2015 bankruptcy cle & holiday luncheon 12-11-15.pdf · issue a 1099c. the debtor will be taxed...

Vermont Bar Association

Seminar Materials

2015 Bankruptcy CLE & Holiday Luncheon

December 11, 2015

Rutland Country Club

Rutland, VT

Faculty:

Hon. Colleen Brown

Andre Bouffard, Esq.

Joshua RI Cohen, Esq.

Larry J. Cohen, Esq.

Heather Zubke Cooper, Esq.

Theresa Davidson

Jennifer R. Emens-Butler, Esq.

Sarah Gullon, Esq.

Thomas Hart

Michelle Kainen, Esq.

John J. Kennelly, Esq.

Tavian M. Mayer, Esq.

Rebecca A. Rice, Esq.

Antonin Robbason, Esq.

Jan Sensenich, Esq.

Douglas J. Wolinsky, Esq.

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Vermont Bar Association

Bankruptcy Section

2015 Bankruptcy CLE & Holiday Luncheon

December 11, 2015

Rutland Country Club

275 Grove St., Rutland

8:30am Registration and Breakfast

Morning Session

9:00 – 10:00

Plug In Electronic Evidence (Andre Bouffard, Antonin Robbason, Michelle Kainen)

10:15 – 10:45 - Break

10:15 – 11:00

Hot Topics in Consumer Cases:

Giving Effect to the Notice of Intent (Rebecca Rice, Sarah Gullon)

What Your Clients Need to Know About Imputable Income (Michelle Kainen)

Student Loans (Joshua Cohen)

11:00 – 11:45

The Year in Review (Jack Kennelly, Jennifer Emens-Butler)

11:45 – 12:15

State of the Court (Hon. Colleen A. Brown)

12:15 – 1:15 – Luncheon

Afternoon Session

1:15 – 2:45

Ethics in the Movies (Larry Cohen, Heather Cooper, Jan Sensenich, Doug Wolinsky)

2:45 – 3:00 – Break

3:00 – 4:00

Practice Pointers: New Forms, Revised Local Rules, Clerk’s Announcements, and Brief

Bench-Bar Meeting, New Federal Rules Effective 12/1/15 (Hon. Colleen Brown, Theresa

Davidson, Tavian Mayer, Tom Hart)

Total Credits: 5.5 MCLE (Includes 1.5 Ethics Credits)

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Reporting of Cancellation of Debt Income

(a/k/a Tax Documents That Will Cause Your Phone To Ring)

Michelle Kainen

Every year at tax time my phone rings from current and former clients who are confused about

what to do with 1099’s received from their lenders stemming from defaulted loans. The majority of

these clients are attempting to prepare their own returns, however it is not unusual to receive a call from

a client’s tax preparer regarding how to report these transactions.

1099A – Acquisition or Abandonment of Secured Property

Received when collateral is abandoned, foreclosed or voluntarily surrendered to secured lender

FMV used on 1099A may not be accurate and can be challenged

Must treat as a sale of the asset on tax return in the year the 1099A is issued

o “But the bank took the property, how can I owe the IRS?”

Capital Gains

Recapture

Scenario 1 – John and Mary owned a second home which was used solely as a vacation home for more than 20 years. They paid $150,000 when they purchased it. Throughout the time they owned it they borrowed against the vacation home to fund various personal expenses and to cover college costs for their children. When John lost his job in 2010 they were no longer able to make the payments. John and Mary executed a deed-in-lieu of foreclosure. At the time of the transfer the loan balance was $250,000 and John and Mary are personally liable (recourse debt). The Fair Market Value of the property was $200,000. John and Mary have a $50,000 capital gain. Based upon their income, they will pay a 15% tax on the gain.

Scenario 2 – Joe operated an excavating business as a sole proprietor. His wife is a nurse with a good income. Joe financed several pieces of heavy equipment. He fully depreciated the equipment on his tax returns. Joe’s business fell on hard times and the lender repossessed all of the equipment. The equipment was sold at auction for $35,000. Because Joe’s adjusted basis in the equipment is zero, there is $35,000 in depreciation recapture. In this scenario, Joe will be taxed on the depreciation recapture at his ordinary income tax rate of 25%.

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The above tax situations are separate from any tax obligation generated due to cancellation of the

debt.

1099C – Cancellation of Debt

Cancellation (discharge) of a debt of at least $600.00 during a calendar year obligates a creditor to

issue a 1099C. The debtor will be taxed on the amount of the cancelled debt as income to him (unless

exclusions apply). If any deficiency is forgiven in the same year as property is foreclosed, a creditor is

not required to issue both a 1099A and 1099C, however the debtor is still required to report both

transactions on their tax return.

1099C’s are only required to be issued by organizations which are significantly involved in lending

money. In other words, if the debtor defaults on a loan to Mom, Mom is not obligated to issue a 1099C

(although nothing prevents her from doing so).

A debt is considered forgiven (discharged) on the date of an “identifiable event”. Identifiable events

are:

Code A Discharge in bankruptcy (only if the lender knows that the debt was incurred for business or investment purposes)

Code B Cancellation due to receivership or foreclosure

Code C Expiration of the statute-of-limitations

Code D Election of foreclosure remedies that statutorily extinguishes or bars creditor’s right to collect.

Code E Probate proceedings

Code F Debt settlement

Code G Decision by the creditor to discontinue collection

Code H Non-payment during a 36 month testing period where creditor was not actively attempting to collect

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Code I Other actual discharge which occurred before any of the above events

Examining Box 6 of the 1099C will tell you which identifiable event triggered the 1099C.

Based upon the Treasury Regs debtors should not receive a 1099C for consumer debts that have

been discharged in bankruptcy. The reality is that it happens all the time. The fact that a 1099C has

been issued does not automatically mean that tax will have to be paid. There are certain debts that are

excluded from COD income. Those exclusions are:

Debts that have been discharged in bankruptcy (bankruptcy must be filed before the debt was cancelled)

Insolvency (calculation of insolvency does not permit the use of bankruptcy exemptions) The debt is qualified real property business debt The debt is qualified farm debt The debt is qualified principal residence indebtedness

Up to $2,000,000 Used to purchase or improve home Cancellation occurred between 2007 and 2014, stay tuned…..

A taxpayer must file Form 982 to claim one of the above exclusions.

Common Questions

1) Husband and wife are both liable on the debt, why is the 1099C only issued to one of them? If

the reporting entity has reason to know that the co-obligors were husband and wife living at the

same address when the debt was incurred, and the reporting entity does not have reason to know

that those circumstances have changed, only one 1099C is required to be issued.

2) Can a creditor continue to collect the debt after issuing a 1099C (assuming no bankruptcy)?

Majority view – yes (see Atchison v. Hiway Fed. Credit Union, 2013 WL 1175020, at *3, 2013 U.S. Dist. LEXIS 38532, at *8 (D.Minn. Mar. 20, 2013); FDIC v. Cashion, 2012 WL 1098619, at *7, 2012 U.S. Dist. LEXIS 45843, at *19 (W.D.N.C. Apr. 2, 2012); Carrington Mortg. Servs., Inc. v. Riley, 478 B.R. 736, 744 (Bankr.D.S.C.2012); In re Sarno, 463 B.R. 163, 168 (Bankr.D.Mass.2011).

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Minority view – no (see Friedman v. Comm'r, 216 F.3d 537, 545 (6th Cir.2000); In re Crosby, 261 B.R. 470, 474 (Bankr. D.Kan.2001); In re Welsh, 2006 WL 3859233, at *1-2, 2006 Bankr.LEXIS 3756, at *3-4, 8 (Bankr. E.D.Pa. Oct. 27, 2006); In Re Reed, 492 B.R. 261 (Bankr E.D.Tenn. 2013).

Interestingly, creditors have argued both sides of this issue. Creditors citing the majority view

argue that the 1099C is merely information and is to comply with IRS regulations, but has nothing to

do with whether the debt is collectible. On the other hand, in an attempt to defend an FDCPA

violation, Capital One argued that:

[T]he issuance of an IRS Form 1099-C is not an attempt to collect a debt; instead, it is a declaration under penalty of perjury that the debt has been cancelled and that Defendant would never attempt to collect the debt.

Dues v. Capital One, N.A., 2011 WL 3799762, at *5, 2011 U.S. Dist. LEXIS 96435, at *13 (E.D.Mich.

Aug. 8, 2011).

Practice Pointer

Imagine a debtor comes to you facing a foreclosure. He has no other debt because he paid off all

his other debt by not making his mortgage payment. He does not want to keep the property. He

anticipates a $100,000 deficiency. The practical reality is that the creditor may never pursue him for this

debt because his only major remaining asset is a sizeable ERISA-Qualified retirement plan. However,

unless Congress extends The Mortgage Forgiveness Debt Relief Act, this client could find himself with

a whopping tax bill, depending on his tax rate. Do you:

a) wait to see what the actual deficiency is and if Mortgage Forgiveness Debt Relief is made

available to him; or

b) put him in a bankruptcy now?

Pros and Cons to Option A – At this moment there is no Mortgage Forgiveness Debt Relief available to

him. The IRS insolvency exclusion will not be available to him due to his retirement plan. This means

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that he is subject to tax on the cancelled mortgage debt. However, Mortgage Forgiveness Debt Relief

was not available last year at this time. In the final days of 2014 Congress retroactively extended the

Act to cover all of 2014. The same may occur in 2015 (or it may not). If you wait to see what Congress

does (or wait to see the actual amount of the deficiency) the lender may issue the 1099C in the

meantime. Once the 1099C issues, the bankruptcy won’t help him eliminate the income generated by

the cancellation of the mortgage debt. Your only hope at that point is that Congress acts.

Pros and Cons to Option B – If Congress does not extend the Mortgage Forgiveness and Debt Relief

Act, filing him now will save him from the tax bill. However, if Congress does extend the Act (and

makes that extension retroactive, as it did in 2014), you will have put someone in a bankruptcy for no

benefit.

There are currently bills pending in both the House and Senate to extend the Mortgage

Forgiveness and Debt Relief Act through 2016. There appears to be bipartisan support for the bills.

Whether Congress acts on these, and whether they are made retroactive, remain to be seen.

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Form 1099-A

2016Acquisition or

Abandonment of Secured Property

Copy BFor Borrower

Department of the Treasury - Internal Revenue Service

This is important tax information and is being furnished to the Internal Revenue Service. If you

are required to file a return, a negligence

penalty or other sanction may be

imposed on you if taxable income results

from this transaction and the IRS determines

that it has not been reported.

OMB No. 1545-0877

CORRECTED (if checked)LENDER’S name, street address, city or town, state or province, country, ZIP or foreign postal code, and telephone no.

LENDER’S federal identification number BORROWER’S identification number

BORROWER’S name

Street address (including apt. no.)

City or town, state or province, country, and ZIP or foreign postal code

Account number (see instructions)

1 Date of lender's acquisition or knowledge of abandonment

2 Balance of principal outstanding

$3 4 Fair market value of property

$5 If checked, the borrower was personally liable for repayment

of the debt . . . . . . . . . . . ▶

6 Description of property

Form 1099-A (keep for your records) www.irs.gov/form1099a

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Form 1099-C

2016Cancellation

of Debt

Copy BFor Debtor

Department of the Treasury - Internal Revenue Service

This is important tax information and is being furnished to the Internal Revenue Service. If you

are required to file a return, a negligence

penalty or other sanction may be

imposed on you if taxable income results

from this transaction and the IRS determines

that it has not been reported.

OMB No. 1545-1424

CORRECTED (if checked)CREDITOR'S name, street address, city or town, state or province, country, ZIP or foreign postal code, and telephone no.

CREDITOR'S federal identification number DEBTOR'S identification number

DEBTOR'S name

Street address (including apt. no.)

City or town, state or province, country, and ZIP or foreign postal code

Account number (see instructions)

1 Date of identifiable event

2 Amount of debt discharged

$3 Interest if included in box 2

$4 Debt description

5 If checked, the debtor was personally liable for repayment of the debt . . . . . . . . ▶

6 Identifiable event code 7 Fair market value of property

$Form 1099-C (keep for your records) www.irs.gov/form1099c

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Form 982(Rev. July 2013)Department of the Treasury Internal Revenue Service

Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment)

▶ Attach this form to your income tax return.

OMB No. 1545-0046

Attachment Sequence No. 94

Name shown on return Identifying number

Part I General Information (see instructions)

1 Amount excluded is due to (check applicable box(es)):a Discharge of indebtedness in a title 11 case . . . . . . . . . . . . . . . . . . . . . . . .b Discharge of indebtedness to the extent insolvent (not in a title 11 case) . . . . . . . . . . . . . . .c Discharge of qualified farm indebtedness . . . . . . . . . . . . . . . . . . . . . . . . .d Discharge of qualified real property business indebtedness . . . . . . . . . . . . . . . . . . .e Discharge of qualified principal residence indebtedness . . . . . . . . . . . . . . . . . . . .

2 Total amount of discharged indebtedness excluded from gross income . . . . . . . . . 2 3 Do you elect to treat all real property described in section 1221(a)(1), relating to property held for sale to

customers in the ordinary course of a trade or business, as if it were depreciable property? . . . . . . Yes NoPart II Reduction of Tax Attributes. You must attach a description of any transactions resulting in the reduction in

basis under section 1017. See Regulations section 1.1017-1 for basis reduction ordering rules, and, if applicable, required partnership consent statements. (For additional information, see the instructions for Part II.)

Enter amount excluded from gross income:4 For a discharge of qualified real property business indebtedness applied to reduce the basis of

depreciable real property . . . . . . . . . . . . . . . . . . . . . . . . 4 5 That you elect under section 108(b)(5) to apply first to reduce the basis (under section 1017) of

depreciable property . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Applied to reduce any net operating loss that occurred in the tax year of the discharge or carried

over to the tax year of the discharge . . . . . . . . . . . . . . . . . . . . . 6

7 Applied to reduce any general business credit carryover to or from the tax year of the discharge . 7 8 Applied to reduce any minimum tax credit as of the beginning of the tax year immediately after the

tax year of the discharge . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Applied to reduce any net capital loss for the tax year of the discharge, including any capital loss

carryovers to the tax year of the discharge . . . . . . . . . . . . . . . . . . . 9 10a Applied to reduce the basis of nondepreciable and depreciable property if not reduced on line 5.

DO NOT use in the case of discharge of qualified farm indebtedness . . . . . . . . . . 10ab Applied to reduce the basis of your principal residence. Enter amount here ONLY if line 1e is

checked . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10b11 For a discharge of qualified farm indebtedness applied to reduce the basis of:

a Depreciable property used or held for use in a trade or business or for the production of income ifnot reduced on line 5 . . . . . . . . . . . . . . . . . . . . . . . . . . 11a

b Land used or held for use in a trade or business of farming . . . . . . . . . . . . . 11b

c Other property used or held for use in a trade or business or for the production of income . . . 11c

12 Applied to reduce any passive activity loss and credit carryovers from the tax year of the discharge 12

13 Applied to reduce any foreign tax credit carryover to or from the tax year of the discharge . . . 13

Part III Consent of Corporation to Adjustment of Basis of Its Property Under Section 1082(a)(2)

Under section 1081(b), the corporation named above has excluded $ from its gross incomefor the tax year beginning and ending .Under that section, the corporation consents to have the basis of its property adjusted in accordance with the regulations prescribed under section 1082(a)(2) in effect at the time of filing its income tax return for that year. The corporation is organized under the laws

of .(State of incorporation)

Note. You must attach a description of the transactions resulting in the nonrecognition of gain under section 1081.

For Paperwork Reduction Act Notice, see page 5 of this form. Cat. No. 17066E Form 982 (Rev. 7-2013)

▶ Information about Form 982 and its instructions is at www.irs.gov/form982.

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GIVING EFFECT TO THE NOTICE OF INTENT

When a debtor files a Chapter 7 petition, one of the required forms is the “Notice of Intent”

which is used to notify secured creditors of the debtor’s intent with respect to their secured debt. 11

U.S.C. § 521 (a)(2). Under the Code, a debtor has the option of reaffirming the debt, redeeming the

property or surrendering the property, or exempting and avoiding the secured debt. Prior to 2005, a

debtor had the option of a “ride through” which allowed the debtor to keep the property if the debtor

kept the payments current. This ability may still exist as to claims secured by real estate, but its viability

is questionable as to claims secured by personal property.

Under 11 U.S.C. § 521(a)(6) a debtor may not retain possession of personal property unless,

within 45 days of the initial meeting of creditors, the debtor either reaffirms the debt under 11 U.S.C. §

524 or redeems the property under 11 U.S.C. § 722. If one of these actions is not taken within this 45

day period, the automatic stay is terminated as to the secured creditor and technically it has the ability

to repossess the property, prior to the actual discharge entered by the court.

The “Notice of Intent” should be sent to all secured creditors.

While, in general, this process works smoothly, there are situations where snafus arise, one of

the largest being filing a Notice of Intent to surrender, and the lender not taking possession of the

property (if personal property) or not commencing a foreclosure to obtain possession and title (if real

estate.)

What does one do if a lender does not respond to a Notice of Intent to Surrender?

If the lender is not in communication with counsel, after several attempts at communications,

one solution is to have the debtor deliver the property to the lender or the dealership which sold the

vehicle. Have the debtor get a receipt for the keys. Although the debtor may be told that they will be

responsible for any deficiency, this is the standard line with returns and the debtor should be warned

that this does not apply to him/her as there is a pending bankruptcy.

What to do if there is no local lender/seller. One attorney has a secure lot behind his farm and

instructs his clients to deliver the vehicle to the lot and the attorney then claims a storage lien on the

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vehicles and if they are not picked up by the secured creditors, he sells them through the state

procedure for foreclosing on a storage lien.

Any good thoughts on what else might be done. This is particularly irksome when the vehicle is

not operational and the local salvage yard will not accept the vehicle without a title.

The same issue arises with real estate. Even more vexing, is when the secured lender obtains

relief from stay and yet, after having obtained relief from stay, the lender either 1) does not commence

a foreclosure or 2) the foreclosure goes on for years, even though the debtor has stipulated to a

shortened redemption period. Unfortunately, there is no real way to force the lender to accept a deed

in lieu of foreclosure or a quit claim deed, but if there are no other liens on the property, this may be

one means of speeding the process along.

In Chapter 7s, post-petition homeowners and condominium association dues are not

dischargeable as long as the debtor or the estate has a legal, equitable or possessory ownership interest

in such unit or lot. 11 U.S.C. (a)(16).

If the lender is not paying the real estate taxes, another means would be to encourage the

municipality to put the property up for tax sale. Unfortunately since the redemption period for a tax sale

is one year, this may not be very speedy unless the lender also agrees to have the redemption period

shortened.

Another situation is where redemption occurs, but the secured party never acknowledges that

the property has been redeemed and thus does not transfer the title to the debtor after payment. The

one advantage in this situation is that there is a court order for the redemption. If the secured creditor

fails to comply with the order, a Motion to Show Cause or to Compel may be filed to require the creditor

to comply with the Order.

Recently the issue of reaffirmations of secured debts has been on the rise when the debtor well

after the closing of the case wants to refinance and the lender refuses since the debtor did not reaffirm.

Lenders have taken to claiming that since the debt was not reaffirmed, by refinancing the property they

are violating the automatic stay and/or the discharge injunction. My response is that they retained the

lien on the real estate and by refinancing they are just satisfying their existing lien. Some creditors have

requested a letter from the Court stating that the refinance is not a violation of the discharge injunction,

while others are requesting debtors reopen their cases so that the reaffirmation agreement can be filed.

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My response has been that this will not happen and suggest that the debtor seek refinancing with

another institution.

The same issues may apply in Chapter 13. While a Chapter 13 Plan may provide for the

surrender of property, how does one make sure the creditor actually takes title to the property. May a

Chapter 13 Plan provide that title to the property is vested upon confirmation of the Plan or require the

lender to accept a quit claim deed. Until recently, Courts have been reluctant to confirm plans which

provide for the vesting of title in the creditor upon confirmation of the Plan or requiring a lender to

accept a quit claim deed. See In re Rose, 512 B.R. 790 (Bankr.W.D.N.C. 2014), In re Malave, Case No. 13-

13348 (ALG) [dkt item 23] (April 11, 2014 Bankr. S.D.N.Y.)

Several decisions have held otherwise. See In re Zair, 535 B.R. 15 (Bankr.E.D.N.Y. 2015)(appeal

filed), In re Stewart, BKY Case No. 13-40709-MER, (September 1, 2015 Bankr.D.Minn), In re Sagendorph,

No. 14-41675-MSH (June 22, 2015 Bankr. C.D.MA)(appeal filed). Copies of these case are included, as

well as the Chapter 13 Plans confirmed in Zair, Stewart and Sagendorph.

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Giving Effect to the Notice of Intent

Vermont Bar AssociationHoliday Bankruptcy CLE and Luncheon

December 11, 2015

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Present Situation: The Plan

• Debtor proposes a Plan providing for the surrender of the collateral to the mortgagee.

• Confirmation is granted.• Creditor obtains relief from stay and proceeds with foreclosure action.

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Complications Post‐confirmation:

• Creditor does not move for relief or if does so, does not proceed with foreclosure;

• Debtors remain responsible for expenses in connection with the Property;

• Credit report – loan remains as an obligation until bankruptcy discharge is entered

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Availing of Mediation

• Typically availed of by Debtors when intention is to keep the property;

• Mortgage mediation should be availed of even on surrendered properties to engage creditor in:– Deed in Lieu of Foreclosure– Short sale

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Other Options:

• Creditor Report: could be a miscellaneous motion to get creditor to process a Universal Data Form to the credit reporting agencies deleting the tradeline for the loan in light of the stated intention to surrender property and the confirmed Plan.

• Stipulated Relief from Stay• Tailoring the language in the Plan:

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The Plan needs to include all necessary parties in the Plan provision dealing with the surrendered property

– Tax Collector– Homeowner’s Association– All lienholders

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Surrender vis‐à‐vis Vesting

Confirmation of plan:

• 11 USCS § 1325(a)(3)‐ the Plan has been proposed in good faith and not by any means forbidden by law;

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Surrender vis‐à‐vis Vesting• 11 USCS § 1325(a)(5)(5) with respect to each allowed secured claim provided for by the plan—(A) the holder of such claim has accepted the plan;(B)

(i) the plan provides that—(I) the holder of such claim retain the lien securing such claim until the earlier of—

(aa) the payment of the underlying debt determined under nonbankruptcy law; or(bb) discharge under section 1328; and

(II) if the case under this chapter is dismissed or converted without completion of the plan, such lien shall also be retained by such holder to the extent recognized by applicable nonbankruptcy law;

(ii) the value, as of the effective date of the plan, of property to be distributed under the plan on account of such claim is not less than the allowed amount of such claim; and

(iii) if—(I) property to be distributed pursuant to this subsection is in the form of periodic payments,

such payments shall be in equal monthly amounts; and(II) the holder of the claim is secured by personal property, the amount of such payments shall

not be less than an amount sufficient to provide to the holder of such claim adequate protection during the period of the plan; or

(C) the debtor surrenders the property securing such claim to such holder;

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Surrender vis‐à‐vis Vesting

11 U.S. Code § 1322 ‐ Contents of plan

(b) Subject to subsections (a) and (c) of this section, the plan may—(8) provide for the payment of all or part of a claim against the debtor from property of the estate or property of the debtor;(9) provide for the vesting of property of the estate, on confirmation of the plan or at a later time, in the debtor or in any other entity;

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Surrender vis‐à‐vis Vesting:Basic Tenets

• State law – delivery and acceptance• Approaches to resolve valuation and estimation of deficiency

• Fresh start afforded by the Bankruptcy Code• Federal law preempts state law

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Surrender vis‐à‐vis Vesting:Existing Case Law

• There is not much case law on Section 1322(b)(9)

In re Zair, 535 B.R. 15‐Where Chapter 13 plan provided that certain residential real property at which debtors did not reside would be surrendered under 11 U.S.C.S. §1325(a)(5) and vested in a secured creditor pursuant to 11 U.S.C.S. § 1322(b)(9), and liens would not be affected, such plan could be confirmed over that secured creditor's objection.

