and to answer some of the most commonly asked questions about the bankruptcy process. 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 April 2006 Third Edition 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)

As Interpreted By The US Congress

Title 11, United States Code ("The Bankruptcy Code")

AN OVERVIEW OF THE CURRENT BANKRUPTCY LAWS

http://www.fedbar.org/bank-jan07.pdf

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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"

"It Is Darkest In The Hour Before The Dawn"

"Life begins on the other side of despair." Sartre, Jean-Paul




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