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• In re Rosa, 495 B.R. 522 (Bankr. D. Haw. 2013‐While the Court concluded that a plan providing for surrender coupled with vesting did not satisfy Sec. 1325(a)(5)(C) as actual or constructive acceptance of the Plan is required, the Plan was still allowed confirmation (over the objection of the Trustee).

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• In re Watt, 520 B.R. 834‐ A plan which provided for vesting of property in a secured lender at time of confirmation could be confirmed over the lender’s objection. However, such a plan must still comply with the provisions of 11 USC Sec. 1325 (a)(5) with respect to payment of secured claims.

‐ Reversed on appeal

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• In re Williams, 2015 Bankr. LEXIS 4055‐ Bankruptcy debtor was precluded from amending his confirmed Chapter 13 plan to vest title in real property in the creditor secured by the property which was surrendered to the creditor in the plan, since the creditor objected to vesting and the plan could not alter the creditor's foreclosure rights under state law over the creditor's objection.

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• In re Jemison, 2007 Bankr. LEXIS 3107‐ A Chapter 13 plan provision delaying the re‐vesting in the debtor of all property of the estate until the case was dismissed, converted, or closed, did not comply with 11 U.S.C.S. §1325(a)(1), (3), because 11 U.S.C.S. § 1322(b)(9) and § 1327(b) did not permit an arbitrary delay in vesting in excess of the amount reasonably needed to fund the plan.

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• In re Sagendorph, 2015 Bankr. LEXIS 2055‐ Court overruled mortgagee's objection to confirmation of Chapter 13 plan because under 11 U.S.C.S. §§ 1325(a)(5) and 1322(b)(9), debtor could propose a plan that provided for transferring title to mortgaged real estate to the mortgagee in full satisfaction of its claim subject to the mortgagee’s right to object on grounds of, inter alia, bad faith.

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• In re Stewart, 536 B.R. 273‐ Chapter 13 debtor was allowed under 11 U.S.C.S. §§ 1322(b)(9) and 1325(a)(5) to propose plan that permitted her to transfer title to mortgaged real estate to a mortgagee in full satisfaction of mortgagee's claim, subject to mortgagee's right to object, and LLC that acquired claim against debtor’s estate was bound by that provision in debtor's plan.

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• In re Beasley, 22 B.R. 773‐Mortgage holder sought to compel Debtor to defer vesting of property to herself and instead have the residence vest in mortgagee until either 1) dismissal of the case; 2) vacation of the automatic stay; 3) discharge of the plan; or 4) an allowed motion to sell. Court found that Sec. 1322(b)(9) may not be used by a creditor to compel vesting in it of property which should vest in the debtor by virtue of 1327(b).

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• In re Rose, 512 B.R. 790‐ Secured creditor would not be required to accept title to the debtors' residence because nothing in 11 U.S.C.S. §§ 1325(a)(5)(C), 1322(b)(9), 105, or Florida state law compelled a creditor to foreclose on a debtor's property or accept a quitclaim deed to the same.

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• In re Gerardi, No. 10‐19028, (Bankr. D. Mass. July 24, 2014

‐ Bench ruling overruling lender’s objection to a plan that provides for the vesting of a property under 1322(b)(9) is confirmable.

‐ A motion for reconsideration has been granted and the matter stayed to allowed lender to conduct foreclosure.

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512 B.R. 790 (Bkrtcy.W.D.N.C. 2014)

IN RE: JEFFERY FRANCIS ROSE, KATHERINE AROSE, Debtors

Chapter 13 No. 12-40743

United States Bankruptcy Court, W.D. North Carolina,Shelby Division

July 8, 2014

Page 791

For Jeffery Francis Rose, Katherine A Rose, Debtors:Wayne Sigmon, Sigmon & Henderson, PLLC, Gastonia,NC.

Trustee: Steven G. Tate, Statesville, NC.

OPINION

J. Craig Whitley, United States Bankruptcy Judge.

Page 792

ORDER

THIS MATTER came before the Court on theDebtors' Motion for Authority to Transfer Real Property toSecured Creditor by Quitclaim Deed and Request for aPresumptive Non-base Fee, filed March 10, 2014. Ahearing was held on March 28, 2014. Wayne Sigmonappeared on behalf of the Debtors, (the " Roses" ), andSteven Tate appeared on behalf of the Chapter 13 Trustee.The secured creditor in question, the U.S. Small BusinessAdministration (hereinafter, " SBA" ), did not respond tothe motion, nor did it appear at hearing.

The Roses' Motion asks permission to quitclaim theirResidence to the SBA, without its consent. The Motiondoes not cite any authority to support this relief.Consequently, the parties were given the opportunity to filepost-hearing briefs. Because such requests by consumerdebtors are becoming more and more common in thisdistrict, the Court also invited amicus briefs.[1]

Having considered the arguments presented, theRoses' Motion is GRANTED IN PART, and DENIED INPART.

FACTS

The Roses filed this Chapter 13 bankruptcy case on

December 5, 2012. While the Roses currently reside inNorth Carolina, their Schedules disclosed joint ownershipof an Arcadia, Florida residence (hereinafter, the "Residence" ). The Residence

Page 793

has a scheduled value of $30,000.00, and is subject to amortgage debt in favor of the SBA of some $78,653.47.

The Roses' confirmed Chapter 13 plan provided forthe surrender of the Residence to the SBA and grantedrelief from stay so that the lender might foreclose itsmortgage. As of the hearing date on this current motion,now more than a year past confirmation of the Roses'plan,[2] the SBA has neither initiated foreclosure norasserted control over the Residence. Meanwhile, the Rosesfind themselves subject to post-petition liabilities relating tothe Residence, including ad valorum taxes and maintenancecosts. Frustrated, the Roses have asked this Court forpermission to quitclaim the Residence to the SBA.

As described below, nothing in the Code or Floridastate law [3] compels a creditor to foreclose on a debtor'sproperty or accept a quitclaim deed to the same.Nevertheless, under state law, and absent objection by SBA,the Roses may still be able to accomplish their goal. To thatend, they will be authorized to tender a quitclaim deed tothe SBA, and, potentially, record it.

DISCUSSION

I. Neither the Bankruptcy Code nor State LawGive this Court the Authority to Force a Creditor toForeclose or Accept a Quitclaim Deed.

Several potential Code authorities have beensuggested in the amicus briefs to justify a debtortransferring property by quitclaim deed to a secured creditorwithout the creditor's consent. For the reasons stated, noneare availing.

A. Surrender of the Collateral Pursuant to 11U.S.C. § 1325(a)(5)(C) does not Require a Creditor toAccept the Surrendered Property.

11 U.S.C. § 1325(a)(5)(C) provides that a Chapter 13plan may be confirmed if, among other alternatives, " thedebtor surrenders the property securing such a claim to theholder." The Roses' confirmed plan provides for surrenderof the Residence to the SBA for foreclosure. Consistenttherewith, the Roses have vacated the Residence and madeit available to the SBA.

82

The suggestion has been made that this Plan provisionsupports a transfer of title to the lender without its consent;however, the weight of the case law is to the contrary.Section 1325(a)(5)(C) does not serve to pass ownership ofthe Residence to a lender; nor does it require the lender toforeclose its mortgage.

While " surrender" is not a defined term in the Code,it has a well defined meaning. " Surrender" has beendescribed as the relinquishment of all rights in property,including the right to possess the collateral. IRS v. White (Inre White) , 487 F.3d 199, 205 (4th Cir. 2007); 8 Collier onBankruptcy ¶ 1325.06[4] (Alan N. Resnick & Henry J.Sommer eds., 15th ed. 2005).

Although " surrender" envisions a debtorrelinquishing his or her rights in the collateral, there is nocorresponding requirement that the lender to do anythingwith the property. See Pratt v. Gen. Motors AcceptanceCorp. (In re Pratt) , 462 F.3d 14, 18-19 (1st Cir. 2006);Canning v. Beneficial Main, Inc. et al. (In re Canning) ,

Page 794

442 B.R. 165 (D. Me. 2011); In re Arsenault , 456 B.R.627 (Bankr. D. Ga. 2011).

The limitations of a Section 1325 " surrender" wereexplored in the case of In re Arsenault. 456 B.R. 627.There, as here, the debtors' confirmed Chapter 13 plansurrendered Florida real property to the secured creditor.When the lender failed to foreclose or otherwise takeresponsibility for the property, the debtors sued, accusingthe lender of a § 362 stay violation. In resolving thatdispute, that bankruptcy court considered whether a "creditor can be compelled to take affirmative steps to acceptsurrendered collateral pursuant to 11 U.S.C. §1325(a)(5)(C), and whether its failure to do so violates theautomatic stay or confirmation order." Id. at 629. Itconcluded that the creditor could not be so compelled.

Arsenault holds that a secured creditor is entitled tocontrol its remedies; thus " a plan cannot require a securedcreditor to accept a surrender of property or take possessionof or title to it through repossession or foreclosure." Id. at630 ( quoting W. Homer Drake, Jr., Paul W. Bonapfel &Adam M. Goodman, Chapter 13 Practice and Procedure §9C:9 at 682 (2010-11 ed.)) (additional citations omitted)(internal quotation marks omitted). While the creditor'sfailure to foreclose might leave the debtors with continuedliabilities, these are by-products of property ownership. Id.at 631. Although the debtors prefer to walk away from theproperty, their desire does not justify shifting these burdensto the lender. As Arsenault explains, the Code does notauthorize bankruptcy courts " to create substantive rights"not otherwise available under applicable statutes; nor does

it " constitute a roving commission to do equity." Id ;accord, In re Landbank Equity Corp. , 973 F.2d. 265, 271(4th Cir. 1992).

Most courts that have considered the matter agreewith Arsenault. As long as the secured creditor's actions donot " constitute a subterfuge intended to coerce payment ofa discharged debt," the " secured creditor . . . has theprerogative to decide whether to accept or reject thesurrendered collateral." Canning , 706 F.3d at 69-70; seealso In re Khan , 504 B.R. 409, 410 (Bankr. D. Md. 2014)(noting that a debtor cannot force a secured creditor toaccept proffered property); In re Brown, 477 B.R. 915, 917(Bankr. S.D. Ga. 2012) (finding no authority for court torequire secured creditor to assume ownership obligations inproperty).[4]

Admittedly, two unpublished cases from our sistercourt in the Eastern District of North Carolina havepermitted Chapter 13 debtors to surrender property byquitclaim deed to a mortgage lender absent consent. See Inre Perry , No. 12-01633-8-RDD, 2012 WL 4795675, at *2(Bankr. E.D.N.C. Oct. 9, 2012); In re Williams , No.10-06243-8-SWH (Bankr. E.D.N.C. Jan. 30, 2014).However, it must be noted that these are unpublisheddecisions that do not identify a legal basis for theirholdings. Notably, the lenders in these cases did notrespond or defend against the motions. Thus, whilepragmatic, Perry and Williams are of limited precedentialvalue.

B. Vesting Under 11 U.SC. § 1322(b)(9) does notRequire a Creditor to Accept Title to Property.

Alternatively, it has been suggested that anencumbered property may be forced upon the lender under11 U.S.C. § 1322(b)(9),

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which provides in relevant part:

(b) Subject to subsections (a) and (c) of this section, theplan may--

(9) provide for the vesting of property of the estate, onconfirmation of the plan or at a later time, in the debtor or inany other entity.

Although § 1322(b)(9) contemplates that a plan may revestproperty in third parties, it does not state whether such reliefcan be imposed on a third party at the debtor's election. Todate, only one published decision has ever read this Codesection to require a lender to accept title to a property. SeeIn re Rosa , 495 B.R. 522 (Bankr. D. Haw. 2013). Asdiscussed below in Section I.E., taking title by deed couldimpair a lender's rights in the collateral, subject it to

83

ownership liabilities that it never would have voluntarilyassumed, and contravene state property law. Consequently,this Court declines to adopt the Rosa interpretation of thisstatute.

C. 11 U.S.C. § 105 does not Allow Courts to Alterthe Substantive Rights of Parties.

It has also been suggested that the power to require alender to accept title to its collateral exists under theBankruptcy Court's catch-all powers, as codified in 11U.S.C. § 105(a). That provision declares that a bankruptcycourt has the power to " issue any order, process, orjudgment that is necessary or appropriate to carry out theprovisions of [the Bankruptcy Code]."

While bankruptcy courts have fashioned relief underSection 105(a) in a wide variety of situations, this provisiondoes not allow courts to alter the substantive rights of theparties. In re Landbank Equity Corp. 973 F.2d 265, 271(4th Cir. 1992). Rather, the powers granted by this sectionmust be exercised in a manner consistent with theprovisions of the Code and other applicable law. Id. ; Petrov. Mishler , 276 F.3d 375, 377-378 (7th Cir. 2002).

There is no published case law construing Section 105to permit a debtor to transfer property to its mortgage lenderby fiat. This decision will not be the first.

D. Florida Law Does not Require a Creditor toInitiate Foreclosure or Accept Title to Property.

As the Arsenault decision points out, under state law,a mortgage lender cannot be compelled to initiateforeclosure. Arsenault , 456 B.R. at 630; accord RabunCnty. Bank v. Earnhardt , 749 S.E.2d 111, 2013 WL4007520, at *1-2 (N.C. Ct. App. 2013) (A creditor isentitled to elect the remedies that it wishes to pursue againsta defaulting party. It cannot be required to foreclose upon ortake title to property.); G.E. Capital Mortgage Servs., Inc.v. Neely , 135 N.C.App. 187, 192, 519 S.E.2d 553 (1999).

Similarly, a lender may not be compelled to accepttitle to property. As every first year law student knows, atransfer of real property is not effective unless the deed isdelivered and the grantee accepts it. Berry v. Berry, 992So.2d 898, 899 (Fla. Dist. Ct. App. 2d Dist. 2008), reviewdismissed , 2 So.3d 981 (Fla. 2009); accord Ballard v.Ballard , 230 N.C. 629, 633, 55 S.E.2d 316 (1949).Allowing a debtor to use the Code to unilaterally vest titlein a secured creditor by fiat would eviscerate these acceptedstate law requirements.

E. Forcing a Lender to Take Title to PropertyWould Open a Pandora's Box of Unintended, InjuriousConsequences.

Perhaps one reason that state law doesn't permit adebtor to simply deed

Page 796

property over to its lender is that doing so couldsignificantly injure the lender.

First, and obviously, forcing a lender to take titlecauses it to assume burdens of ownership for which it didnot contract. The costs of foreclosure or repossession,coupled with ongoing obligations to insure the property andto pay ad valorem taxes, may well exceed any present netrealizable value.[5]

Second, if the property is subject to multipleencumbrances, requiring a senior lender to accept title to itscollateral would destroy that lender's priority lien positionvis a vis junior mortgages, liens, and accrued HOAobligations. Foreclosure by such a senior lender cuts offjunior mortgages and liens. By contrast, the quitclaimscenario makes the lender owner of the property and, underthe doctrine of merger, it takes title subject to theseinterests. See Sanderson v. Hudlett , 832 So.2d 845, 848(Fla. 4th DCA 2002) ( citing Gourley v. Wollam, 348 So.2d1218, 1220 (Fla. 4th DCA 1977); accord WashingtonFurniture Co. v. Potter , 188 N.C. 145, 124 S.E. 122(1924).

A worse fate awaits the lender if the quitclaimedproperty is subject to environmental contamination. Makingthe lender the record owner its collateral potentiallysubjects it to personal liability for existing environmentalcontamination, as demonstrated by the case of In reGollnitz, 456 B.R. 733 (Bankr. W.D.N.Y. 2011). There, anindividual who had operated a gas station on his propertyreceived a citation for several breaches of the state'spetroleum bulk storage regulations. He retired, filedChapter 13, and through his confirmed plan, surrendered thestation to his secured creditor, the county taxing authority.When the New York Department of EnvironmentalConservation tried to compel Golintz to clean up theproperty, he maintained that by virtue of his surrender,responsibility lay with the County, even though the Countyhad not foreclosed. The bankruptcy court disagreed, rulingthat surrender did not equate to transfer of title. Id. at 736.Golintz was required to clean up the property. Id. at 738.

The potential for personal liability also exists if thecollateral property is dilapidated, damaged, or otherwise apublic nuisance. Witness the case of In re Phillips , where adebtor recorded a quitclaim deed to her mortgage holder inan effort to relieve herself of public nuisance liabilitiesrelating to her property. 368 B.R. 733 (Bankr. N.D. Ind.2007). She then sued both lender and the city in hopes offorcing the lender to bring the property up to code. Id. at

84

735. The bankruptcy court rightfully declined to permit thiscraven attempt to foist liability on the lender. Id. at 744.

As these cases point out, permitting a debtor to forceits mortgage lender to accept title to property opens aPandora's box of possible injuries to lenders.

II. Florida State Law May Allow the Roses toQuitclaim their Property to SBA, Provided that theLender Does not Object.

For the reasons stated above, SBA cannot becompelled to accept title to the Roses' property; however,under state conveyance law, the Roses still might be able toachieve their goal of transferring the Residence to the SBAprovided that

Page 797

SBA does not object. To that end, this Court grants theDebtors permission to tender the deed to SBA for itsconsideration.

As noted previously, surrender of a property by deedrequires acceptance by the grantee in order to be effective.Delivery of a deed and its acceptance are simultaneous,correlative acts. 23 Am. Jur. 2d, Deeds § 150 (2014).

This begs the question of what constitutes acceptanceof a deed under state law. Certainly, physical acceptanceworks. However, under some circumstances, acceptancecan also be presumed.

One such case is where a deed is for the benefit of thegrantee and imposes no burdens or duties on him or her.Smith v. Owens , 91 Fla. 995, 1000, 108 So. 891, 893(1926); accord Corbett v. Corbett , 249 N.C. 585, 590, 107S.E.2d 165 (1959). When a grantor causes a deedconferring substantial benefits on the grantee to berecorded, it creates prima facie and strong presumptiveevidence of a delivery to and acceptance by the grantee.Ellis v. Clark , 39 Fla. 714, 721, 23 So. 410, 412 (1897);accord Harris v. Steele , 43 N.C.App. 44, 46, 258 S.E.2d363 (1979).

Further, assent and ratification of acceptance of a deedmay be inferred from the grantee's conduct. Riehl v. Bennett, 142 So.2d 761, 763 (Fla. Dist. Ct. App. 2d Dist. 1962);accord Messer v. Laurel Hill Assoc. , 93 N.C.App. 439,445, 378 S.E.2d 220 (1989). After a grantee obtainsknowledge of the deed, its acceptance of the property maybe inferred from its conduct, including (1) failing torenounce the deed, (2) retaining possession of the property,(3) conveying or mortgaging the property, or (4) otherwiseexercising the rights of an owner of the property. Id.

On the other hand, the lender may avoid taking title

by simply objecting to the conveyance. Even in cases wherethere is a presumption of acceptance, the presumption maybe overcome by actual dissent on the part of the grantee.Smith , 91 Fla. at 1003, 108 So. at 891; accord Williams ,15 N.C.App. at 649.

The problem in this case is that there is no indicationof whether the SBA is willing to accept the proposedtransfer of the Roses' Residence. Having previously failedto exercise its foreclosure rights, the SBA has now ignoredthe Roses' motion, the hearing, and a post-hearingopportunity to brief these matters. Such indifference comesvery close to supporting a presumption of acceptance underthe aforementioned authorities. However, since an actualdeed has not yet been delivered to the SBA, and out of anabundance of caution, this Court will afford the SBA a finalopportunity to state its position before the property isconveyed. To that end,

IT IS THEREFORE ORDERED:

1. The Debtors' Motion is DENIED in the respect thatthe SBA will not be required to accept title to theResidence;

2. However, the Debtors' Motion is GRANTED to thisextent:

a. the Debtors may prepare and forward to the SBA, withinthirty (30) days of this Order, an executed quitclaim deed tothe Residence;

b. the SBA shall have sixty (60) days from delivery of saidquitclaim deed in which to take one of the following steps:

i. record the deed, and thereby accept ownership of theResidence;

ii. reject the deed and the proposed conveyance through awritten document filed with this Court, and

Page 798

served on the Debtors and their counsel; or

iii. initiate foreclosure against the Residence, therebyindicating rejection of the proposed conveyance byquitclaim deed.

3. Should the SBA fail to take any of the stepsoutlined in paragraph 2, then at the expiration of the sixty(60) day tender period, the Debtors will be permitted torecord the quitclaim deed in the applicable Florida registryand thereby transfer the property to the SBA. In this event,recordation of the deed shall be considered finalconveyance of the Residence to the SBA, not subject to

85

later repudiation.

4. Debtors' counsel is awarded a $450 non-base fee inconnection with this matter.

---------

Notes:

[1]The Roses did not brief these matters, citing financiallimitations. However, several other constituenciesrepresenting consumer debtor interests have done so.

[2]The plan was confirmed on February 13, 2013.

[3]The amicus briefs incorrectly assume the applicable lawis North Carolina, but that is of no matter, as the law in bothstates is the same. Given this, parallel North Carolina citesare included.

[4]Other cases with similar holdings include In re Pratt ,462 F.3d 14 (1st Cir. 2006); In re Moore , 477 B.R. 918(Bankr. S.D. Ga. 2012); In re Colon , 465 B.R. 657, 2011WL 4706289 (Bankr. D. Utah 2011); In re Spencer , 457B.R. 601 (E.D. Mich. 2011); In re Cormier , 434 B.R. 222(Bankr. D. Mass. 2010); In re White , 282 B.R. 418 (Bankr.N.D. Ohio 2002).

[5]This doesn't mean that a lender resisting the proposedconveyance should be required to cancel its mortgage.Since real property values fluctuate, it can be reasonable fora creditor to decline to exercise its state law rights at onepoint in time based upon the current market value of theproperty, but wish to preserve the same rights for later usewhen property values recover.

---------

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1

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------------x In re: : : Chapter 13 NELLIE M. MALAVE : : Case No. 13-13348 (ALG)

Debtor. : --------------------------------------------------------------------x

ORDER

Nellie M. Malave (the “Debtor”) filed a voluntary petition for bankruptcy relief on

October 14, 2013 (the “Petition Date”). Under the terms of the Debtor’s Chapter 13 Plan (the

“Plan”), the Debtor proposes to surrender real property located at 5 Briarcliff Road, Carmel,

New York 10512 (the “Property”), in full satisfaction of the claim and to vest title to the Property

in Creditor GMAC Mortgage, LLC upon confirmation of the Plan. On October 24, 2013, Ocwen

Loan Servicing, LLC (“Ocwen”), assignee of GMAC Mortgage, LLC, objected to the Plan

because it proposes to transfer title to the Property to Ocwen. Additionally, Ocwen filed Proof of

Claim No. 1 as a secured claim in the amount of $228,136.17. The Plan values the Property at

$201,375.00 (less 10% liquidation costs).

On January 7, 2014, Debtor moved for an order approving surrender of the Property in

full satisfaction of the debt, vesting title in Ocwen, which Ocwen opposed. On April 3, 2014, this

Court heard the motion to confirm the Plan, surrender the Property and vest title, along with

Ocwen’s objections.

The Supreme Court has stated, “If a secured creditor does not accept a debtor’s Chapter

13 plan, the debtor has two options for handling allowed secured claims: surrender the collateral

to the creditor, see § 1325(a)(5)(C); or, under the cram down option, keep the collateral over the

creditor’s objection and provide the creditor, over the life of the plan, with the equivalent of the

13-13348-jlg Doc 23 Filed 04/11/14 Entered 04/11/14 12:54:53 Main Document Pg 1 of 4 87

2

present value of the collateral, see § 1325(a)(5)(B).” Associates Commercial Corp. v. Rash, 520

U.S. 953, 962 (1997). However, there is a clear distinction between surrender and vesting title in

full satisfaction of the debt. As the Supreme Court continued, “When a debtor surrenders the

property, a creditor obtains it immediately, and is free to sell it. . . .” Id. A second step is

necessary, unless the creditor takes the property in satisfaction of the debt.

Several cases have accordingly held that a debtor “may not compel [a] creditor to . . . take

title in the realty” where the creditor timely objects to confirmation of the plan. In re Service,

155 B.R. 512, 514 (Bankr. E.D. Mo. 1993); see also In re Harris, 244 B.R. 556, 557 (Bankr. D.

Conn. 2000) (“Service appropriately held that any surrender of property by deed conveyance

requires acceptance by the grantee to be effective.”). The Service court also held that the

legislative history of § 554 of the Bankruptcy Code would not provide a debtor with the right to

abandon property to a secured creditor who did not have a prior possessory interest in the

property. 155 B.R. at 514–15.

The Debtor principally relies on In re Rosa, 495 B.R. 522 (Bankr. D. Haw. 2013), to

support her argument that she has the right to transfer title to Ocwen. In Rosa, the court

confirmed a plan that proposed to vest title in a secured creditor, in addition to surrendering the

property. Id. at 525. The Court relied on the language of § 1325(a)(5)(A) of the Bankruptcy

Code, which provides that a plan shall be confirmed if a secured creditor “accepts” the plan. Id.

at 524. Although the secured creditor in Rosa did not expressly accept the plan, a creditor that

fails to object to a plan despite having received adequate notice is deemed to have accepted it.

See United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260, 269–70 (2010). The Rosa Court

discussed the application of subsections (B) and (C) of § 1325(a)(5) and determined that the

“cramdown” provision would not apply to the facts and that the “surrender” provision could not


3

fully validate the plan because vesting title goes beyond surrender of the property. Rosa, 495

B.R. at 524.

The Debtor’s reliance on Rosa is not supported by the facts of this case. When a secured

creditor timely objects to the confirmation of a plan that proposes to vest title in that creditor, the

court cannot confirm the plan. See Harris, 244 B.R. at 557; Service, 155 B.R. at 514. Ocwen has

timely objected to the confirmation of the Plan and has opposed the Debtor’s motion to approve

vesting of the property; therefore, the Debtor cannot require Ocwen to accept title to the

Property.

However, it is clear that the Debtor can still confirm a plan that surrenders the Property

to Ocwen. See Rash, 520 U.S. at 961; see also Harris, 244 B.R. at 557 (“No court has held that

§ 1325(a)(5)(C) requires consent of the secured creditor to be effectual. . . .”). Should the Debtor

wish to proceed by surrendering the property in question and moving to confirm the plan under

§ 1325(a)(5)(C)—without vesting title in Ocwen—Ocwen is entitled to a deficiency claim for the

amount that its allowed claim exceeds the value of the Property.

In In re Sneijder, 407 B.R. 46 (Bankr. S.D.N.Y. 2009), Judge Glenn of this Court

considered the procedures to be used to establish the amount of such a claim, especially if

waiting for a foreclosure sale would unduly delay administration of the chapter 13 case. See also

Santander Consumer USA, Inc. v. Brown (In re Brown), 13-13013, 2014 WL 1245266, *4 (11th

Cir. Mar. 27, 2014), where the Court, in a case involving personal property, found that a partially

secured creditor had no right “to liquidate and pursue an unsecured claim for any deficiency”

under state law because the provisions of the Bankruptcy Code regarding establishing the claim

amount override any contrary provisions of state law. Accordingly, if the parties cannot agree on

the amount of the deficiency claim, they are directed to appear before the Court on May 1, 2014


4

at 10:00 a.m. to determine whether an estimation proceeding under § 502(c) or a hearing under

§ 506(a) would be appropriate, in light of the fact that the confirmation hearing is scheduled for

June 5, 2014.

IT IS SO ORDERED.

Dated: New York, New York April 11, 2014

/s/ Allan L. Gropper UNITED STATES BANKRUPTCY JUDGE


OFFICIAL LOCAL FORM 3

UNITED STATES BANKRUPTCY COURTDISTRICT OF MASSACHUSETTS

FIRST AMENDED PRE-CONFIRMATION CHAPTER 13 PLAN COVER SHEET

Filing Date: 7/30/14 Docket #: 14-41675Debtor: Paul R. Sagendorph, II Co-Debtor:SS#: xxx-xx-1148 SS#:

Address:43 Fiskdale RoadBrookfield, MA 01506-1730 Address:

43 Fiskdale RoadBrookfield, MA 01506-1730

Debtor's Counsel: Paul A. LaRoche 560487

Address:

P.O. Box 504338 Elm StreetGardner, MA 01440

Telephone #: 978-632-1633Facsimile #: 978-630-3444

ATTACHED TO THIS COVER SHEET IS THE FIRST AMENDED PRE-CONFIRMATION CHAPTER 13 PLAN FILEDBY THE DEBTOR(S) IN THIS CASE. THIS PLAN SETS OUT THE PROPOSED TREATMENT OF THE CLAIMS OFCREDITORS. THE CLAIMS ARE SET FORTH IN THE BANKRUPTCY SCHEDULES FILED BY DEBTOR(S) WITHTHE BANKRUPTCY COURT.

PURSUANT TO THE MASSACHUSETTS LOCAL BANKRUPTCY RULES, YOU HAVE UNTIL THIRTY (30) DAYSAFTER THE § 341 MEETING OR THIRTY (30) DAYS AFTER THE SERVICE OF AN AMENDED OR MODIFIED PLANTO FILE AN OBJECTION TO CONFIRMATION OF THE CHAPTER 13 PLAN, WHICH OBJECTION MUST BESERVED ON THE DEBTOR, DEBTOR'S COUNSEL AND THE CHAPTER 13 TRUSTEE.

Software Copyright (c) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy

Case 14-41675 Doc 70 Filed 02/10/15 Entered 02/10/15 11:26:17 Desc Main Document Page 1 of 9 91

OFFICIAL LOCAL FORM 3

UNITED STATES BANKRUPTCY COURTDISTRICT OF MASSACHUSETTS

FIRST AMENDED PRE-CONFIRMATION CHAPTER 13 PLAN

FIRST AMENDED PRE-CONFIRMATION CHAPTER 13 PLAN

Docket No.: 14-41675

DEBTOR(S): (H) Paul R. Sagendorph, II SS# xxx-xx-1148

(W) SS#

I. PLAN PAYMENT AND TERM:

Debtor's shall pay monthly to the Trustee the sum of $ 504.00 for the term of:

36 Months. 11 U.S.C. § 1325(b)(4)(A)(i);

60 Months. 11 U.S.C. § 1325(b)(4)(A)(ii);

60 Months. 11 U.S.C. § 1322(d)(2). Debtor avers the following cause:

;or

Months. The Debtor states as reasons therefore:

II. SECURED CLAIMS

A. Claims to be paid through the plan (including arrears):

Creditor Description of Claim (pre-petition arrears,purchase money, etc.)

Amount of Claim

Wells Fargo Home Mortgage Pre-petition arrears $ 285.68

Total of secured claims to be paid through the Plan $ 285.68B. Claims to be paid directly by debtor to creditors (Not through Plan):Creditor Description of ClaimNYCB Mortgage Company LLC Second Mortgage on 43 Fiskdale Road, Brookfield MASpencer Bank First Mortgage on 71-73 Joslyn Road, Hardwick, MASpencer Savings Bank Auto LoanWells Fargo Home Mortgage First Mortgage on 43 Fiskdale Road, Brookfield MA

C. Modification of Secured Claims:

Creditor Details of Modification(Additional DetailsMay Be Attached)

Amt. of Claim to Be PaidThrough Plan

JP Morgan Chase Bank60 Pulaski St, Ware, MA is surrendered infull satisfaction of secured claim. 0.00



Creditor Details of Modification(Additional DetailsMay Be Attached)

Amt. of Claim to Be PaidThrough Plan

Residential Credit Solutions24-30 East St, Ware, MA is surrendered infull satisfaction of secured claim. 0.00

Wells Fargo Correspondence51 Pleasant St, Ware, MA is surrendered infull satisfaction of secured claim. 0.00

D. Leases:

i. The Debtor(s) intend(s) to reject the residential/personal property lease claims of-NONE-

; or

ii. The Debtor(s) intend(s) to assume the residential/personal property lease claims of-NONE-

.

iii. The arrears under the lease to be paid under the plan are 0.00 .

III. PRIORITY CLAIMS

A. Domestic Support Obligations:

Creditor Description of Claim Amount of Claim-NONE- $

B. Other:


Total of Priority Claims to Be Paid Through the Plan $ 0.00

IV. ADMINISTRATIVE CLAIMS

A. Attorneys fees (to be paid through the plan): $ 3,000.00

B. Miscellaneous fees:


C. The Chapter 13 Trustee's fee is determined by Order of the United States Attorney General. The calculation of the Plan paymentset forth utilizes a 10% Trustee's commission.

V. UNSECURED CLAIMS

The general unsecured creditors shall receive a dividend of 100 % of their claims.

A. General unsecured claims: $ 23,909.32



B. Undersecured claims arising after lien avoidance/cramdown:


C. Non-Dischargeable Unsecured Claims:

Creditor Description of claim Amount of Claim-NONE- $

Total of Unsecured Claims (A + B + C): $ 23,909.32

D. Multiply total by percentage: $ 23,909.32 (Example: Total of $38,500.00 x .22 dividend = $8,470.00)

E. Separately classified unsecured claims (co-borrower, etc.):

Creditor Description of claim Amount of claim-NONE- $

Total amount of separately classified claims payable at % $ 0.00

VI. OTHER PROVISIONS

A. Liquidation of assets to be used to fund plan:

B. Miscellaneous provisions:Special Intentions:

The Debtors are Surrendering the Residence located at 51 Pleasant Street, Ware, MA to Wells Fargo and/orany Successors and Assigns in Full Satisfaction of Any and All Claims filed. Wells Fargo and/or anySuccessors and Assigns will Foreclose on the property in full Satisfaction of the Mortgage, Note and anyoutstanding Fees. Pursuant to §§1322(b)(8) and (9),title to the property located at 51 Pleasant Street, Ware,MA shall vest in Wells Fargo and/or any Successors and Assigns upon confirmation, and the ConfirmationOrder shall constitute a deed of conveyance of the property when recorded at the Registry of Deeds. Allsecured claims will be paid by surrender of the collateral and foreclosure of the security interest. TheRegistry of Deeds reflects that there are no junior mortgages, attachments, executions, or municipal/tax lienson this property. Registry of Deeds records show that the only encumbrances on this property is themortgage held by Wells Fargo.

The Debtors are Surrendering the Residence located at 24-30 East Street, Ware, MA to Residential CreditSolutions and/or any Successors and Assigns in Full Satisfaction of Any and All Claims filed. ResidentialCredit Solutions and/or any Successors and Assigns will Foreclose on the property in full Satisfaction of theMortgage, Note and any outstanding Fees. Pursuant to §§1322(b)(8) and (9),title to the property located at24-30 East Street, Ware, MA shall vest in Residential Credit Solutions and/or any Successors and Assignsupon confirmation, and the Confirmation Order shall constitute a deed of conveyance of the property whenrecorded at the Registry of Deeds. All secured claims will be paid by surrender of the collateral andforeclosure of the security interest.

The Debtors are Surrendering the Residence located at 60 Pulaski Street, Ware, MA to JP Morgan Chaseand/or Bayview Loan Servicing, LLC and/or any Successors and Assigns. JP Morgan Chase and/or BayviewLoan Servicing, LLC and/or any Successors and Assigns will Foreclose on the property in full Satisfactionof the Mortgage, Note and any outstanding Fees. Pursuant to §§1322(b)(8) and (9),title to the property locatedat 60 Pulaski Street, Ware, MA shall vest in JP Morgan Chase and/or Bayview Loan Servicing, LLC and/orany Successors and Assigns upon confirmation, and the Confirmation Order shall constitute a deed ofconveyance of the property when recorded at the Registry of Deeds. All secured claims will be paid bysurrender of the collateral and foreclosure of the security interest.



VII. CALCULATION OF PLAN PAYMENT

A) Secured claims (Section I-A Total): $ 285.68

B) Priority claims (Section II-A&B Total): $ 0.00

C) Administrative claims (Section III-A&B Total): $ 3,000.00

D) Regular unsecured claims (Section IV-D Total):+ $ 23,909.32

E) Separately classified unsecured claims: $ 0.00

F) Total of a + b + c + d + e above: =$ 27,195.00

G) Divide (f) by .90 for total including Trustee's fee:

Cost of Plan= $ 30,216.60

(This represents the total amount to be paid into the Chapter 13 plan)

H. Divide (G), Cost of Plan, by Term of Plan, 60 monthsI. Round up to nearest dollar for Monthly PlanPayment:

$ 504.00

(Enter this amount on page 1)

Pursuant to 11 U.S.C. § 1326(a) (1), unless the Court orders otherwise, a debtor shall commence making the payments proposed by aplan within thirty (30) days after the petition is filed. Pursuant to 11 U.S.C. §1326(a)(1)(C), the debtor shall make preconfirmationadequate protection payments directly to the secured creditor.

VIII. LIQUIDATION ANALYSIS

A. Real Estate:

Address Fair Market Value Total Amount of Recorded Liens(Schedule D)

Single Family HomeDebtors' Primary Residence43 Fiskdale RoadBrookfield MA 01506 $ 210,000.00 $ 163,205.40

Multifamily HomeDebtors' Rental Property71-73 Joslyn RoadHardwick (Gilbertville), MA $ 89,000.00 $ 64,432.47

Multifamily HomeDebtors' Rental Property24-30 East StreetWare, MA(Debtor/Husband is surrendering thisproperty) $ 95,000.00 $ 168,660.58

Multifamily HomeDebtors' Rental Property51 Pleasant StreetWare, MA(Debtor/Husband is surrendering thisproperty) $ 89,000.00 $ 61,498.99

Multifamily HomeDebtors' Rental Property60 Pulaski StreetWare, MA(Debtor/Husband is surrendering thisproperty) $ 99,000.00 $ 146,719.00

Total Net Equity for Real Property: $ 98,863.14Less Exemptions (Schedule C): $ 46,794.60Available Chapter 7: $ 52,068.54



B. Automobile (Describe year, make and model):

2006 Cheverolet Silverado 1500120k Miles Value $ 7,325.00 Lien $ 0.00 Exemption $ 0.00

1969 Dodge Charger60K Miles Value $ 13,567.00 Lien $ 696.98 Exemption $ 7,500.00

1999 Harley Davidson FXDX 1450CC24K Miles Value $ 4,195.00 Lien $ 0.00 Exemption $ 0.00

1999 Toyota Camry119k Miles Value $ 1,600.00 Lien $ 0.00 Exemption $ 0.00

Total Net Equity: $ 25,990.02Less Exemptions (Schedule C): $ 7,500.00Available Chapter 7: $ 18,490.02



C. All other Assets (All remaining items on Schedule B): (Itemize as necessary)Cash on HandSavings AccountAccount No. 4525Ally Bank(Joint w/Non-Filing Spouse)Savings AccountAccount No. 8825Ally Bank(Joint w/Non-Filing Spouse)Savings AccountAccount No. 8833Ally Bank(Joint w/Non-Filing Spouse)Savings AccountAccount No. 8841Ally Bank(Joint w/Non-Filing Spouse)Savings AccountAccount No. 8153Ally Bank(Joint w/Non-Filing Spouse)Savings AccountAccount No. 9316Ally Bank(Joint w/Non-Filing Spouse)Checking AccountAccount No. 1090Country BankBusiness CheckingAccount No. 1366North Brookfield Savings BankChecking AccountAccount No. 0105Chicopee SavingsBusiness CheckingAccount No. 4763Family First BankChecking AccountAccount No. 0173Family First Bank(Joint w/Non-Filing Spouse)Savings AccountAccount No. 0181Family First Bank(Joint w/Non-Filing Spouse)Checking accountAccount number ending: 0615Ally Bank(Listed on non-filing spouse's account)Checking accountAccount number ending: 2078Ally Bank(Listed on non-filing spouse's account)Checking accountAccount number ending: 2922Ally Bank(Listed on non-filing spouse's account)Household Goods and FurnishingsIncluding Appliances from Rental PropertiesClothing and AccessoriesMiscellaneous Jewelry & WatchesFirearms and AmmunitionIncluding (1) Beretta 9 mm and (1) Ruger Redhawk .44 mag



Term Life Insurance Policythrough employer(NO Cash Value)401K PlanFidelity InvestmentsEmployer SponsoredNot Part of the Bankruptcy EstateListed for Disclosure Purposes OnlyRoth IRAEquity Trust CompanyAccount No. 6620Property included in the trust includes:42 Mechanic StreetSpencer, MA and14 Park AvenueWare, MATraditional IRAEquity Trust CompanyAccount No. 4615Investment PortfolioTD AmeritradeAccount No. 60931983 Hutchins Com-Pac 19' Sailboatw/1993 Karavan TrailerValue of sailboat and trailer based onsimiliar item listed on sailboatlistings.com(NOTE: Sailboat has not been in thewater for 5+ years. Debtor is unsureof condition)Household PetsIncluding (2) Dogs

Total Net Value: $ 251,458.80Less Exemptions (Schedule C): $ 37,125.99Available Chapter 7: $ 214,332.81

D. Summary of Liquidation Analysis (total amount available under Chapter 7):

Net Equity (A and B) plus Other Assets (C) less all claimed exemptions: $ 284,891.37

E. Additional Comments regarding Liquidation Analysis:

IX. SIGNATURES

Pursuant to the Chapter 13 rules, the debtor or his or her attorney is required to serve a copy of the Plan upon the Chapter 13 Trustee,all creditors and interested parties, and to file a Certificate of Service accordingly.

/s/ Paul A. LaRoche February 10, 2015Paul A. LaRoche 560487 DateDebtor's AttorneyAttorney's Address: P.O. Box 504

338 Elm StreetGardner, MA 01440Tel. #: 978-632-1633 Fax:978-630-3444Email Address: [email protected]



I/WE DECLARE UNDER THE PENALTIES OF PERJURY THAT THE FOREGOING REPRESENTATIONS OF FACTARE TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF.

Date February 10, 2015 Signature /s/ Paul R. Sagendorph, IIPaul R. Sagendorph, IIDebtor



In re: PAUL R. SAGENDORPH, II Debtor

No. 14-41675-MSH

United States Bankruptcy Court, District ofMassachusetts, Central Division

June 22, 2015

Paul A. LaRoche, Esq.Law Offices of Paul A.LaRoche Gardner, Massachusetts for Paul R. Sagendorph,II

Tatyana P. Tabachnik, Esq. Harmon Law OfficesNewton Highlands, Massachusetts for Wells Fargo Bank,NA.

David G. Baker, Esq. Boston, Massachusetts forNational Association of Consumer Bankruptcy Attorneys

MEMORANDUM OF DECISION ONCONFIRMATION OF THE DEBTOR'S FIRSTAMENDED CHAPTER 13 PLAN

Melvin S. Hoffman U.S. Bankruptcy Chief Judge

Section 1322(b) of the Bankruptcy Code (11 U.S.C. §101 et seq) sets forth a list of provisions that may beincluded in a chapter 13 plan. Subsection 9 permits a plan to"provide for the vesting of property of the estate, onconfirmation of the plan or at a later time, in the debtor or inany other entity." The dispute between Paul R. Sagendorph,II, the debtor and plan proponent in this case, and WellsFargo Bank, N.A., one of Mr. Sagendorph's creditors, isover the meaning and purpose of this subsection.

Before addressing the particulars of the parties'debate, some background is in order. On July 30, 2014, Mr.Sagendorph filed a voluntary petition for relief underchapter 13 of the Bankruptcy Code. Schedule A (real estate)of the schedules of assets and liabilities filed by Mr.Sagendorph in support of his petition reflects that he is thesole owner of three income-producing properties, includinga multifamily property located at 51 Pleasant Street inWare, Massachusetts. According to Mr. Sagendorph'sschedule D (creditors holding secured claims), Wells FargoHome Mortgage holds the only mortgage on the PleasantStreet property.[1] Mr. Sagendorph valued the property at$89, 000 and scheduled the amount of Wells Fargo's claimas $60, 545.41. Wells Fargo subsequently filed a proof ofclaim asserting a secured claim in the amount of $61,498.99.

On August 15, 2014, Mr. Sagendorph filed his initialchapter 13 plan. The plan provided that the claims of each

of the creditors holding mortgages on Mr. Sagendorph'sthree income-producing properties would be paid in fullthrough a surrender and vesting of title to each property inits respective mortgagee. The plan contained threesubstantively identical provisions for the treatment of thethree mortgagees, differentiated only by the propertyaddress and mortgagee's identity. With respect to thetreatment of Wells Fargo's claim the plan provided:

The Debtor is Surrendering the property located at 51Pleasant Street, Ware, MA to Wells Fargo and/or anySuccessors and Assigns in Full Satisfaction of Any and AllClaims filed. Wells Fargo and/or any Successors andAssigns will Foreclose on the property in full Satisfactionof the Mortgage, Note and any outstanding Fees. Pursuantto §§ 1322(b)(8) and (9), title to the property located at 51Pleasant Street, Ware, MA shall vest in Wells Fargo and/orany Successors and Assigns upon confirmation, and theConfirmation Order shall constitute a deed of conveyanceof the property when recorded at the Registry of Deeds. Allsecured claims will be paid by surrender of the collateraland foreclosure of the security interest. [Capitalization inthe original].

Wells Fargo was the only one of the mortgagees toobject to plan confirmation, arguing that Mr. Sagendorph'splan could not provide for conveyance of title to thePleasant Street property without Wells Fargo's consentwhich, needless to say, Wells Fargo would not be offering.Wells Fargo protested that an involuntary transfer of title toit pursuant to Bankruptcy Code § 1322(b)(9) would beunfair and in violation of state law. It would result in thebank's owning the property subject to other outstandingliens while simultaneously depriving it of the ability toconduct a foreclosure sale under the power of saleprovisions of its mortgage by virtue of the merger of itsmortgage rights into its newly acquired fee ownershiprights. Wells Fargo also raised the argument that Mr.Sagendorph's plan was unconfirmable because it did notprovide for the treatment of Wells Fargo's secured claim asrequired by Bankruptcy Code § 1325(a)(5) which, to theextent of any inconsistency, prevailed over § 1322(b)(9). Isustained Wells Fargo's objection with the caveat that I wasnot precluding the possibility that a properly structuredchapter 13 plan which provided for vesting of property in asecured creditor was confirmable. On that basis I gave Mr.Sagendorph the opportunity to file an amended chapter 13plan which addressed as many of Wells Fargo's concerns aspossible.

Mr. Sagendorph filed his amended chapter 13 planalong with a motion for leave to amend on February 10,2015. The plan provision setting forth the treatment of

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Wells Fargo's secured claim remained essentiallyunchanged from the prior plan except that two additionalsentences, highlighted below, were added. The amendedprovision states:

The Debtors are Surrendering the Residence located at 51Pleasant Street, Ware, MA to Wells Fargo and/or anySuccessors and Assigns in Full Satisfaction of Any and AllClaims filed. Wells Fargo and/or any Successors andAssigns will Foreclose on the property in full Satisfactionof the Mortgage, Note and any outstanding Fees. Pursuantto §§1322(b)(8) and (9), title to the property located at 51Pleasant Street, Ware, MA shall vest in Wells Fargo and/orany Successors and Assigns upon confirmation, and theConfirmation Order shall constitute a deed of conveyanceof the property when recorded at the Registry of Deeds. Allsecured claims will be paid by surrender of the collateraland foreclosure of the security interest. The Registry ofDeeds reflects that there are no junior mortgages,attachments, executions, or municipal/tax liens on thisproperty. Registry of Deeds records show that the onlyencumbrances (sic) on this property is the mortgage held byWells Fargo.

Wells Fargo renewed its objection to confirmation.The parties submitted various memoranda of law stakingout their respective positions. The National Association ofConsumer Bankruptcy Attorneys filed an amicus curiaememorandum supporting confirmation of Mr. Sagendorph'splan.

Wells Fargo views § 1322(b)(9) as subservient to orpre-empted by § 1325(a)(5)(C). Bankruptcy Code §1325(a)(5) sets forth three alternative ways a plan cansatisfy secured claims and mandates that the bankruptcycourt "shall" confirm a plan proposing any one of thosetreatments. Section 1325(a)(5)(C), the third alternative,instructs the bankruptcy court to confirm a plan if itprovides with respect to an allowed secured claim that thedebtor surrenders the property securing such claim to theholder of the claim.

The term "surrender" while not defined in theBankruptcy Code has developed a distinct meaning in thiscircuit. "'Surrender' in the present context is that the debtoragreed to make the collateral available to the securedcreditor - viz., to cede his possessory rights in thecollateral.. ."[2] Pratt v. Gen. Motors Acceptance Corp. (Inre Pratt), 462 F.3d 14, 19 (1st Cir. 2006)), (emphasis inoriginal); see also Canning v. Beneficial Maine, Inc. (In reCanning), 706 F.3d 64, 69 (1st Cir. 2013). "Vesting, "which is the term used in § 1322(b)(9), is also undefined inthe Code but plainly means to place one in legal possessionor ownership of property. Black's Law Dictionary (9th Ed.)defines "vest" as "1. To confer ownership (of property)upon a person. 2. To invest (a person) with the full title to

property. 3. To give (a person) an immediate, fixed right ofpresent and future enjoyment. 4. Hist. To put (a person) intopossession of land by ceremony of investiture." The OxfordEnglish Dictionary (3rd ed.) defines "vest" as "To place,settle, or secure (something) in the possession of a person orpersons." In the context in which these terms are used in theBankruptcy Code, surrender is a less consequential eventthan vesting. Surrender means making the propertyavailable to be taken; vesting means transferring title.

In the view of Wells Fargo and the authorities uponwhich it relies, [3] surrender under § 1325(a)(5)(C)represents the outer limits of a chapter 13 plan's power withrespect to a secured creditor's treatment because it compelsthe bankruptcy court to confirm a plan that provides forsuch treatment. Section 1322(b), on the other hand, containsa list of provisions a plan "may" include thus, according toWells Fargo, making confirmation of plans with suchprovisions entirely discretionary. Essentially, the argumentagainst confirming Mr. Sagendorph's plan is that when itcomes to the plan treatment of allowed secured claims, §1325(a)(5) occupies the field with respect to in-kindpayment, and any other proposed treatment, including §1322(b)(9) vesting, must yield to the provisions of thatsection.[4]

Wells Fargo also argues that allowing a debtor totransfer property to an unwilling grantee violates state lawand is bad policy to boot. Forcing a lender to accept a deedto property encumbered by other liens "will open up avariety of additional problems, " maintains Wells Fargo inits memorandum of law. The lender might find itselfholding title to property encumbered by liens to which ithad absolutely no connection and, as a result of merger, noability to clear by foreclosure. It would, states Wells Fargo,permit a debtor "who has created whatever problems onecan think up" to rid himself of property by foisting it on hismortgagee. Wells Fargo cites the decision of the UnitedStates Supreme Court in Butner v. U.S., 440 U.S. 48, 55(1979), in which the Court stated that property rights aredetermined with reference to state law, and notes thatMassachusetts law does not permit a mortgagor toinvoluntarily transfer mortgaged property to the mortgagee.

Mr. Sagendorph and his amicus ally are having noneof this. Based on authority they bring to bear, [5] they arguethat there is no basis to tether § 1325(a)(5)(C) and §1322(b)(9). The sections do not refer to one another andhave entirely different purposes. As for the fact thatinvoluntary vesting violates Massachusetts law they notethat as federal law the Bankruptcy Code preempts state law.

Having reprised the relevant factual and proceduralhistory of this case and the parties' arguments for andagainst plan confirmation, a ruling is in order. I concludethat a correct application of the relevant provisions of the

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Bankruptcy Code permits a chapter 13 debtor to propose aplan that provides for transferring title to mortgaged realestate to the mortgagee in full satisfaction of its claimsubject to the mortgagee's right to object, in which case thecourt must determine if the plan has been proposed in goodfaith, is otherwise in compliance with the Code, and shouldbe confirmed. This approach maintains the integrity of both§ 1325(a)(5) and § 1322(b) and is consistent with the mostbasic principles of bankruptcy restructuring as enunciated inthe Code's reorganization provisions embodied in chapters11, 12, and 13.

Bankruptcy Code § 1322, entitled "contents of plan, "offers a plan proponent a menu of provisions, somemandatory and some discretionary, to include in a chapter13 plan. One of the optional provisions is (b)(9), whichpermits a plan to provide for vesting of estate property inany entity.[6] Bankruptcy Code § 1325, entitled"confirmation of plan", tells the proponent that if the plan,composed of the various menu items catalogued in § 1322,meets certain baseline requirements the proponent can restassured that the court will confirm it. One of those baselinerequirements is § 1325(a)(5)(C) which requires the court toconfirm a plan that provides for treatment of an allowedsecured claim by the debtor's surrendering to theclaimholder the property securing that claim.

Congress is presumed to have chosen deliberately thewords it includes in a statute. Univ. of Texas SouthwesternMed. Ctr. v. Nassar, 133 S.Ct. 2517, 2529 (2013). Thewords "vesting of property" in § 1322(b)(9) and "surrenderthe property" in § 1325(a)(5)(C) are different and meandifferent things. Any argument that Congress intended §1325(a)(5)(C) to trump § 1322(b)(9) and so "vest" must beread to mean "surrender" is implausible. These provisionsare not in conflict.

A plan which contains a provision for transferring orvesting in the secured creditor the property that is itscollateral would be compliant with and confirmable under §1325(a)(5)(C) because a transfer of property presupposes itssurrender by the transferor. Surrendering or "cedingpossessory rights" Pratt, 462 F.3d at 19, is a preliminarystep in the process of transferring title. This interpretationof vesting in § 1322(b)(9) is consistent with and presents anavenue for effectuating § 1322(b)(8) which permits "thepayment of part or all of a claim against the debtor fromproperty of the estate or property of the debtor."

Does Massachusetts law permit a mortgagor to force amortgagee to take title to mortgaged property? It does not.But the Bankruptcy Code as federal law preempts state lawwith which it is in conflict. Butner, which recognizes thatproperty interests are created and defined by state law,hastens to add "unless some federal interest requires adifferent result." Butner, 440 U.S. at 55. "Even where state

law creates the property interest, it must yield where itconflicts with the provisions of the Bankruptcy Code."Patriot Portfolio, LLC v. Weinstein (In re Weinstein), 164F.3d 677, 683 (1st Cir.1999).

The paramount federal interest here is the fresh startpolicy of the Bankruptcy Code. The Code's reorganizationprovisions advance that policy. So, for example,"cramdown, " the involuntary re-writing of a secured loan'sbasic terms, a concept completely alien to state law contractprinciples, is a quintessential feature of the BankruptcyCode. In chapter 13, cramdown is another of the § 1322menu options available to debtors for inclusion in theirplans. See § 1322(b)(2). A secured creditor who objects to achapter 13 plan which proposes to reduce to market theinterest rate or secured balance of its loan because state lawdoes not permit such things would be wasting its time. Thesame is true for a plan which provides for the involuntarytransfer to the creditor of its collateral.

Applying § 1322(b)(9) consistently with its plainmeaning promotes coherence in the reorganization chaptersof the Bankruptcy Code. It seems a self-evident truth thatwherever possible the reorganization rights of chapter 11and chapter 13 debtors should be the same. Obviously, thereare a number of areas where Congress chose to treat the twochapters differently. One example is plan voting; creditorshave no right to vote on chapter 13 plans. Chapter 11 plansmay provide for repayment to creditors over as many yearsas a debtor can justify. Chapter 13 plans must be completedin no more than five years. But the differences between thetwo primary reorganization chapters should be cabined byexplicit statutory mandate. In the absence of a statutorydirective, the two chapters should offer comparable relief todebtors who seek to reorganize. Albertsons and Albert Sunshould, as far as possible, have access to the samebankruptcy tools for reorganizing.

Bankruptcy Code § 1123, which is § 1322's chapter 11analog and like § 1322 is entitled "contents of plan, "provides that a plan may propose the "transfer of all or anypart of the property of the estate to one or more centities."Bankruptcy Code § 1123(a)(5)(B). Just as Bankruptcy Code§ 1123(a)(5)(B) authorizes so-called "dirt for debt plans" inchapter 11, § 1322(b)(9) should permit confirmation ofchapter 13 plans calling for the transfer of collateral to asecured creditor in satisfaction of the creditor's debt.

None of this is to say that when confronted with aplan that proposes dirt for debt a creditor must simplyrelent. Courts in chapter 11 cases have declined to confirmsuch plans based on the specific facts of the case. See In reBate Land & Timber, LLC, 523 B.R. 483, 510-11 (Bankr.E.D. N.C. 2015) (surrender of only part of creditor'scollateral valued at less than the lower end of the securedcreditor's claim did not provide creditor with the indubitable

102

equivalent of its secured claim); see also In re Arnold &Baker Farms, 85 F.3d. 1415 (9th Cir. 1996) (value ofcollateral to be surrender in a partial dirt-for-debt plan wasnot the indubitable equivalent of creditor's secured claim).In chapter 13, a creditor who believes that a plan calling forthe transfer of collateral should be denied confirmation forreasons like the ones Wells Fargo has raised here, couldchallenge the plan on the basis that it violates BankruptcyCode § 1325(a)(3) as being in bad faith or contrary toBankruptcy Code requirements. Thus, a plan proposing totransfer to a mortgagee property that is contaminated orvandalized could be objected to as being proposed in badfaith. A plan proposing to transfer to a mortgagee propertythat is heavily encumbered or worth significantly less thanthe mortgage debt without also affording the mortgagee aright to participate as an unsecured creditor for anydeficiency claim is another fact-specific example of a planwhere a lender could raise an objection based on bad faithor non-compliance with § 1322(a)(3).

In this case there has been no claim that the PleasantStreet property is subject to environmental contamination ordebtor-induced deterioration. And while it is true that Mr.Sagendorph's chapter 13 plan does not afford Wells Fargothe right to participate in the unsecured class of creditors tothe extent it experiences any deficiency on its securedclaim, Wells Fargo has raised no complaint about thispresumably because it does not dispute Mr. Sagendorph'sposition as declared in his schedules that the Pleasant Streetproperty is worth more than Wells Fargo's debt. Finally,Wells Fargo cannot complain about being forced to takeproperty subject to other liens as Wells Fargo has notdisputed Mr. Sagendorph's position that the Pleasant Streetproperty is encumbered solely by Well Fargo's mortgage.[7]

In summary, while Wells Fargo's objection to planconfirmation may apply to other cases, it does not apply tothis one. The objection will be overruled and Mr.Sagendorph's motion to amend his plan will be allowed.The chapter 13 trustee will be instructed to prepare and filewith the court a form of order confirming Mr. Sagendorph'samended chapter 13 plan.

---------

Notes:

[1] Wells Fargo Bank, N.A. clarifies that it and not WellsFargo Home Mortgage is the Wells Fargo entity holding themortgage on the property. Mr. Sagendorph has not disputedthis assertion.

[2] While this definition deals with "surrender" as it is usedin § 521 of the Bankruptcy Code, it would apply with equalforce to the identical word as it is used in § 1325(a)(5)(C)."The normal rule of statutory construction assumes that

identical words used in different parts of the same act areintended to have the same meaning." Sorenson v. Sec 'y ofthe Treasury, 475 U.S. 851, 860 (1986) (internal citationsand quotation marks omitted).

[3] Wells Fargo cites In re Rosa, 495 B.R. 522 (Bankr. D.Haw. 2013), which concluded that a plan providing forsurrender coupled with vesting did not satisfy §1325(a)(5)(C), and held that actual or constructiveacceptance of the plan was required. Alternatively, WellsFargo relies on In re Rose, 512 B.R. 790 (Bankr. W.D. N.C.2014), which rejected the Rosa court's reasoning butnevertheless refused to confirm a vesting plan on the basisthat compelling a lender to accept title would impermissiblysubject the lender to liabilities relating to the real estate andimpair the lender's rights under state law. In addition I notethat after the parties had submitted their briefs, thebankruptcy court's decision mln re Watt, 520 B.R. 834(Bankr. D. Or. 2014), which supports Mr. Sagendorph'sposition, was reversed on appeal by the district court. SeeBank of New York Mellon v. Watt, 14-CV-02051-AA, 2015WL 1879680 (D. Or. Apr. 22, 2015).

[4] Yielding would be unnecessary, of course, if pursuant to§ 1325(a)(5)(A) a secured creditor consented to suchtreatment or was deemed to have consented by failing toobject to plan confirmation. The latter circumstance appliesin this case with respect to the mortgagees of Mr.Sagendorph's two other income properties, neither of whomobjected to the plan's treatment of their claims. See In reRosa, 495 B.R. at 524.

[5] Mr. Sagendorph and his amicus cite the bankruptcycourt's decision in Watt, which as noted earlier in footnote3, was reversed by the district court on appeal. They alsourge me to follow Judge Feeney's bench ruling in In reGerardi, No. 10-19028 (Bankr. D. Mass. July 24, 2014),overruling a secured creditor's objection to a plan thatpursuant to § 1322(b)(9) provided for the vesting of title toreal estate in the lender upon plan confirmation. I note thatthe bench order has not become final as reconsideration wasgranted and the matter stayed to allow the lender toforeclose its mortgage. Finally they cite In re Rosen, No.11-23129, document #41 (Bankr. D. Kan. Feb. 24, 2015),which permitted the surrender and vesting of a debtor'snon-residential property in the mortgagee.

[6] Wells Fargo suggests that "entity" means a trustee, butthat interpretation is far too narrow. Bankruptcy Code§101(15) defines entity to include a "person, estate, trust,governmental unit and United States trustee." Section101(41) defines person to include an "individual,partnership and corporation." Further, the vesting of estateproperty in an entity other than the debtor through a planprovision is not in conflict with Bankruptcy Code § 1327(b)which provides u[e]xcept as otherwise provided in the plan

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or the order confirming the plan, the confirmation of a planvests all of the property of the estate in the debtor."(Emphasis supplied).

[7] In any event, this brand of objection seems overblownas most banks have subsidiaries or affiliates whose purposeit is to take title to mortgaged property returned to the bankso as to avoid the merger problem which so troubles WellsFargo in the abstract.

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United States Bankruptcy CourtDistrict of Minnesota

IN RE: Case No. 13-40709-MERStewart, Sharon D.M.

Debtor(s)Chapter 13

MODIFIED CHAPTER 13 PLANDated: August 23, 2013 .

1. PAYMENTS BY DEBTOR TO TRUSTEE –a. As of the date of this plan, the debtor has paid the trustee $ 8,253.00 (the trustee has $6,580.87 funds on hand).b. After the date of this plan, the debtor will pay the trustee $330 per month for 21 months, $410 for 7 months, $450 for 19 monthsand $530 for 8 months beginning August 2013 for a total of $22,590.00 . The minimum plan length is [ ] 36 or [X] 60 months fromthe date of the initial plan payment unless all allowed claims are paid in a shorter time.c. The debtor will also pay the trustee:d. The debtor will pay the trustee a total of $ 22,590.00 from the date of this modification.

2. PAYMENTS BY TRUSTEE – The trustee will pay from available funds only creditors for which proofs of claim have been filed.The trustee may collect a fee of up to 10% of plan payments, or $ 2,259.00, [line 1(d) x .10].

3. ADEQUATE PROTECTION PAYMENTS [§ 1326(a)(1)(C)] – The trustee will promptly pay from available funds adequateprotection payments to creditors holding allowed claims secured by personal property, according to the following schedule,beginning in month one (1).

CreditorMonthlyPayment

Numberof

Months

TOTALPAYMENTS

None

TOTAL 0.00

4. EXECUTORY CONTRACTS AND UNEXPIRED LEASES [§ 365] – The debtor assumes the following executory contracts orunexpired leases. Cure provisions, if any, are set forth in ¶ 7.

Creditor Description of PropertyDon C. Williams One year residential lease renewable each June.

5. CLAIMS NOT IN DEFAULT – Payments on the following claims are current and the debtor will pay the payments that comedue after the date the petition was filed directly to the creditors. The creditors will retain liens, if any.

Creditor Description of ClaimVehicle Loan / Lien on VW Rabbit 2007 VW Rabbit (47,580 miles)- $11,136.00.

6. HOME MORTGAGES IN DEFAULT [§ 1322(b)(5) and § 1322(e)] – The trustee will cure defaults on the following claimssecured only by a security interest in real property that is the debtor's principal residence. The debtor will pay the payments thatcome due after the date the petition was filed directly to the creditors. The creditors will retain liens. All following entries areestimates. The trustee will pay the actual amounts of default.

CreditorAmount of

DefaultMonthlyPayment

Beginningin

Month #

Numberof

Payments

TOTALPAYMENTS

None

TOTAL 0.00

7. CLAIMS IN DEFAULT [§ 1322 (b)(3) and (5) and § 1322(e)] – The trustee will cure defaults on the following claims as setforth below. The debtor will pay the payments that come due after the date the petition was filed directly to the creditors. Thecreditors will retain liens, if any. All following entries are estimates, except for interest rate.

CreditorAmount of

DefaultInt. rate(if any)

MonthlyPayment

Beginningin

Month #

Numberof

Payments

TOTALPAYMENTS

None

TOTAL 0.00

8. OTHER SECURED CLAIMS; SECURED CLAIM AMOUNT IN PLAN CONTROLS [§ 1325(a)(5)] – The trustee will pay,


on account of the following allowed secured claims, the amount set forth in the “Total Payments” column, below. The creditors willretain liens securing the allowed secured claims until the earlier of the payment of the underlying debt determined undernonbankruptcy law, or the date of the debtor's discharge. NOTWITHSTANDING A CREDITOR'S PROOF OF CLAIM FILEDBEFORE OR AFTER CONFIRMATION, THE AMOUNT LISTED IN THIS PARAGRAPH AS A CREDITOR'S SECURED CLAIMBINDS THE CREDITOR PURSUANT TO 11 U.S.C. § 1327, AND CONFIRMATION OF THE PLAN IS A DETERMINATION OFTHE CREDITOR'S ALLOWED SECURED CLAIM.

CreditorClaim

AmountSecured

Claim Int. Rate

Beginningin

Month #

MonthlyPayment

Numberof

Payments

Payments onAccount of

Claim

AdequateProtection

from ¶ 3

TOTALPAYMENTS

Internal Revenue Service 1,016.27 1,016.27 3.00 2 1,021.36 1 1,021.36 0.00 1,021.36

TOTAL 1,021.36

9. PRIORITY CLAIMS – The trustee will pay in full all claims entitled to priority under § 507, including the following. The amounts listed are estimates . The trustee will pay the amounts actually allowed.

CreditorEstimate

ClaimMonthlyPayment

Beginningin

Month #

Numberof

Payments

TOTALPAYMENTS

Comptroller Of Maryland 3,871.00 Pro-Rata 3,871.00Internal Revenue Service 6,462.04 Pro-Rata 6,434.37Minnesota Department Of Revenue 0.00 Pro-Rata 0.00Wartchow Law Office, LLC 2,555.34 1,000.00 1 1 1,000.00

TOTAL 11,305.37

10. SEPARATE CLASSES OF UNSECURED CREDITORS – In addition to the class of unsecured creditors specified in ¶ 11,there shall be separate classes of non-priority unsecured creditors described as follows:The trustee will pay the allowed claims of the following creditors. All entries below are estimates .

CreditorInt. Rate

(if any)Claim

AmountMonthlyPayment

Beginningin

Month #

Numberof

Payments

TOTALPAYMENTS

None

TOTAL 0.00

11. TIMELY FILED UNSECURED CREDITORS – The trustee will pay holders of nonpriority unsecured claims for which proofsof claim were timely filed the balance of all payments received by the trustee and not paid under ¶ 2, 3, 6, 7, 8, 9 and 10 their prorata share of approximately $ 8,004.27 [line 1(d) minus lines 2, 6(d), 7(d), 8(d), 9(f), and 10(c)].a. The debtor estimates that the total unsecured claims held by creditors listed in ¶ 8 are $ 0.00.b. The debtor estimates that the debtor's total unsecured claims (excluding those in ¶ 8 and ¶ 10) are $ 105,675.56.c. Total estimated unsecured claims are $ 105,675.56 [line 11(a) + line 11(b)].

12. TARDILY-FILED UNSECURED CREDITORS – All money paid by the debtor to the trustee under ¶ 1, but not distributed bythe trustee under ¶ 2, 3, 6, 7, 8, 9, 10, or 11 will be paid to holders of nonpriority unsecured claims for which proofs of claim weretardily filed.

13. OTHER PROVISIONS – The trustee may distribute additional sums not expressly provided for herein at the trustee'sdiscretion.

Long Term Student loan payments to Sallie Mae: The debtor shall pay the long-term student loan obligation claim of Sallie Maeby making payments directly to Sallie Mae, including any subsequent assignees, as the payments become due.

Tax Refunds in Excess of $1,200.00: Beginning for the tax year 2013 and for the duration of the Chapter 13 case, the Debtor shallpromptly report to the Chapter 13 trustee the receipt of any combined income tax refunds in excess of $1,200.00, including a copy ofthe corresponding federal and state income tax returns. Additionally if the Debtor shall receive any such combined income taxrefunds in excess of $1,200.00, she shall not spend, encumber, or otherwise dissipate such tax refunds until the trustee determinesthe amount that must be paid into the plan as an additional plan payment unless the Chapter 13 trustee approves the Debtor'sretention of part or all of the refunds for the purpose of providing for a reasonable and necessary expense as demonstrated by theDebtor.


Additional Plan Payments due to Bonus Income:

The Debtor anticipates the receipt of one annual bonus in March of each year. Pursuant to ¶ 1 above, the Debtor shall make anadditional plan payment of $6,893 in April 2013, which represents the actual net bonus income the Debtor shall receive in March2013 (the “2013 Bonus”). In the event that the net 2013 Bonus exceeds $6,893, the Debtor agrees to remit the additional bonusincome exceeding $6,893 to the trustee as additional payment, subject to the other terms in this provision.

For all bonuses the Debtor shall from her employment in any year during the Chapter 13 plan and including the 2013 Bonus andFuture Bonuses, the Debtor shall promptly notify the trustee of the receipt of bonus income including a copy of the correspondingpaystub, and shall not spend, encumber, or otherwise dissipate the net bonus income until the trustee determines the amount thatmust be paid into the plan as an additional plan payment unless the Chapter 13 trustee approves the Debtor's retention of part or allof the net bonus for the purpose of providing for a reasonable and necessary expense as demonstrated by the Debtor.

Notice to One West Bank: Real Property Shall Vest in One West Bank upon Confirmation of Chapter 13 Plan pursuant to 11 U.S.C. §§ 1322(b)(8) and (9):

Pursuant to 11 U.S.C. §§ 1322(b)(8) and (9), the Debtor’s Schedule A property located at 8330 Montgomery Run, Apt. F, EllicottCity, MD 21043-7277 and legally described as follows is property of the bankruptcy estate:

BEING KNOWN AND DESIGNATED as Condominium Unit F, Building 77, in Village of Montgomery Run 2, ACondominium, as established pursuant to Declaration and By-Laws made by Newmiss Limited Partnership, datedSeptember 25, 1989, and recorded amount the Land Records of Howard County in Liber CMP No. 2060, folio 125, et. Seq.;as amended from time to time and as shown on the Condominium Plat Books and being entitled, “Plat of CondominiumSubdivision for Village of Montgomery Run 2, a Condominium, Phase 27, Part of Parcels I-1 and J-1, Village ofMontgomery Run, Section 1, Area 2,” recorded in Condominium Plat Books Nos. 9969, through 9973; and all platsrecorded subsequent thereto. The improvements thereon being known as No. 8330-F Montgomery Run Road.

(the "Property").

As of the filing date, One West Bank has a secured interest and mortgage lien upon the Property. Upon confirmation of this Chapter13 plan, the Property shall vest in One West Bank, and the Confirmation Order shall constitute a deed of conveyance of the Propertywhen recorded at the Registry of Deeds (i.e., the Howard County Finance Department and Land Records Office). All secured claimssecured by the Property will be paid by the surrender of the collateral real property and foreclosure of the security interest. To theextent that a deficiency exists, such creditor must timely file a proof of claim according to the Notice of Chapter 13 Bankruptcy Case,Meeting of Creditors, and Deadlines previously filed with this Court.

Secured claims of One West Bank, Howard County Department of Finance and the Village Of Montgomery Run II AC:

The Debtor owns real property identified and legally described on Schedule A and located at 8330 Montgomery Run, Apt. F, EllicottCity, MD 21043-7277 (the “Property”). As of the filing date of the bankruptcy petition, the Property is subject to three liens with theapproximate and respective unpaid balance due on the file date for each, as follows: 1) $258,727.00 to One West Bank under thatcertain mortgage dated May, 2006; 2) $1,956.53 to the Howard County Dept. of Finance (“Howard County”) for real property taxes;and 3) $4,656.00 to the Village Of Montgomery Run II AC for homeowner's association assessments.

The value of the residential real property securing the three secured claims is $146,200.00. As such, the claim of One West Bank isunder-secured and the claims of Howard County and Montgomery Run II AC are wholly unsecured. The Debtor shall surrender allrights in the Property pursuant to the terms herein this Chapter 13 plan. Pursuant to the terms of ¶ 11 above, Village Of MontgomeryRun II AC shall also have an allowed unsecured claim included in ¶ 11 for the amount of any post-petition assessments and otheramounts owed as further described herein below.

As of the filing date, Howard County has a secured claim for real property taxes and related fees and charges due on the Property.The claim of Howard County shall remain due and collectible against the Property and shall only be allowed as a secured claimagainst the Property. The Property shall be surrendered to the lienholder pursuant to this paragraph and the allowed claim of HowardCounty shall be extinguished upon transfer of the Property to the lienholder.

Notice to Village Of Montgomery Run II AC for All Claims for Post-Petition Assessments and Other Amounts Owed:

Pursuant to In re Colon, (Bkrtcy.D.Utah) March 9, 2012, any claim of the Village Of Montgomery Run II AC for homeowner'sassociation assessments and other related fees, charges, costs and attorney fees that may accrue after the file date of the bankruptcypetition shall be dischargeable in the Debtor’s Chapter 13. The debtor has abandoned the Property and shall surrender the Property.Accordingly, the Village Of Montgomery Run II AC shall have an allowed unsecured claim for any such post-petition amounts thatmay accrue.


http://www.westlaw.com/find/default.wl?DB=ALLCASES&DocName=SNUM%282026301981%29&FindType=l&RefId=9dbe90ed-c31f-42b4-b8bd-f36486ff3cc6&VR=2&RS=WWSE1.0

http://www.westlaw.com/find/default.wl?DB=ALLCASES&DocName=SNUM%282026301981%29&FindType=l&RefId=9dbe90ed-c31f-42b4-b8bd-f36486ff3cc6&VR=2&RS=WWSE1.0

14. SUMMARY OF PAYMENTS –Trustee's Fee [Line2) $ 2,259.00Home Mortgage Defaults [Line 6(d)] $ 0.00Claims in Default [Line 8(d)] $ 0.00Other Secured Claims [Line 8(d)] $ 1,021.36Priority Claims [Line 9(f)] $ 11,305.37Separate Classes [Line 10(c)] $ 0.00Unsecured Creditors [Line 11] $ 8,004.27TOTAL [must equal Line 1(d)] $ 22,590.00

Lynn J.D. Wartchow 0339726Wartchow Law Office, LLC5200 Willson Road, Suite 150Edina, MN 55424-0000(952) 836-2717

Signed: /s/ Sharon StewartDEBTOR

Signed:DEBTOR (if joint case)


August 16, 2013


1

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MINNESOTA

______________________________________________________________________________ In re: Case No. BKY 13-40709-MER Sharon D.M. Stewart, Chapter 13

Debtor. ______________________________________________________________________________

CERTIFICATE OF SERVICE ______________________________________________________________________________ I, Lynn J.D. Wartchow, do hereby certify that on 8/23/2013 the verified Modified Chapter 13 Plan dated August 23, 2013 was filed with the Clerk of Court via ECF, and served upon all parties in interest specified in Local Rule 3015-2 listed below by the electronic notice to all parties receiving notice via ECF and by first class U.S. mail to parties not receiving ECF notice. Dated: August 23, 2013 /e/ Lynn J.D. Wartchow

Lynn J.D. Wartchow (0339726) ECF Notice:

• Jasmine Z Keller [email protected], [email protected] • US Trustee [email protected] • Lynn J.D. Wartchow [email protected], [email protected]

Notice by First Class US Mail: Sharon D. Stewart 2824 Texas Ave. S. St. Louis Park, MN 55426

ACS 501 BLEECKER STREET UTICA, NY 13501

ADP GARNISHMENT SERVICES PO BOX 221230 EL PASO, TX 79912

AMERICAN EXPRESS PO BOX 981537 EL PASO, TX 79998-1537

American Express Centurion Bank c/o Becket and Lee LLP PO Box 3001 Malvern PA 19355-0701

AMERICAN EXPRESS EDUCATIONAL ASSISTANCE AMERICAN EXPRESS TOWER NEW YORK, NY 10285

BALTIMORE GAS AND ELECTRIC P.O. BOX 1475 BALTIMORE, MN 21203

BGE PO BOX 1475 BALTIMORE MD 21201

CALVARY PORTFOLIO SERVICE 500 SUMMIT LAKE DRIVE VALHALLA, NY 10595

COMPTROLLER OF MARYLAND COMPLIANCE DIVISION / STATE OFFICE BLDG. 301 W. Preston Street, Room 203 BALTIMORE, MD 21201-2383

CREDIT BUREAU COLLECTION SERVICES PO BOX 164089 COLUMBUS, OH 43216


2

CROSS FOX CONDOMINIUM C/O CVI PO BOX 65225 PHOENIX, AZ 85082-5225

DON C. WILLIAMS 2826 TEXAS AVENUE SOUTH ST. LOUIS PARK, MN 55426

HERITAGE PACIFIC FINANCIAL 2200 AVENUE K, SUITE 100 PLANO, TX 75074

Heritage Pacific Financial, LLC 2200 K Avenue Suite 200 Plano, TX 75074

HOUSEHOLD FINANCE BENEFICIAL FINANCE PO BOX 3425 BUFFALO, NY 14240

HOWARD COUNTY DEPT. OF FINANCE, PROPERTY TAX DIVISION PO BOX 3370 ELLICOTT CITY, MD 21041-3370

HSBC BANK PO BOX 5253 CAROL STREAM, IL 60197

HUESMAN, JONES AND MILES, LLC ATTN: GERARD MILES 11350 MCCORMICK RD., SUITE 905 HUNT VALLEY, MD 21031

IGGY GROUP, LLC APARTADO POSTAL 1303-1200 SAN JOSE, COSTA RICA

IndyMac Mortgage Services IndyMac-25 2900 Esperanza Crossing Austin, TX 78758

Internal Revenue Service Centralized Insolvency P.O. BOX 7346 PHILADELPHIA, PA 19101-7346

MINNESOTA DEPARTMENT OF REVENUE BANKRUPTCY SECTION P.O. BOX 64447-BKY ST. PAUL, MN 55164-0447

MYQUICKFNDS, C.R.L. APARTADO POSTAL 1150-1200 SAN JOSE, COSTA RICA

NPA ASSOCIATES, LLC 27 MISCHA HILL ROAD TRUMBULL, CT 06611

ONE WEST BANK 6900 BEATRICE DRIVE KALAMAZOO, MI 49009

OneWest Bank, FSB P.O. Box 7056 Pasadena, CA 91109-9699

OneWest Bank, FSB PO Box 829009 Dallas, TX 75382-9009

Portfolio Recovery Associates, LLC c/o Beneficial POB 12914 Norfolk VA 23541

SALLIE MAE PO BOX 242800 LOUISVILLE, KY 40224-2800

STRATEGIC RECOVERY GROUP 7880 BENT BRANCH DRIVE, SUITE 150 IRVING, TX 75063

STRATEGIC RECOVERY GROUP REF. 1102961 7880 BENT BRANCH DRIVE, SUITE 150 IRVING, TX 75063

STUART BLATT MARGOLIS, PRITZKER, EPSTEIN & BLATT, P.A 110 WEST ROAD, SUITE 222 BALTIMORE, MD 21204

USA FUNDS PO BOX 6180 INDIANAPOLIS, IN 46206

Vantium Capital, Inc. 7880 Bent Branch Dr., Suite 150 Irving, TX 75063

Village Of Montgomery Run II AC C/O AMERICAN COMMUNITY MANAGEMENT, INC. 9198 RED BRANCH ROAD COLUMBIA, MD 21045

Village Of Montgomery Run II AC c/o Michael S. Neall, Attorney 147 Old Solomons Island Road, Ste. 400 Annapolis, MD 21401

Volkswagen Credit, Inc. PO BOX 3 HILLSBORO, OR 97123

Wells Fargo Bank NV NA PO BOX 14517 DES MOINES, IA 50306

Wells Fargo Card Services 1 Home Campus 3rd Floor Des Moines, IA 50328

WELLS FARGO LEGAL ORDER PROCESSING PO BOX 7600 PHILADELPHIA, PA 19106

WELLS FARGO on behalf of Education Credit Management Corp/VA c/o ECMC PO BOX 75906 ST PAUL, MN 55175

Wells Fargo on behalf of Education Credit Management c/o ECMC PO Box 75906 St. Paul, MN 55175


In re: Sharon D.M. Stewart, Debtor.

BKY Case No. 13-40709-MER

United States Bankruptcy Court, D. Minnesota.

September 1, 2015

MEMORANDUM OPINION AND ORDER

MICHAEL E. RIDGWAY, Bankruptcy Judge.

At Minneapolis, Minnesota, September 1, 2015.

This matter came before the Court on May 28, 2015,on the Amendment to Debtor's Motion for Authority toTransfer Real Property by Quitclaim Deed from Debtor toOcwen Loan Servicing, LLC ("Amended Motion"). LynnJ.D. Wartchow appeared on behalf of the Debtor. KarlJohnson appeared on behalf of the chapter 13 trustee. TheCourt ordered supplemental briefing, which was completedon June 15, 2015. Based on the submissions and thearguments of counsel, the Court enters this memorandumopinion and order regarding the Amended Motion.

Background

Sharon D.M. Stewart ("Debtor" or "Stewart") filed forrelief under chapter 13 of the Bankruptcy Code on February15, 2013. Her "Third Modified Chapter 13 Plan, dated April18, 2013" (ECF No. 18) was confirmed on May 7, 2013.ECF No. 21. She subsequently sought to modify thisconfirmed plan in a "Modified Chapter 13 Plan, datedAugust 23, 2013" (ECF No. 30).[1] This post-confirmationmodified plan was confirmed by order of this Court onOctober 4, 2013. ECF No. 32. The Debtor's AmendedMotion seeks court authorization to allow her to transfercertain encumbered real property to the secured creditor infull satisfaction of its claim.

At the time of filing, the Debtor was renting adwelling located in St. Louis Park, MN. The only realproperty she owned was a condominium unit located inEllicott City, Howard County, Maryland.[2] This propertyis subject to a mortgage in favor of One West Bank, a lienfor real estate taxes to Howard County, and a lien forhomeowner's association assessments in favor of Village ofMontgomery Run 2. The bank's proof of claim reflected anoutstanding balance due of $304, 669.43. See Claim No. 8.The Debtor valued the property at $146, 200.00, leaving thebank considerably under-secured.

The Debtor's confirmed plan provided, in pertinentpart, that "Upon confirmation of this Chapter 13 plan, theProperty shall vest in One West Bank, and the Confirmation

Order shall constitute a deed of conveyance of the Propertywhen recorded at the Registry of Deeds.... All securedclaims secured by the Property will be paid by the surrenderof the collateral real property and foreclosure of the securityinterest." ECF No. 30, ¶ 13. Although One West Bank waslisted on the proof of claim, in the section that asked for the"name and address where notices should be sent, " theactual "creditor" as shown on the proof of claim, as well ason the attachment, was "U.S. Bank National Association asTrustee for the LXS 2006-16N" ("U.S. Bank").[3] Thisclaim was subsequently transferred to Ocwen LoanServicing, LLC ("Ocwen"), as agent for U.S. Bank. ECFNo. 40.

One West Bank was properly served with both theDebtor's modified plan dated April 18, 2013 (ECF No. 18),as well as the Debtor's post-confirmation modified plandated August 23, 2013 (ECF No. 27). Both of those planswere confirmed by an order of this Court. ECF Nos. 21 and32, respectively. In neither instance did One West Bankobject. In point of fact, both of these plans were confirmedwithout objection.

The original motion seeking transfer of the realproperty at issue was served upon both Ocwen and itsattorney.[4] ECF No. 44. Thereafter, on April 30, 2015,counsel for the Debtor served the amended motion uponOcwen; its attorney; and Richard K. Davis, CEO, U.S.Bank. ECF No. 48. After the date of the hearing on theAmended Motion, but before supplemental briefing wascompleted, Mr. Kipp entered a text entry on the docket, asfollows: "I, Orin J. Kipp, attorney for [Ocwen], certify that Ihave discussed the [motion and amended motion] with myclient(s) and [Ocwen has] decided not to object to themotion."[5]

Issue Presented

Is the Debtor entitled to the relief she requests, e.g.,can Ocwen be forced either to accept a conveyance of theencumbered real property in full satisfaction of theindebtedness owed or, in the alternative, to reject suchconveyance and initiate foreclosure proceedings? ThisCourt finds that she is.

Discussion

While there are a few published cases dealing with theissue presented here, namely the interpretation to be giventhe "surrender" component under 11 U.S.C. §1325(a)(5)(C), coupled with the "vesting" component of 11U.S.C. § 1322(b)(9), there has been little uniformity in theoutcome. The "common theme" in the reported cases thathave addressed the issue focuses on whether the debtor's

112

plan could be confirmed over the objection of the securedcreditor.

In In re Rosa , 495 B.R. 522 (Bankr. D. Haw. 2013),the bankruptcy court confirmed a debtor's plan thatprovided for the surrender of the property to the securedcreditor and vesting of title to the property uponconfirmation. The court found that § 1325(a)(5)(C)permitted surrender and § 1322(b)(9) specificallyauthorized vesting of the property. Because the debtor metthe requirements of § 1325(a)(5)(A), the creditor wasdeemed to have "accepted" the plan because it did notobject to the plan after having receiving notice. Id. at524-25.

On the other hand, in In re Rose, 512 B.R. 790(Bankr. W.D. N.C. 2014), the bankruptcy court refused tocompel a secured creditor to accept a conveyance of theproperty to the secured creditor. To do so, the courtreasoned, would subject the lender to unwanted liabilitiesrelating to the real estate and impair the creditor's rightsunder state law.

However, in In re Watt, [6] the bankruptcy courtspecifically disagreed with both the Rosa and Rose courts inconfirming a plan that provided for the vesting of title in thesecured creditor over its objection so long as the plancomplied with the other provisions of § 1325(a)(5). Watt at839.

In contrast, Ms. Stewart's plan has already beenconfirmed. Notably, neither Ocwen, nor its predecessor ininterest, One West Bank, objected to the treatment of itssecured claim.

With that in mind, the analysis must begin with anexamination of the effect of confirmation of a plan. Section1327(a) states: "The provisions of a confirmed plan bind thedebtor and each creditor, whether or not the claim of suchcreditor is provided for by the plan, and whether or not suchcreditor has objected to, has accepted or has rejected theplan." 11 U.S.C. § 1327(a).

A review of the record indicates that One West Bankreceived notice of the plan dated April 18, 2013. It did notobject to its proposed treatment. The plan was confirmed byorder of May 7, 2013. ECF No. 21. The Debtor then soughtto modify the plan. Again, One West Bank received noticeof the post-confirmation modified plan dated August 23,2013. ECF No. 31. Once again, it did not object. The bankthen transferred its claim to Ocwen. ECF No. 40.

The Debtor then sought to enforce her rights under theterms of the confirmed plan, and filed her initial motionseeking to compel Ocwen either to accept a conveyance ofthe property or to initiate foreclosure. By her Amended

Motion, the Debtor served U.S. Bank, which did not file aresponse, nor did it appear at the May 28, 2015 hearing.Ocwen, by its attorney, filed a response of "no objection" tothe Amended Motion.

Not only is the statute clear on the binding effect ofconfirmation of a plan, but the Supreme Court in Bullard v.Blue Hills Bank, 575 U.S. ___, 135 S.Ct. 1686 (May 4,2015) reinforces that concept:

[P]lan confirmation... alters the status quo and fixes therights and obligations of the parties. When the bankruptcycourt confirms a plan, its terms become binding on debtorand creditor alike. Confirmation has preclusive effect,foreclosing relitigation of any issue actually litigated by theparties and any issue necessarily determined by theconfirmation orders. Subject to certain exceptions,confirmation vests all of the property of the bankruptcyestate in the debtor, and renders that property free and clearof any claim or interest of any claim or interest of anycreditor provided for by the plan. Confirmation also triggersthe Chapter 13 trustee's duty to distribute to creditors thosefunds already received from the debtor.

Id. at 1692.

Particularly instructive here are two very recentbankruptcy cases: In re Sagendorph, II, 2015 WL 3867955(Bankr. D. Mass. June 22, 2015) and In re Zair, 2015 WL4776250 (Bankr. E.D.N.Y. Aug. 13, 2015). The issue inboth was the same: can the debtor confirm a plan, over thesecured creditor's objection, in which he "surrenders" theproperty back to the secured creditor in full satisfaction ofits claim, and then "vests" the title to the same property inthe name of the secured creditor? Both Judge Hoffman, inSagendorph, II, and Judge Trust, in Zair, answered thatquestion in the affirmative.

Chief Judge Melvin S. Hoffman, in Sagendorph, II,does an outstanding job of analyzing the "surrender"provision of § 1325(a)(5)(C) when it is used in conjunctionwith the "vesting" provision of § 1322(b)(9). He found thatnot only can they co-exist, but that they can be used intandem to provide for the claim of a secured creditor, overits objection, in confirming a chapter 13 plan. Succinctlystated:

I conclude that a correct application of the relevantprovisions of the Bankruptcy Code permits a chapter 13debtor to propose a plan that provides for transferring titleto mortgaged real estate to the mortgagee in full satisfactionof its claim subject to the mortgagee's right to object, inwhich case the court must determine if the plan has beenproposed in good faith, is otherwise in compliance with theCode, and should be confirmed. This approach maintainsthe integrity of both § 1325(a)(5) § 1322(b) and is

113

consistent with the most basic principles of bankruptcyrestructuring as enunciated in the Code's reorganizationprovisions embodied in chapters 11, 12, and 13.

Sagendorph, II at *4.

In Zair, Judge Trust compared and contrasted thevarious holdings in Rosa, Rose, Watt, and other cases, andagreed with Judge Hoffman that "surrender" and "vesting"can be used together to confirm a plan. Elaborating further,he stated, "This Court respectfully disagrees with Watt andto some extent, with Malave, [7] agrees for the most partwith Sagendorph, and concludes that while surrender andvesting are different, they are not mutually exclusive, andthe Bankruptcy Code's plain language permits a debtor todeploy both options in a plan." Id. at *5 (footnote added).

This Court adopts the reasoning of both Sagendorph,II and Zair. While the "surrender" concept found in §1325(a)(5)(C), and the "vesting" concept embodied in §1322(b)(9) are different, they may nonetheless be used intandem when providing for the treatment of a secured claimin a chapter 13 plan. Indeed, in this case, there is an evenstronger argument to be made that the Debtor should beable to do as she proposes - the terms of the treatment ofOcwen's claim were unambiguously spelled out in the plan.There were no objections to its treatment. Indeed, counselfor Ocwen filed a statement of "no objection" to the reliefsought by the Debtor.[8] Under the provisions of § 1327(a),and the Supreme Court's holding in Bullard, Ocwen, asservicing agent for U.S. Bank, successor in interest to OneWest Bank, is bound by the provisions of the Debtor'sModified Plan dated August 23, 2013.

The Court feels compelled to address the issue raisedby the chapter 13 trustee in his supplemental brief.[9] Thetrustee submits that the Debtor's in personam liability forthe homeowner's association fees would be dischargedunder 11 U.S.C. § 1328(a), and hence "there is no harm tothe debtor that requires remedy... [and] the only way tonarrowly tailor the relief requested is to deny the injunctiverelief."[10] ECF No. 51, ¶ 11. First, that issue is not beforeme. Second, such a consideration is premature; the Debtoris only in the third year of a five-year plan. And, how thisissue is germane to the requested relief here is unclear.

Conclusion

Ocwen, as the servicing agent for U.S. Bank,successor in interest to One Bank West, is bound by theterms of this Court's Order Confirming the Debtor'sModified Post-confirmation Plan dated August 23, 2013.ECF No. 32. The terms of the Debtor's modified plan arebinding on Ocwen. See 11 U.S.C. § 1327(a) and Bullard v.Blue Hills Bank, 575 U.S. ___, 135 S.Ct. 1686 (May 4,

2015).

Based on the foregoing,

IT IS HEREBY ORDERED:

1. The Debtor's Amended Motion is GRANTED.

2. The Debtor shall, within thirty (30) days of the date ofthis order, prepare and transmit to Ocwen Loan Servicing,LLC, by and through its counsel of record, a duly executedquitclaim deed from Sharon D.M. Stewart, a/k/a Sharon D.Stewart, as grantor, to U.S. Bank National Association asTrustee for Lehman XS Trust Mortgage Pass-ThroughCertificates, Series 2006-16N, as grantee, to the realproperty that is the subject of this order, to wit:

Condominium located at 8330 Montgomery Run, Apt. F,Village of Ellicott City, MD XXXXX-XXXX, and legallydescribed as: BEING KNOWN AND DESIGNATED asCondominium Unit F, Building 77, in Village ofMontgomery Run 2, A Condominium, as establishedpursuant to Declaration and By-Laws made by NewmissLimited Partnership, dated September 25, 1989, andrecorded among the Land Records of Howard County inLiber CMP No. 2060, folio 125, et seq.; as amended fromtime to time and as shown on the Condominium Platsrecorded among the Land Records of Howard County inCondominium Plat Books and being entitled, "Plat ofCondominium Subdivision for Village of Montgomery Run2, a Condominium, Phase 27, Part of Parcels I-1 and J-1,Village of Montgomery Run, Section 1, Area 2, " recordedin Condominium Plat Book Nos. 9969, through 9973; andall plats recorded subsequent thereto. The improvementsthereon being known as No. 8330 F Montgomery RunRoad.

3. Within sixty (60) days of the delivery of the quitclaimdeed to counsel for Ocwen Loan Servicing, LLC, it shalltake one of the following steps:

A. Record the deed, including the fulfillment of anyrequirements incidental to a recording of a deed underapplicable Maryland law; OR

B. Reject the proposed tender of the deed through a writtendocument filed with this Court, and served upon the Debtor,her counsel, and the chapter 13 trustee; AND

C. Initiate foreclosure proceedings against the subjectproperty, including a request for an order from this Courtgranting Ocwen relief from the automatic stay.

4. In the event Ocwen fails to avail itself of either of theoptions set forth in Term 3, within the time frame set forththerein, the Debtor shall be permitted to record thequitclaim deed in the appropriate land records office in

114

Howard County, Maryland.

---------

Notes:

[1] A modification to the original plan was sought tochange the treatment of the Comptroller of the State ofMaryland for state income taxes. A proof of claim filed bythat entity reflected a general unsecured claim of $11,758.00 and a priority unsecured claim of $3, 871.00. SeeClaim No. 12. The Debtor's original plan provided for asecured claim of the Comptroller of Maryland. Themodified plan was revised to reflect that change. TheDebtor's plan payments did not change, although the effectof the modification was to increase the amount the generalunsecured creditors would receive, from a 3.4% dividend toa dividend of 7.6%. In all other respects, the plans areidentical.

[2] See Schedule A for the complete legal description. TheDebtor also noted that "[she] is neither renting the propertynor otherwise using or occupying the property in anymanner." Id.

[3] The full title of this creditor entity is "U.S. BankNational Association as Trustee for Lehman XS MortgagePass-Through Certificates, Series 2006-16N."

[4] Attorney Orin J. Kipp filed a notice of appearance onbehalf of Ocwen on September 25, 2014. ECF No. 42.

[5] Mr. Kipp did not appear at the May 28, 2015 hearing,nor did he submit any responsive pleading to the AmendedMotion.

[6] 520 B.R. 834 (Bankr. D. Or. 2014), rev'd slip op.,14-CV-02051-AA, 2015 WL 1879680 (D. Or. Apr. 22,2015), appeal filed, 15-35484 (9th Cir. June 16, 2015).

[7] In re Malave, Case No. 13-13348 (ALG) (Bankr.S.D.N.Y. Apr. 11, 2014).

[8] In light of this analysis, it is unnecessary to examine thelaw of Maryland regarding the ability of a borrower to forcethe hand of a creditor to either take the property back or toinitiate foreclosure. Although not entirely clear, it appearsdoubtful that the borrower could do so. See In re Khan ,504 B.R. 409, 410 (Bankr. D. Md. 2014), as corrected (Jan.30, 2014). Nor is it necessary to look at Maryland state lawvis-a-vis the holding in Butner v. U.S. , 440 U.S. 48, 55(1979) (property interests are created and defined by statelaw "unless some federal interest requires a differentresult").

[9] The Debtor would have the Court disregard the trustee'sargument, claiming that it was untimely; while technically

that is true (one business day - June 15, the date it was filed,versus June 12, the date it was due), in the interest of fullconsideration of all the issues presented, the trustee'sargument will be addressed.

[10] One comment is in order regarding the characterizationof the type of relief the Debtor is seeking here. The Court,sua sponte , at the May 28, 2015 hearing, questioned thepropriety of bringing this request as a contested matterunder Fed.R.Bankr.P. 9014, suggesting that it should moreproperly be the subject of an adversary proceeding. Uponfurther reflection, the Debtor's procedural "vehicle" isappropriate. Fed.R.Bankr.P. 7001(7) defines an adversaryproceeding as "[one] to obtain an injunction or otherequitable relief, except when a chapter 9, chapter 11,chapter 12, or chapter 13 plan provides for the relief."Clearly, the relief sought here falls within that exception.

---------

115

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF NEW YORK

--------------------------------------------------------------X

In re: Chapter 13

Case No.: 8-14-74456-ast

RAYMOND E. ZAIR &

CHRISTINE M. ZAIR, AMENDED

CHAPTER 13 PLAN

Debtor.

---------------------------------------------------------------X

1. The future earnings of the debtor are submitted to the supervision and control of

the Trustee and the Debtor shall pay to the Trustee for a total period of sixty (60) months,

the sum of $ 30,000.00.

$500.00 commencing October 2014 through and including March 2015 for a

period of SIXTY (60) months.

2. From the payments so received, the Trustee shall make disbursements, as follows:

(a) Full payment in deferred cash payments of all claims entitled to priority

under 11 U.S.C. Section 507.

Attorney fees to Ronald D. Weiss P.C. of $2,500.00 due under the Chapter 13

Plan.

(b) Holders of allowed secured claims shall retain the liens securing such

claims and shall be paid as follows:

PHH Mortgage LLC and HSBC Bank USA N.A. (servicer and holder of mortgage on

real property located at 88 Nebraska St., Long Beach, NY 11561) property securing claim

to be surrendered in full satisfaction of claim with right to a timely filed deficiency claim

pursuant to paragraph 7 below.

Green Tree Servicing LLC and Bank of America N.A. (servicer and holder of

mortgage on real property located at 88 Nebraska St., Long Beach, NY 11561) property

securing claim to be surrendered in full satisfaction of claim with right to a timely filed

deficiency claim pursuant to paragraph 7 below.

Upon entry of an Order Confirming this Chapter 13 Plan, the property located at 88

Nebraska Street, Long Beach, NY 11561 shall vest in HSBC Bank USA, N.A., its

successors, transferees or assigns pursuant to 11 U.S.C. 1322 (b)(9). This vesting

shall include all of Debtor’s legal and equitable rights. This vesting shall not merge

or otherwise affect the extent, validity, or priority of any liens on the property.

Creditors potentially affected by this paragraph include Green Tree Servicing LLC

and Bank of America N.A.

Case 8-14-74456-ast Doc 22 Filed 03/17/15 Entered 03/17/15 19:32:45

116

Upon entry of an Order Confirmation this Chapter 13 Plan, the bankruptcy stay shall be

lifted as to the collateral surrendered.

(c) Subsequent and/or concurrently with distribution to secured creditors,

dividends to unsecured creditors whose claims are duly allowed as follows: 100%

distribution to all timely filed proofs of claim.

3. All lease agreements are hereby assumed, unless specifically rejected as follows:

NONE

4. During the pendency of this case, if unsecured creditors are paid, pursuant to

paragraph 2(c), less than one hundred percent (100%), the debtor(s) shall provide the

Trustee with signed copies of federal and state tax returns for each year, no later than

April 15th of the year following the tax period. IN ADDITION TO MONTHLY PLAN

PAYMENTS STATED ABOVE, indicated tax refunds are to be paid to the Trustee

upon receipt; however, no later than June 15th of the year in which the tax returns are

filed.

5. ALL POST-PETITION PAYMENTS, INCLUDING BUT NOT LIMITED

TO MORTGAGE PAYMENTS, VEHICLE PAYMENTS, REAL ESTATE TAXES,

AND INCOME TAXES TO BE MADE OUTSIDE THE PLAN BY THE

DEBTOR(S).

6. Except as provided in paragraphs 2(b) and 7 herein, title to the Debtor(s) property

shall revest in the Debtor upon completion of the plan, unless otherwise provided in the

Order confirming this plan. Throughout the term of this plan, the Debtor(s) will not incur

post-petition debt over $1,500.00 without written consent of the Chapter 13 Trustee of

the Court.

7. TITLE TO REAL PROPERTY LOCATED AT 88 NEBRASKA STREET,

LONG BEACH, NY 11561 TO VEST IN HSBC BANK, USA, N.A.:

DEBTORS ARE SURRENDERING THEIR REAL PROPERTY LOCATED

AT 88 NEBRASKA STREET, LONG BEACH, NY 11561 (“PROPERTY”) TO

FIRST PURPORTED MORTGAGEE HSBC BANK, USA, N.A. (“HSBC”), ITS

PURPORTED MORTGAGE SERVICER, PHH MORTGAGE CORP. (“PHH”),

SECOND PURPORTED MORTGAGEE BANK OF AMERICA, N.A. (“BOA”),

AND ITS PURPORTED MORTGAGE SERVICER “GREEN TREE SERVICING

LLC (“GREEN TREE”) IN FULL SATISFACTION OF THE SECURED

PORTION OF THE FIRST MORTGAGE OWED PURSUANT TO 11 U.S.C.

SECTIONS 1325 AND 506.

PURSUANT TO 11 U.S.C. 1322(b)(8) AND (b)(9), TITLE TO THE

PROPERTY SHALL VEST IN HSBC UPON CONFIRMATION, AND THE

CONFIRMATION ORDER SHALL CONSTITUTE A DEED OF CONVEYANCE


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OF THE PROPERTY WHEN RECORDED WITH THE COUNTY CLERK’S

LAND RECORDS. ALL SECURED CLAIMS SECURED BY DEBTOR’S

INTEREST IN THE PROPERTY WILL BE PAID THROUGH SURRENDER OF

THE PROPERTY AND FORECLOSURE OF THE SECURITY INTERESTS.

DEBTOR SHALL SERVE THE ORDER CONFIRMING THIS PLAN BY

OVERNIGHT MAIL UPON HSBC C/O PHH AND UPON GREEN TREE. HSBC,

PHH, BOA, AND GREEN TREE SHALL HAVE THIRTY DAYS FROM THE

DATE OF SERVICE OF THE ORDER TO FILE AN UNSECURED

DEFICIENCY CLAIM. IN THE EVENT THAT HSBC, PHH, BOA, OR GREEN

TREE FAIL TO TIEMLY FILE A DEFICIENCY CLAIM, THEN THE

UNSECURED DEFICIENCY CLAIM FOR EACH SHALL BE VALUED AT

$0.00.

/s/ Raymond Zair________________

RAYMOND E. ZAIR

/s/ Christine Zair________________

CHRISTINE M. ZAIR

Dated: __March 17, 2015 ________ /s/ Nathan Kaufman___________

Nathan Z. Kaufman

Ronald D. Weiss, P.C.

Attorney for the Debtor


118

535 B.R. 15 (Bkrtcy.E.D.N.Y. 2015)

In re: Raymond E. Zair & Christine Zair, Debtors

No.: 14-74456-ast, Chapter 13

United States Bankruptcy Court, E.D. New York

August 13, 2015

For Raymond E. Zair, Debtor: Ronald D Weiss,Melville, NY.

For Christine M. Zair, Joint Debtor: Ronald D Weiss,Melville, NY.

For Marianne DeRosa, Trustee: Marianne DeRosa,Standing Chapter 13 Trustee, Syosset, NY.

DECISION AND ORDER CONFIRMINGDEBTORS' CHAPTER 13 PLAN

Alan S. Trust, United States Bankruptcy Judge.

Pending before the Court is confirmation of thesecond amended chapter 13 plan (the " Second AmendedPlan" ) of the above-captioned debtors, Raymond E. Zairand Christine Zair, (" Debtors" ). The primary issue beforethe Court is whether Debtors may confirm a chapter 13 planwhich provides, inter alia, that certain residential realproperty at which Debtors do not reside may be surrenderedand vested in a secured creditor pursuant to 11 U.S.C. §1322(b)(9)[1] over that secured creditor's objection. For thereasons set forth herein, this Court has determined that aplan may so provide and Debtors' Second Amended Plan isconfirmed.

JURISDICTION

This Court has jurisdiction over this core proceedingpursuant to 28 U.S.C. § § 157(b)(2)(A), (G), (L) and (O),and 1334(b), and the Standing Orders of Reference in effectin the Eastern District of New York dated August 28, 1986,and as amended on December 5, 2012, but made effectivenunc pro tunc as of June 23, 2011.

FINDINGS OF FACT AND CONCLUSIONS OFLAW

This decision constitutes the Court's findings of factand conclusions of law in accordance with Rule 7052 of theFederal Rules of Bankruptcy Procedure (the " Bankruptcy

Rules" ).

BACKGROUND AND PROCEDURALHISTORY

Factual Background[2]

Debtors are victims of Superstorm Sandy. Theirformer principal residence, 88 Nebraska Street, LongBeach, New York 11561 (the " Property" ), is located on abarrier island which was pummeled by the hurricane inOctober 2013. Due to the damage, Debtors purchased andmoved to a new home at 2466 New York Ave., Melville,New York 11747 (the " Residence" ), where they livedwhen they filed for chapter 13 bankruptcy protection onSeptember 30, 2014 (the " Petition Date" ) and continue tolive. [dkt item 1]

According to Debtors' amended Schedule A, theProperty was worth $255,000.00 at the Petition Date, andwas encumbered by two mortgages: a first mortgage heldby HSBC Bank USA, N.A. (" HSBC" ) with an outstandingbalance of $387,185.41, and a second mortgage held byBank of America, N.A. (" BofA" ) with an outstandingbalance of $30,437.51.[3] [dkt items 13, 16] HSBC filed aproof of claim on November 26, 2014, identified as Claim4-1, asserting a secured claim in the amount of$440,380.68, including interest, fees and pre-petitionarrearages.

On April 20, 2015, HSBC filed a motion for relieffrom the automatic stay to resume its foreclosure of theProperty, alleging cause pursuant to 11 U.S.C. § 362(d)(1)(the " Lift Stay Motion" ). [dkt item 25]

On April 23, 2015, the Court issued a briefing andhearing schedule in connection with confirmation. [dkt item27]

On April 27, 2015, Debtors filed and served theirSecond Amended Plan which provides, inter alia : thatDebtors will retain their Residence; that Debtors aresurrendering the Property to HSBC and Green Tree / BofA" in full satisfaction of the secured portion of the firstmortgage owed pursuant to 11 U.S.C. Section 1325 and506" ; that title to the Property will be vested in HSBC, itssuccessors, transferees or assigns; that " [t]his vesting shallnot merge or otherwise affect the extent, validity, or priorityof any liens on the property" ; and " the confirmation ordershall constitute a deed of conveyance of the property whenrecorded with the county clerk's land records." Debtors'Second Amended Plan, ¶ 2. [dkt item 28] The SecondAmended Plan goes on to provide that all secured claimssecured by Debtors' interest in the Property will be paid

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through " surrender of the Property and foreclosure of thesecurity interests," but that HSBC and Green Tree / BofAwill have thirty days from service of a confirmation order tofile an unsecured deficiency claim. Id., at ¶ 7.

Arguments of the Parties

The chapter 13 trustee (the " Trustee" ) supportsconfirmation of Debtors' Second Amended Plan, whileHSBC objects.

On April 27, 2015, HSBC filed its objection assertingthe following: (1) that Debtors' attempt to vest title to theProperty in HSBC is analogous to an impermissibleabandonment pursuant to § 554 of the Bankruptcy Code;and (2) because New York is a lien theory state, underwhich a mortgage creates a lien against the property butdoes not transfer title of the property to the mortgagee,HSBC does not have a possessory interest in the Propertyand therefore, Debtors cannot vest title in HSBC (the "HSBC Objection" ). See HSBC Objection, pp. 2-3. [dktitem 29] However, HSBC does not oppose the surrender ofthe Property to it pursuant to § 1325(a)(5)(C). Id., p. 2, fn.1.

On April 29, 2015, the Trustee filed her brief insupport of confirmation (" Trustee's Brief" ), arguing thatvesting title in a secured creditor is permitted pursuant to §1322(b)(9). In support of her position, she argues, inter alia,that Debtors' " fresh start" will be impeded because absentvesting, Debtors will remain responsible for expenses andproperty taxes incurred in connection with the Propertyeven after they have surrendered the Property. See Trustee'sBrief, pp. 6-7. [dkt item 30]

On May 14, 2015, Debtors filed their brief in supportof confirmation (" Debtors' Brief" ), largely parroting theTrustee's Brief. [dkt item 33]

On May 19, 2015, HSBC filed a reply brief (the "HSBC Reply" ). [dkt item 34] HSBC adds the followingadditional arguments: (1) while § 1322(b)(9) provides forvesting of the property " in the debtor or in any otherentity," HSBC is not an " entity" as defined under theBankruptcy Code; (2) permitting Debtors and the Trustee tovest title in lienholders and encumber them with a "dilapidated property ... would open a pandora's box ofunintended, injurious consequences" ; (3) Debtors have notselected any of the options available under § 1325(a)(5);and (4) policy considerations should prohibit Debtors andthe Trustee from forcing a vesting of title that violates statelaws governing transfers of property and New Yorkcontract law. HSBC Reply, pp. 3-5. Finally, HSBC suggeststhat Debtors and the Trustee conduct a sale of the Propertypursuant to § 363 of the Bankruptcy Code over the

objections (if any) of the junior secured creditors.

LEGAL ANALYSIS

Statutory Overview and Statutory Construction

This Court is conducting a statutory, not a policy,analysis to determine if Debtors may vest title over asecured creditor's objection.

A debtor bears the burden of establishing by apreponderance of the evidence that his or her plan satisfiesthe requirements of the Bankruptcy Code and is appropriatefor confirmation. See In re Merhi, 518 B.R. 705, 709(Bankr. E.D.N.Y. 2014). The contents of a chapter 13 planare governed by § 1322, which is divided betweenmandatory provisions outlined in § 1322(a) (what a chapter13 plan " shall" provide), and permissive provisionsoutlined in § 1322(b) (what a chapter 13 plan " may"provide). At issue here are § 1322(b)(9), which providesthat the plan may " provide for the vesting of property ofthe estate, on confirmation of the plan or at a later time, inthe debtor or in any other entity," and § 1325(a)(5),[4]which, as to secured creditors, directs that a bankruptcycourt shall confirm a plan only if " one of the followingthree requirements are satisfied: (1) the holder of such claimhas accepted the plan; (2) the debtor's payments to thecreditor comply with certain standards and the creditorretains its lien; or (3) the debtor surrenders the propertysecuring such claim to such holder. See AmeriCredit Fin.Servs v. Tompkins, 604 F.3d 753, 757 (2d Cir. 2010)(citations and quotations omitted).

This Court's analysis necessarily begins with anexamination of the statute itself to determine if the statute iseither plain or ambiguous. See RadLAX Gateway Hotel,LLC v. Amalgamated Bank, 132 S.Ct. 2065, 2073, 182L.Ed.2d 967 (2012); Lamie v. United States Trustee , 540U.S. 526, 534, 124 S.Ct. 1023, 157 L.Ed.2d 1024 (2004);United States v. Ron Pair Enters. , 489 U.S. 235, 241, 109S.Ct. 1026, 103 L.Ed.2d 290 (1989). " [I]n determiningplainness or ambiguity, courts are directed to look 'to thelanguage itself, the specific context in which that languageis used, and the broader context of the statute as a whole.'"In re Phillips , 485 B.R. 53, 56 (Bankr. E.D.N.Y. 2012)(quoting Robinson v. Shell Oil Co., 519 U.S. 337, 341, 117S.Ct. 843, 136 L.Ed.2d 808 (1997)). " If the statutorylanguage is clear, a court's analysis must end there." SeeHartford Underwriters Ins. Co. v. Union Planters Bank,Nat'l Ass'n., 530 U.S. 1, 6, 120 S.Ct. 1942, 147 L.Ed.2d 1,(2000) (" [W]hen the statute's language is plain, the solefunction of the courts -- at least where the dispositionrequired by the text is not absurd -- is to enforce itaccording to its terms." ); In re AJW Offshore, Ltd., 488B.R. 551 (Bankr. E.D.N.Y. 2013).

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However, " [s]tatutory language is ambiguous if it issusceptible to two or more reasonable meanings." AJW, 488B.R. at 558 (quoting Phillips, 485 B.R. at 56). " In thatsetting, where the plain language as clarified by contextfails to resolve any statutory ambiguity, a court may resortto canons of statutory construction to aid in itsinterpretation." AJW, 488 B.R. at 558; (citing United Statesv. Colasuonno , 697 F.3d 164, 173 (2d Cir. 2012); UnitedStates v. Dauray , 215 F.3d 257, 264 (2d Cir. 2000)). "Significantly, statutory construction is a holistic endeavor;thus, a statute must be interpreted in light of the statutoryscheme as a whole." United Sav. Ass'n v. Timbers of InwoodForest Assocs., 484 U.S. 365, 371, 108 S.Ct. 626, 98L.Ed.2d 740 (1988); AJW, 488 B.R. at 558; Phillips, 485B.R. at 59.

Vesting under a chapter 13 plan

There is limited authority interpreting § 1322(b)(9).The Trustee primarily relies on the Bankruptcy Courtdecision in In re Watt , 520 B.R. 834, 838-840 (Bankr. D.Or. 2014), which permitted a debtor to vest title to realproperty in a secured creditor over that creditor's objection.However, the District Court reversed that decision, holdingthat § 1325(a)(5)(C) of the Bankruptcy Codeunambiguously provides three options to treat a securedclaim, one of which is surrender, and that § 1322(b)(9) doesnot create a " fourth" option of vesting. In re Watt, Case No.3:14-cv-02051-AA, at *13-17, 2015 WL 1879680 (D. Or.Apr. 22, 2015). The District Court in Watt referred tovesting as " a nonstandard term" and surrender as a right ofthe secured creditor. The District Court explained that:

in confirming a Chapter 13 plan that advancednon-consensual vesting in conjunction with surrender, thebankruptcy court read language into the Bankruptcy Codethat does not exist, as well as frustrated the purpose of thestatute, which is to provide protection to creditors holdingallowed secured claims.... Indeed, the bankruptcy court'sinterpretation impermissibly transforms the securedcreditor's right into an obligation, thereby rewriting both theBankruptcy Code and the underlying loan documents, whileat the same time belying the secured creditor's state-createdproperty rights.

Watt, at *16-17.[5]

The Hawaii Bankruptcy Court in In re Rosa , like theWatt bankruptcy court, held that a debtor could vest titlepursuant to § 1322(b)(9) of the Bankruptcy Code becausethe debtor met the requirements of § 1325(a)(5)(A). 495B.R. 522, 524-525 (Bankr. D. Haw. 2013). However, inRosa, the secured creditor did not object to the debtor's planafter having received notice and an opportunity to object,and was deemed to have accepted the plan under §

1325(a)(5)(A). Id.

The parties have addressed two other decisions: In reMalave, Case No. 13-13348 (ALG) [dkt item 23] (April 11,2014 Bankr. S.D.N.Y.), which held that the debtor couldnot vest title in the secured creditor in full satisfaction of thedebt because the secured creditor had timely objected to theplan, and In re Rose 512 B.R. 790, 793-796 (Bankr.W.D.N.C. 2014), in which the court denied the debtor'smotion to transfer real property to the secured creditor byquitclaim deed approximately one year after confirmationwithout the secured creditor's consent. Malave principallyrelied on the Supreme Court's decision in AssociatesCommercial Corp. v. Rash , 520 U.S. 953, 117 S.Ct. 1879,138 L.Ed.2d 148 (1997) (" Rash " ), and explained thatthere is a clear distinction between surrender and vestingtitle in full satisfaction of the debt.

While this matter was on submission, theMassachusetts bankruptcy court released its decision in Inre Sagendorph, II, Case No. 14-41675 (MSH) (Bankr. D.Mass. June 22, 2015), in which the court stated that a debtormay utilize both surrender and vesting in a plan, andconfirmed the debtor's plan over the secured lender'sobjection.

The Bankruptcy Code does not define " surrender" asutilized in § 1325(a)(5)(C) or " vesting" as used in §1322(b)(9). The District Court in Watt defined surrender as" the debtor's relinquishment of his or her right to theproperty at issue, such that the secured creditor is free toaccept or reject that collateral," distinguishing it fromvesting, which it defined as essentially a " transfer ofownership," eliminating the liability and responsibility ofthe debtor to do anything in connection with the realproperty. See Watt , at *11 (relying on In re Gonzales , 512B.R. 255, 259-261 (Bankr. C.D. Cal. 2014)); In reArsenault, 456 B.R. 627, 629-30 (Bankr. S.D. Ga. 2011);Rosa, 495 B.R. at 524. The Sagendorph court noted that, atleast in the First Circuit, surrender has been construed tomean that the debtor agreed to make the collateral availableto the secured creditor, i.e. " to cede his possessory rights inthe collateral," while vesting " plainly means to place one inlegal possession or ownership of property." TheSagendorph court allowed the debtor to surrender and vestthe property in the lender in full satisfaction of themortgaged debt, noting that there was no genuine disputethat the property was worth more than what was owed tothe lender.[6]

This Court respectfully disagrees with Watt and tosome extent, with Malave, agrees for the most part withSagendorph, and concludes that while surrender and vestingare different, they are not mutually exclusive, and theBankruptcy Code's plain language permits a debtor to

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deploy both options in a plan.

Statutory construction

As Judge Hoffman noted in Sagendorph, vesting andsurrender are different, and " Congress is presumed to havechosen deliberately the words it includes in a statute." citingUniv. of Texas Southwestern Med. Ctr. v. Nassar, 133 S.Ct.2517, 2529, 186 L.Ed.2d 503 (2013). Congress did notprovide that a debtor may only vest title to real propertyunder a plan that the lien holder accepts under §1325(a)(5)(A), nor did Congress limit vesting to personalproperty. Reading § 1325 narrowly, as the Watt court does,essentially eliminates the usefulness of § 1322(b)(9) -- adebtor would not use cram down under § 1325(a)(5)(B) forproperty it is vesting in another entity -- and Watt thuslimits a debtor's vesting right to a plan to which the lenderconsents; however, Congress did not limit vesting to wherethe creditor consents under § 1325(a)(5)(A).

Further, § 1327(b) provides that unless the plan orconfirmation order provides otherwise, " the confirmationof a plan vests all property of the estate in the debtor." 11U.S.C. § 1327(b). Because § 1327 vesting is not limited to aplan to which a secured creditor consents, allowing a debtorto vest property under the plan in a specific non-debtorentity is consistent with § 1327(b), and avoids anyconfusion as to ownership of property which is surrenderedunder the plan also being vested in the debtor. Here, theSecond Amended Plan (¶ 6) expressly provides that "Except as provided in paragraphs 2(b) and 7 herein, title tothe Debtor(s) property shall revest in the Debtor uponcompletion of the plan, unless otherwise provided in theOrder confirming this plan." Thus, any potential confusionabout vesting of the Property is avoided.

Rash and its impact on vesting

This Court has also considered the impact of theSupreme Court's decision in Rash, in which the primaryissue was how to establish the value of a truck the debtorwas retaining, in order to determine the payments to bemade to the secured truck lender to satisfy §1325(a)(5)(B).[7] 520 U.S. at 955-56. The secured trucklender, ACC, had opposed confirmation and sought relieffrom the automatic stay. In analyzing § 1325, the SupremeCourt stated:

To qualify for confirmation under Chapter 13, the Rashes'plan had to satisfy the requirements set forth in § 1325(a) ofthe Code. The Rashes' treatment of ACC's secured claim, inparticular, is governed by subsection (a)(5). Under thisprovision, a plan's proposed treatment of secured claims canbe confirmed if one of three conditions is satisfied: thesecured creditor accepts the plan, see 11 U.S.C. §1325(a)(5)(A); the debtor surrenders the property securing

the claim to the creditor, see § 1325(a)(5)(C); or the debtorinvokes the so-called " cram down" power, see §1325(a)(5)(B). Under the cram down option, the debtor ispermitted to keep the property over the objection of thecreditor; the creditor retains the lien securing the claim, see§ 1325(a)(5)(B)(i), and the debtor is required to provide thecreditor with payments, over the life of the plan, that willtotal the present value of the allowed secured claim, i.e., thepresent value of the collateral, see § 1325(a)(5)(B)(ii). Thevalue of the allowed secured claim is governed by § 506(a)of the Code.

520 U.S. at 956-57.

In addressing why different valuation methods under§ 506 are appropriate based on a debtor's decision to keepor surrender the collateral, the Court stated:

Tying valuation to the actual 'disposition or use' of theproperty points away from a foreclosure-value standardwhen a Chapter 13 debtor, invoking cram down power,retains and uses the property. Under that option, foreclosureis averted by the debtor's choice and over the creditor'sobjection. From the creditor's perspective as well as thedebtor's, surrender and retention are not equivalent acts.

When a debtor surrenders the property, a creditor obtains itimmediately, and is free to sell it and reinvest the proceeds.We recall here that ACC sought that very advantage... If adebtor keeps the property and continues to use it, thecreditor obtains at once neither the property nor its valueand is exposed to double risks: The debtor may againdefault and the property may deteriorate from extended use.

Id. at 962. Thus, chapter 13 plan valuation methodology isbuilt on a bi-lateral approach of examining what each sidegets, acknowledging that " surrender and retention are notequivalent acts," and the premise that surrender by a debtorresults in an immediate realization by the lender of itscollateral. See id.

HSBC's arguments against vesting contravene theunderpinnings of Rash. If surrender did not equate to a rightto an immediate realization of the creditor's collateral, howshould a court value property being surrendered under aplan: based on how long it would take a lender to decide toforeclose?; based on how long it actually takes to forecloseunder applicable non-bankruptcy law even withoutopposition by the debtor?; based on whether there is aco-obligor or co-owner of the property that opposesforeclosure? Congress has determined that a chapter 13debtor has the right to shed itself of property that it cannotafford to keep, and a creditor may not oppose a debtor'splan on § 1325 grounds that calls for surrender. Forsurrender valuation to be uniform, it should be based on theRash premise that the lender gets immediate access to its

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surrendered collateral, and vesting of surrendered propertyis entirely consistent with this approach.

In addition, vesting provides a simplified mechanismto convey legal title to the secured lender which may not beavailable without the filing of an adversary proceeding.Bankruptcy Rule 7070, which incorporates Fed.R.Civ.P. 70,allows the court in an adversary proceeding to vest title inanother entity (" the court may enter a judgment divestingthe title of any party and vesting title in others whenever thereal or personal property involved is within the jurisdictionof the court." ). However, Bankruptcy Rule 7070 does notautomatically apply in contested matters. See FED. R.BANKR. P. 9014(c). Allowing a debtor to vest title througha simplified plan process is consistent with the overallstructure of chapter 13 as a more streamlined and lessexpensive way for wage earners to adjust their financialaffairs. The plan here expressly provides that " theconfirmation order shall constitute a deed of conveyance ofthe property when recorded with the county clerk's landrecords."

Impact of not allowing vesting on Debtor's use ofdisposable income

As the Trustee correctly argues, if Debtors were notable to divest themselves of ownership of the Property, theywould be left in limbo while HSBC decides whether andwhen to proceed on its foreclosure action, thus incurring thecontinued liabilities associated with the property ownership,such as accruing property taxes. This limbo is inconsistentwith the overall structure of chapter 13. A chapter 13 debtorhas to commit all of her disposable income to her plan forthe duration of the applicable commitment period under § §1322(d), 1325(b)(4). A debtor who surrenders property willnot include costs associated with continued ownership incalculating disposable income; yet requiring debtors tocontinue to incur ownership expenses for surrenderedproperty will either negatively impact the unsecuredcreditors who will have their plan payments reduced, or willinterfere with the debtors fresh start by leaving themsaddled with post-confirmation expenses they have notprovided for in their plan. This uncertainty is avoidablethrough vesting, and allows the debtor to earn a dischargeunder § 1328 by completing all plan payments. Seegenerally In re Gollnitz , 456 B.R. 733 (Bankr. W.D.N.Y.2011).[8]

By vesting title in HSBC, Debtors are left without theuncertainty of when they will be freed of the obligations ofproperty they have given up, and HSBC may dispose of theProperty without awaiting the conclusion of the foreclosureaction.

Interplay between bankruptcy vesting and state real

property law

HSBC argues that policy considerations shouldprohibit debtors from forcing a vesting of title that violatesstate laws governing transfers of property; in other words,HSBC expresses concern that vesting may merge HSBC'slien estate, created under its mortgage, with the fee titleestate it receives from Debtors, thereby merging the twoestates and potentially prohibiting HSBC from foreclosingits mortgage lien and thereby " cleaning up" the record title.First, this Court has undertaken a statutory analysis, not apolicy analysis. Second, the Plan expressly provides that "[t]his vesting shall not merge or otherwise affect the extent,validity, or priority of any liens on the property." Debtors'Second Amended Plan, ¶ 2. [dkt item 28] Third, as noted inSagendorph, " the Bankruptcy Code as federal lawpreempts state law with which it is in conflict. Butner,which recognizes that property interests are created anddefined by state law, hastens to add 'unless some federalinterest requires a different result.'" (citing Butner v. U.S. ,440 U.S. 48, 55, 99 S.Ct. 914, 59 L.Ed.2d 136 (1979)).

Surrender plus vesting does not equal full satisfactionof the secured claim

Some of the decisions cited by the parties appear toconflate vesting or surrender with full satisfaction of thedebt; this is incorrect. Although § 1322(b)(8) provides thata plan may " provide for the payment of all or part of aclaim against the estate from property of the estate orproperty of the debtor," Rash and its progeny require that ifDebtors surrender and vest title to the Property in HSBCeffective as of confirmation, the value of the Property stillneeds to be determined, which may or may not be equal tothe full amount of the HSBC claim. This is particularly sowhere, as here, Debtors scheduled the Property as beingworth substantially less than the balance owed on the firstmortgage. As the Second Circuit stated in Americredit, "nothing in § 1325(a)(5) says that [the] 'allowed securedclaim' is satisfied by the debtor choosing the surrenderoption in subparagraph (C)." 604 F.3d at 758 (quotationsand citations omitted).[9]

Debtors, however, do not mandate that HSBC acceptthe Property at an amount greater than its value, norpreclude HSBC from filing an unsecured claim for anydeficiency. In fact, while the Second Amended Planprovides that title to the Property will be surrendered toHSBC and Green Tree " in full satisfaction of the securedportion of the first mortgage" of HSBC, the plan alsoexpressly provides that both HSBC and Green Tree / BofAshall have thirty days from service of a confirmation orderto file a deficiency claim, failing which any deficiencyclaim will be valued at $0.00.

In In re Sneijder, Judge Glenn addressed the "

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frequently recurring question in chapter 13 cases- namely,how should the Court address a secured mortgage claimwhen the debtor intends to surrender the collateral" under aplan. Judge Glenn stated:

There are different approaches available to resolve issuesabout the unsecured deficiency: (i) the debtor, securedcreditor and the chapter 13 trustee can agree beforeconfirmation on the amount of the unsecured deficiencyclaim (the preferred approach); (ii) a debtor or the chapter13 trustee may object to a claim creating a contested matterunder Fed. R. Bankr. P. 9014, requiring a court to value thecollateral under Fed. R. Bankr. P. 3012 and § 506(a), andthereby determine the amount of the unsecured deficiencyclaim; (iii) any party in interest can file a motion requestingthe court to value the collateral under Fed. R. Bankr. P.3012 and § 506(a); (iv) any party in interest may file amotion requesting the court to estimate the unsecureddeficiency claim pursuant to § 502(c) if otherwise fixing orliquidating the claim would unduly delay the administrationof the case; or (v) the secured creditor may amend (or seekleave to amend if the bar date has passed) the existingsecured claim to a partially secured and partially unsecuredclaim, with the amount of the unsecured deficiency claimfixed through a foreclosure sale, a § 506(a) valuationhearing, or an estimation proceeding under § 502(c)(1).

In re Sneijder, 407 B.R. 46, 48-49 (Bankr. S.D.N.Y. 2009).See also In re Gauthier , Case No. 08-51002 (RS), (Bankr.W.D. La. July 16, 2009) (court applied Rash and utilized aliquidation value based on the debtor's proposed plan thatsurrendered the property). Here, Debtors have providedboth of its secured creditors the right to file a deficiencyclaim.[10] Should the parties disagree as to the amount ofany filed deficiency claim, this Court can determine theallowable amount of such a claim at a later time.

HSBC's other arguments are not persuasive

HSBC's argument that the Bankruptcy Code'sdefinition of " entity" does not permit Debtors to vest titleto the Property in HSBC is simply incorrect. While §101(15) of the Bankruptcy Code defines " entity" as "person, estate, trust, governmental unit, and United Statestrustee," § 101(41) of the Bankruptcy Code defines "person" as an " individual, partnership, and corporation...."HSBC, according to the documents in support of its proofof claim, is a corporation and therefore, both an " entity"and " person" as defined in the Bankruptcy Code.

Further, HSBC need not have a possessory interest inthe Property for vesting; while that may be a requirementfor abandonment, the Property is not being abandonedunder § 554.

Finally, HSBC suggests that this Court follow In re

Boston Generating, LLC [11] and force Debtors to conducta sale pursuant to § 363 of the Bankruptcy Code over thepotential objections of it and the junior lender in this case.While this may be expedient for HSBC, it would add costand complexity to the case for Debtors, and no provision ofchapter 13 requires a debtor to seek a § 363 sale in advanceof surrendering or vesting title, or otherwise seekingconfirmation of a plan.

Stay relief is appropriate

No party-in-interest opposed HSBC obtaining relieffrom the automatic stay. The automatic stay should be liftedfor cause under § 362(d)(1).

Conclusion

Debtors have complied with the requirement of §1325(a)(5) by surrendering the Property at confirmation toHSBC and Green Tree / BofA under § 1325(a)(5)(C).Debtors permissibly vest title to the Property in HSBC atconfirmation under § 1322(b)(9) and, provide that suchvesting constitutes a conveyance of title and " shall notmerge or otherwise affect the extent, validity, or priority ofany liens on the property," Debtors allow each lien claimantto file a deficiency claim, and preserves the ability of theCourt to determine the proper valuation of the Property forpurposes of confirmation.

Based upon the foregoing, it is hereby

ORDERED, that Debtors' Second Amended Plan isconfirmed; and it is further

ORDERED, that HSBC is granted relief from theautomatic stay to continue with its foreclosure actionagainst the Property; HSBC shall submit a separate ordergranting stay relief within fourteen (14) days hereof; and itis further

ORDERED, that the Clerk of the Court shall servethis Decision and Order on Debtors, Debtors' counsel, theTrustee, HSBC, the Office of the United States Trustee andany other party who has filed a notice of appearance.

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Notes:

[1]Unless otherwise indicated, all statutory referencesherein are to the Bankruptcy Code, 11 U.S.C. § § 101-1532.

[2]The factual background and procedural history arederived from the pleadings and exhibits submitted by theparties.

[3]Green Tree Servicing LLC (" Green Tree" ) filed a proof

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of claim as servicing agent for BofA on October 9, 2014[Claim No. 1-1] in the amount of $30,437.51.

[4]Section 1325(a)(5)(A-C) provides that except asprovided in subsection (b), the court shall confirm a plan if

(5) with respect to each allowed secured claim provided forby the plan --

(A) the holder of such claim has accepted the plan; ...

(B) (i) the plan provides that--

(I) the holder of such claim retain the lien securing suchclaim until the earlier of--

(aa) the payment of the underlying debt determined undernonbankruptcy law; or

(bb) discharge under section 1328; and

(II) if the case under this chapter is dismissed or convertedwithout completion of the plan, such lien shall also beretained by such holder to the extent recognized byapplicable nonbankruptcy law;

(ii) the value, as of the effective date of the plan, ofproperty to be distributed under the plan on account of suchclaim is not less than the allowed amount of such claim; and

(iii) if--

(I) property to be distributed pursuant to this subsection isin the form of periodic payments, such payments shall be inequal monthly amounts; and

(II) the holder of the claim is secured by personal property,the amount of such payments shall not be less than anamount sufficient to provide to the holder of such claimadequate protection during the period of the plan; or

(C) the debtor surrenders the property securing such claimto such holder....

[5]It is unclear from the district court's opinion whether itwould have reached a different result if the plan did notprovide that the vesting of title would result in fullsatisfaction of the lender's claim. In reaching its conclusion,the Watt court cited Chapter 13 Practice & Procedure § 5:9,which provides that " a provision in a plan for surrender ofencumbered property in full satisfaction of the claim is notpermissible under Code § 1325(a)(5)(C) [b]ecause such aprovision seeks to require the creditor to accept theencumbered property in satisfaction of its claim, [such that]it must meet the cramdown requirements of Code §1325(a)(5)(B), unless the creditor accepts it under Code §1325(a)(5)(A)" . Watt, at *16.

[6]The Sagendorph court also noted that " A plan proposingto transfer to a mortgagee property that is heavilyencumbered or worth significantly less than the mortgagedebt without also affording the mortgagee a right toparticipate as an unsecured creditor for any deficiencyclaim is another fact-specific example of a plan where alender could raise an objection based on bad faith ornon-compliance with § 1322(a)(3)." Sagendorph.

[7]The Supreme Court stated the question as: " We resolvein this case a dispute concerning the proper application of §506(a) of the Bankruptcy Code when a bankrupt debtor hasexercised the 'cram down' option for which Code §1325(a)(5)(B) provides. Specifically, when a debtor, over asecured creditor's objection, seeks to retain and use thecreditor's collateral in a Chapter 13 plan, is the value of thecollateral to be determined by (1) what the secured creditorcould obtain through foreclosure sale of the property (the'foreclosure-value' standard); (2) what the debtor wouldhave to pay for comparable property (the'replacement-value' standard); or (3) the midpoint betweenthese two measurements? We hold that § 506(a) directsapplication of the replacement-value standard."

[8]In Gollnitz, the court addressed a confirmed a plan underwhich the debtors agreed to make monthly payments, andwhich also authorized one of the debtors to surrendercertain property to the secured creditor, but made nospecific provision with regard to any environmentalobligations. When the New York State Department ofEnvironmental Conservation asserted a post-petition claim,the court held that because " surrender does not constitute atransfer of title," and the debtor remained obligated tosatisfy the environmental regulations with regard to certainfuel tanks at the property. Id. at 735 While Gollnitz does notspecifically reference disposable income, it illustrates adifficulty which can arise where a debtor only surrenders aproperty but does not convey title as part of confirmation.

[9]The Court recognizes that AmeriCredit is not squarely onpoint as it involved the interplay of § § 506 and 1325(a)(5)and the " hanging paragraph" involving motor vehiclespurchased within 910 days before the bankruptcy filing.The Second Circuit stated " The question presented hereconcerns the effect of the hanging paragraph not on thecramdown of vehicles purchased within 910 days of abankruptcy filing, but on those cases in which a debtorsurrenders a vehicle purchased within this period to hiscreditor," and held that the lender was entitled to adeficiency following surrender of the vehicle. Id. at 757.

[10]The Second Amended Plan also provides that " ALLSECURED CLAIMS SECURED BY DEBTOR'SINTEREST IN THE PROPERTY WILL BE PAIDTHROUGH SURRENDER OF THE PROPERTY ANDFORECLOSURE OF THE SECURITY INTERESTS." The

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Court does not treat this language as overriding theparagraph that follows, which expressly provides for thefiling of a deficiency claims.

[11]440 B.R. 302, 332 (Bankr. S.D.N.Y. 2010).

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VBA 15TH ANNUAL HOLIDAY LUNCHEON AND CLE

2015 Bankruptcy Case Summaries ~ The VTB Year in Review

TABLE OF CONTENTS Page

I. Initial Filing Requirements, Waiver of Filing Fee, and Credit Counsel

II. Property of the Estate and Exemption Issues 1. David Kadoch ch 7 # 14-10552……………………………… 2 2. Richard Rommer ch 7 # 15-10313……………………………… 3

III. Automatic Stay Issues

3. Lillian E. Billewicz ch 13 # 14-10674………………………………. 4 4. Lisa Marie Carpenter ch 7 # 15-10046……………………………….. 5 5. Stacy J. Velardi ch 13 # 15-10307………………………………. 5

IV. Allowance of Claims, Liens, and Interest in Property Issues

6. Bank of America, N.A. v. Caulkett 135 S. Ct. 1995………………………………… 6 7. R. Brown & Sons, Inc. v. Rathe et al ch 11 # 13-10449………………………………. 7 8. Peter /Lynn Monty v. US Bank et al AP # 13-1004…………………………………… 8 9. Peter /Lynn Monty v. US Bank et al No. 5:15-cv-97…………………………………. 9 10. Douglas & Sandy Jones v.Nationstar 13 # 13-10734………………………………….. 10

V. Notice and Sanction Issues 11. Alan & Kim Bean ch 13 # 11-10985……………………………….. 12 12. Scott T. Miller ch 13 # 14-10301……………………………….. 12

VI. Fraudulent Transfer Issues

VII. Chapter 13 Issues

13. Bullard v. Blue Hills Bank 135 S. Ct. 1686…………………………………. 13 14. Harris v. Viegelahn 135 S. Ct. 1829…………………………………. 14 15. Gregory A. Ladieu Ch 13 # 14-10551………………………………. 15 16. Kamberleigh Johnston v. Ocwen Ln 536 B.R. 576……………………………………. 16 17. Edward Higley ch 13 #14-10339…………………………………18

VIII. Chapter 11 Issues

18. City of Concord, N.H. v. NNE Tel 795 F.3d 343 (2d Cir. 2015)……………………. 19 19. Mark F. L. Silverstein ch 11 # 08-10625………………………………. 20

IX. Issues Pertaining to Professionals in Bankruptcy Cases 20. Baker Botts LLP v. Asarco 135 S. Ct. ………………………………………. 20

X. Adversary Proceedings and Procedural Issues Generally

21. Estate of Wayne Wilder v. J Card AP # 15-1001…………………………………… 21 22. Andrea Shader v. BSL & RVCU ch 7 # 10-10480………………………………… 22 23. Andrea Kontrovitz Shader v. ch 7 # 10-10480………………………………… 25

XI. Discharge and Dischargeability Issues

24. Rentrak Corporation v. M. Strait AP # 14-1008…………………………………… 26

XII. Dismissal

XIII. Jurisdiction 25. Wellness Intern’l Network v. Sharif 135 S. Ct. 1932…………………………………. 27

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VERMONT BAR ASSOCIATION BANKRUPTCY SECTION 15TH

ANNUAL HOLIDAY LUNCHEON AND CLE

December 11, 2015 ~ Rutland, Vermont

2015 Bankruptcy Case Summaries ~ The VTB Year in Review

I. Initial Filing Requirements, Waiver of Filing Fee, and Credit Counseling II. Property of the Estate and Exemption Issues

1. David Kadoch ch 7 # 14-10552 J. Emens-Butler (D); J Anderson (C);

04/03/15 J. Schwidde (C); J Canney (T)

MEMORANDUM OF DECISION AND ORDER OVERRULING CREDITORS' OBJECTIONS TO DEBTOR'S HOMESTEAD EXEMPTION

The Debtor's former spouse, Ms. Kadoch, and former mother-in-law, Ms. Clenott, (the "Creditors") filed objections to the Debtor's claim of a homestead exemption in his current residence (the "Property"). As part of a divorce decree (the "Divorce Decree"), the Debtor and Ms. Kadoch had stipulated the Debtor would sell the Property, which was subject to a first mortgage in the amount of $311,000. The Divorce Decree directed the Debtor and Ms. Kadoch to each use a portion of their sale proceeds to pay half of the debt they owed to Ms. Clenott, for money Ms. Clenott had loaned to them for improvements to the Property (the "Joint Marital Debt"). Subsequently, Ms. Clenott obtained a consent judgment against the Debtor for $208,090.83 (the "Consent Judgment"). About four years later, the family court entered a contempt order, appointing a receiver to sell the Property (the "Contempt Order") because Mr. Kadoch had failed to so. Thereafter, Mr. Kadoch filed for bankruptcy relief. The Creditors argued the Debtor was not entitled to claim a homestead exemption in the Property, and even if he was, the homestead exemption would not bar Ms. Clenott's enforcement of the Joint Marital Debt against the Property. The Court overruled the objections to the Debtor’s homestead exemption and held Ms. Clenott could not enforce her debt against the Property. The Court determined the Divorce Decree was not a conveyance of any interest to Ms. Clenott and did not create a lien on the Property in her favor, to secure payment of the Joint Marital Debt, because it did not contain language creating a security interest. This conclusion was further supported by reference to the Contempt Order which directed the receiver to distribute the proceeds of the sale to the parties in the divorce, without any mention of Ms. Clenott.

The Court also found the Divorce Decree did not terminate the Debtor's homestead right. Although some Vermont Supreme Court jurisprudence provides the final judgment in a divorce proceeding terminates a homestead right, it applied to a party who no longer resided in, or had an ownership interest in, the homestead property, and not to a party who retains uninterrupted possession and ownership of homestead property, as the Debtor did. The Court declined to treat the state court directive that the Debtor sell the Property as an abandonment of the homestead by the Debtor. Moreover, the Debtor was not estopped, through issue or claim preclusion, from asserting a homestead exemption against Ms. Clenott. Although the Debtor did not assert the homestead exemption in the divorce proceeding, the debts were adjudicated in the divorce solely for the purpose of allocating liability between the Debtor and Ms. Kadoch, not third-party creditors. Additionally, the Vermont Supreme Court has stated "[t]he homestead exemption does not apply in the context of a divorce." Pearson v. Pearson, 169 Vt. 28, 36-37 (1999).

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The Creditors argued the Contempt Order's appointment of a receiver to sell the Property stripped the debtor of his authority over the Property and extinguished his homestead rights. However, the Creditors failed to provide legal support for that assertion and this Court concluded the Contempt Order only extinguished the Debtor’s duty and authority to sell the Property pursuant to the Divorce Decree; it had no effect on the Debtor's homestead rights. Ms. Clenott's Consent Judgment against the Debtor did not abolish his homestead rights. The judgment contained no provisions addressing the Debtor's homestead rights. The Creditors' right to collect the debt from the Debtor, and the Debtor's right to invoke the homestead exemption, were entirely different matters. Even if the Debtor had waived his homestead rights in the state court action, such action did not alter the judgment's susceptibility to avoidance under 11 U.S.C. § 522(f), if that judgment impaired the Debtor's homestead exemption. Consent judgments resulting in judicial liens may be avoided under § 522(f), leaving the creditor with an unsecured claim. A waiver of an exemption in favor of that judicial lienholder is unenforceable pursuant to § 522(e). The Creditors also claimed the homestead exemption could not attach because the Debtor did not have equity in the Property. They contended that the Debtor's 1/2 interest in the Property, worth approximately $200,000, was entirely encumbered by the $311,000 joint mortgage. In finding otherwise, the Court applied the rule in Obuchowski v. Kleinfeldt (In re Kleinfeldt), 2007 Bankr. LEXIS 2521, *9-12 (Bankr. D. Vt. July 23, 2007) ("if [a] [p]roperty is to be sold, and the homestead exemption is to be computed in the context of allocation of the sale proceeds, the legal fiction of the joint and several liability of each co-tenant is dissolved and the Court must compute the allocation of net proceeds from a single pot.") (bracketed text in original). In using the Kleinfeldt calculation, the Court found the Debtor had equity in the Property to which his homestead exemption could attach. (($400,000 -$311,000) /2= $44,500) . Finally, the Creditors argued that even if the Debtor was eligible to claim a homestead exemption in the Property, the Debtor was prohibited by state law from invoking the homestead exemption as a bar to Ms. Clenott’s enforcement of her debt. Under 27 V.S.A. §§ 101 and 107, the homestead is exempt from attachment of debts, except for those existing at the time the deed is filed. Although under § 101, in order for the homestead to exist, it must be "owned and used or kept by such a person as a homestead...", the question of whether the property is presently the individual's homestead does not figure into the determination because § 107 presupposes the existence of a homestead under § 101. In re Soter, 26 B.R. 838, 840 (Bankr. D. Vt. 1983) (internal quotations omitted). Here, the Creditors argued the Joint Marital Debt arose prior to the date the Property became the Debtor's homestead, which it did under § 101. However, under § 107 and In re Soter, the Court did not need to determine whether the Debtor's Property was his homestead under § 101 at the time Ms. Clenott's debt arose. Rather, the controlling determination was whether Ms. Clenott's cause of action arose after the filing of the deed, which it did. Therefore, the Debtor did not acquire the Property subject to Ms. Clenott's pre-existing debt. An appeal is pending before the U.S. District Court (Murtha, J.)

2. Richard Rommer ch 7 # 15-10313 R. Rice (Debtor); 10/16/15 A. Bjerke (Green Mountain Bureau)

ORDER SUA SPONTE VACATING ORDER ENTERED ON OCTOBER 8, 2015 AND

ESTABLISHING BRIEFING SCHEDULE RE ALLOWANCE OF HOMESTEAD EXEMPTION

The Debtor owns a parcel of land that includes both his residence and outbuildings. The Debtor leases the outbuildings to a corporation, of which he is the sole shareholder, for his wheatgrass business.

The Debtor claimed a homestead exemption in the entire property and filed a motion to avoid several judicial liens under § 522(f). A creditor objected to the motion, arguing that because the Debtor’s outbuildings were used for commercial purposes, that portion of his property was not exempt under the homestead exemption statute. On October 16, 2015, the Court entered an Order directing the parties to file memoranda of

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law addressing the impact, if any, of (i) bankruptcy court homestead exemption decisions involving debtors who, in their individual capacity, rent part of their homestead property to third parties for residential use, see, e.g., In re Ruggles, 210 B.R. 57 (Bankr. D. Vt. 1997); (ii) bankruptcy court homestead decisions involving debtors who use portions of the property for purposes that are not strictly residential, see, e.g., In re Ford, 415 B.R. 51 (Bankr. N.D.N.Y. 2009); and (iii) cases examining when, and under what circumstances, a court should engage in reverse piercing of a corporate veil to prevent injustice, see e.g., In re Hecker, 414 B.R. 499 (Bankr. D. Minn. 2009), Agway, Inc. V. Brooks, 790 A.2d 438 (Vt. 2001), Winey v. Cutler, 678 A.2d 1261 (Vt. 1996), Cargill, Inc. v. Hedge, 375 N.W.2d 477 (Minn. 1985).

The parties have supplemented the record with further briefing, and the Court will hold a continued hearing on this matter on December 4, 2015. III. Automatic Stay Issues

3. Lillian E. Billewicz ch 13 # 14-10674 pro se Debtor;

12/19/14 H. Cooper (Phoenix Financial)

ORDER GRANTING CREDITOR'S MOTION AND DECLARING STAY NOT IN EFFECT, PER § 362(C)(4)

The Debtor filed the instant case on December 16, 2014. Previously, the Debtor had filed two other Chapter 13 cases, one on July 11, 2014 (# 14-10403) and the other on August 25, 2014 (# 14-10475). Both cases were dismissed (on August 25, 2014 and November 10, 2014, respectively), due to the Debtor’s failure to cure filing deficiencies, despite several extensions of time to do so. Creditor Phoenix Financial Corp. ("Phoenix") filed a motion seeking an order determining the automatic stay was inapplicable in the instant case, pursuant to 11 U.S.C. § 362(c)(4). That section provides:

(4)(A)(i) if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed,… , the stay under subsection (a) shall not go into effect upon the filing of the later case; and

(ii) on request of a party in interest, the court shall promptly enter an order confirming that no stay is in effect;

11 U.S.C. § 362(c)(4). Here, the Debtor had two cases pending within the year prior to the filing of this case, which were dismissed. Under those circumstances, the Court was bound to “promptly enter an order confirming no stay [is] in effect” upon the request of a party interest. Phoenix filed documents in support of its motion evidencing that it held a claim against the Debtor, and the Debtor listed Phoenix on the Schedule D and matrix she filed in the case. Therefore, the Court found Phoenix was a party in interest and was entitled to make a request for an order under § 362(c)(4)(A)(ii). Accordingly, the Court granted Phoenix's motion, and entered an Order confirming no stay was in effect. Several months after entry of the instant Order, Phoenix filed a motion to dismiss the Chapter 13 case, which was granted.

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4. Lisa Marie Carpenter ch 7 # 15-10046 G. Pazden (Debtor); K. Malady (BHA) 04/29/15

MEMORANDUM OF DECISION WITH ORDER GRANTING DEBTOR'S MOTION AND DECLARING EXCEPTION TO AUTOMATIC STAY DOES NOT APPLY

The Debtor filed a motion seeking an order determining that the anti-discrimination provision of the Bankruptcy Code excused her from complying with a Code provision which required debtors whose landlords obtained a pre-petition judgment and right to possession of rental premises, to cure the pre-petition rental arrearage within thirty days of filing for bankruptcy relief. Under 11 U.S.C. § 362(b)(22), the automatic stay is subject to an exception that allows a landlord who has obtained a pre-petition judgment for possession of the property, to continue with any eviction against a debtor-tenant. However, 11 U.S.C. § 362(l)(1), provides a thirty-day delay to § 362(b)(22), provided a debtor deposits with the clerk of the court any rent that would become due during that thirty-day post-petition period, and files a certification that under applicable law there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment after that judgment was entered. Subsection (l)(2) of that section also provides that if the debtor-tenant cures the entire pre-petition default within the thirty-day post-petition period, then the subsection (b)(22) exception will not be triggered and the landlord is stayed from enforcing its right under the pre-petition judgment.

The Debtor complied with subsection (l)(1). However, the Debtor did not cure the entire pre-petition default pursuant to subsection (l)(2). Ordinarily, § 362(b)(22) would apply, and the landlord would be able to continue the pending eviction action. However, here, the Debtor rented her apartment from Bennington Housing Authority, a government agency. Under § 525(a) of the Bankruptcy Code, also known as the anti-discrimination provision, a governmental unit may not discriminate against a person with respect to certain grants solely because that person has had a debt discharged in bankruptcy. The Court examined a pre-BAPCPA, pre-(b)(22), Second Circuit ruling, Stoltz v. Brattleboro Hous. Auth. (In Re Stoltz), 315 F.3d 80, 86 (2d Cir. 2002), which held that § 525(a) precludes a public housing authority from evicting a debtor-tenant from public housing based on nonpayment of discharged, pre-petition rent, even though under § 365 other lessors would have the right to evict such a tenant. The Court concluded this ruling was still good law post-BAPCPA, as had Judge Gerber in In re Kelly, 356 B.R. 899, 901 (Bankr. S.D. Fla. 2006), and was directly analogous to the case at bar. Accordingly, the Court held the anti-discrimination provision of the Code controlled, and the exception to the automatic stay set forth in § 362(b)(22) did not apply.

5. Stacy J. Velardi ch 13 # 15-10307 J. Emens-Butler (Debtor); 09/21/15 T. Mayer (U.S. Foods, Inc.)

ORDER DENYING DEBTOR’S MOTION FOR APPLICATION OR EXTENSION OF AUTOMATIC STAY, SANCTIONS AND TRO, AND DIRECTING CREDITOR TO RELEASE LIEN ON CERTAIN FUNDS

The Debtor filed an emergency motion for an application or extension of automatic stay, and sanctions, because U.S. Foods, Inc. (the “Creditor”) had levied against the Debtor’s operating bank account earlier that day to enforce a judgment it had against the Debtor’s corporate entity, Due Feminine, LLC. The Debtor asserted that the freezing of the account, in the amount of $16,135, prevented her from making payroll, clearing outstanding vendor checks, and paying taxes and other critical financial obligations. The Debtor also insisted that the release of these funds was essential for her plan’s success under Chapter 13, and therefore, that creditors of the bankruptcy estate would suffer irreparable harm if the Court did not enjoin the Creditor’s collection efforts. After holding an emergency hearing, the Court: (1) denied the Debtor’s requested relief for a temporary restraining order and the extension of a stay because the

Debtor did not meet the high legal standards for these extraordinary types of relief;

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(2) found the Creditor’s levy did not violate the automatic stay under 11 U.S.C. § 362 because the account levied was not the Debtor’s personal account;

(3) found the emergency motion was procedurally deficient because the Debtor neither filed an adversary proceeding as required by Bankruptcy Rule 7001, nor met the requirements for a temporary restraining order under Bankruptcy Rule 7065;

(4) determined the Debtor did not demonstrate cause for an extension of the stay, or a temporary restraining order, under 11 U.S.C. § 105;

(5) found neither the record nor applicable case law provided a basis to find cause for extension of the stay to encompass funds in an account in the name of a non-debtor entity; and

(6) determined the Creditor was not required to release funds of Due Feminine, LLC subject to its judgment against that entity.

A crucial consideration here was that (i) the Debtor was using the LLC’s bank account, rather than her own, to operate the business which funded her chapter 13 plan; (ii) the Creditor had not levied against the Debtor’s personal bank account; and (iii) the LLC and Debtor were jointly liable on the debt.

Accordingly, the Court granted the Debtor’s motion only to the extent the Debtor sought a release of funds in excess of the amount of the Creditor’s judgment against Due Feminine, LLC. IV. Allowance of Claims, Liens, and Interests in Property Issues

6. Bank of America, N.A. 135 S. Ct. 1995

v. Caulkett June 1, 2015

OPINION OF THE U.S. SUPREME COURT RE STRIPPING OF WHOLLY UNSECURED JUNIOR MORTGAGES IN CH 7 CASES

Each of the Debtors involved in this consolidated appeal had filed a Chapter 7 case at a time when they owned a house with two mortgages, and the balance due on the senior mortgage exceeded the current value of the home, leaving the junior loan completely “underwater.” The debtors sought to void the junior mortgage lien on the home, under § 506(d) of the Bankruptcy Code, which provides, “To the extent that a lien secures a claim against the debtor that is not an allowed secured claim, such lien is void.” 11 U. S. C. § 506(d). In each case, the Bankruptcy Court had granted the motion, and both the District Court and the Eleventh Circuit had affirmed. The Supreme Court reversed the judgments of the lower courts and held that a debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under § 506(d) even when there is no equity to which the lien may attach.

The Debtors’ textual analysis of § 506(d) was foreclosed by the Court's already adopted construction of the term "secured claim" in § 506(d). See Dewsnup v. Timm, 502 U. S. 410 (1992). In Dewsnup, the Chapter 7 debtor sought to reduce a partially underwater lien under § 506(d) to the value of the collateral. The Court denied this relief; it reasoned that if a claim “has been ‘allowed’ pursuant to § 502 of the Code and is secured by a lien with recourse to the underlying collateral, it does not come within the scope of § 506(d)." Id., at 415. Under Dewsnup, the term “secured claim” in § 506(d) was defined to mean a claim supported by a security interest in property, regardless of whether the value of that property would be sufficient to cover the claim.

The debtors argued that the Dewsnup decision should be limited to partially – as opposed to wholly – underwater liens. However, the Court declined to make the distinction because, contrary to the debtors’ assertions: (1) the definition of “secured claim” as determined by Dewsnup did not depend on whether a lien was partially

or wholly underwater, (2) the term “secured claim” could not be redefined as any claim that is backed by collateral by some value

since this reading of § 506(d) would give a meaning inconsistent with § 506(a),

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(3) Nobelman v. American Savings Bank, 508 U.S. 324 (1993) was inapplicable because it stated nothing about the meaning of the term “secured claim” in § 507(d) and instead addressed the interaction between the meaning of “secured claim” in § 506(a) and § 1322(b)(2),

(4) whether or not the historical and policy concerns that motivated the Dewsnup Court to rule as it did was an insufficient justification for giving the term “secured claim” in § 506(d) a different definition depending on the value of the collateral, and

(5) embracing the debtors’ distinction would not vindicate § 506(d)’s original meaning but would leave an odd statutory framework in its place where a dollar more than the amount of a senior lien would prevent the debtor from stripping down a junior lien, but a dollar less would enable the debtor strip off the entire junior lien.

Based on this rationale, the Supreme Court determined that Dewsnup did apply and these chapter 7 debtors could not avoid their junior liens under § 506(d).

7. R. Brown & Sons, Inc. ch 11 # 13-10449 J. Emens-Butler (R. Brown / Appellant); v. Rathe Salvage, Inc., 02/25/15 A. Bouffard (Rathe / Appellee);

LaRoche Towing & Recovery, Inc., S. Craddock (LaRoche / Appellee); and New England Quality Service, Inc. J. Canney (NEQS / Appellee)

OPINION AND ORDER OF THE U.S. DISTRICT COURT

RE ALLOWANCE OF ADMINISTRATIVE EXPENSE

R. Brown & Sons, Inc. (the "Debtor") was a scrap metal recycling and transporting business. Pre-petition, a creditor obtained a $440,095 judgment against the Debtor. Pursuant to a writ of execution, Rutland and Washington County Sheriffs (the "Sheriffs") seized ten items of the Debtor's equipment, machinery, and vehicles (the "Property"). The creditor arranged to have the seized items stored by two storage companies; rates averaged between $50 and $100 dollars a day and totaled $73,125.

The Bankruptcy Court determined the Sheriffs qualified as custodians under 11 U.S.C. § 101(11), and thus were entitled to recover the storage fees as administrative expenses under 11 U.S.C. §§ 503(b) and 507(a)(2). The Debtor appealed the Bankruptcy Court’s September 18, 2013 final order on pre-petition and post-petition storage claims. It argued the Bankruptcy Court: (1) erred as a matter of law in determining the Sheriffs qualified as custodians under § 101(11), and (2) committed clear error in finding the storage fees reasonable. The District Court affirmed the Bankruptcy Court’s decision. The District Court first determined the Debtor timely filed its notice of appeal, the Bankruptcy Court had properly granted the Debtor an extension to file an appeal under Rule 8002(d)(1), and the Debtor filed the appeal within the extended time period. Next, the District Court determined it lacked jurisdiction to consider whether the Bankruptcy Court correctly determined the Sheriffs were custodians, because this was not a decision reached in the September 18th Order. The Bankruptcy Court had previously determined that issue, and the notice of appeal only sought to appeal the September 18th Order. The District Court indicated, however, that if it were to review the Bankruptcy Court's determination on the custodian issue, it would agree the Sheriffs qualified as custodians. Under § 101(11)(C), the definition of a custodian depended on applicable law. Here, the applicable law was 12 V.S.A. § 2731, which authorized the Sheriffs to levy the Property and required it "shall be safely kept by the officer at the debtor's expense, until sold or the execution is otherwise satisfied." Although the Sheriffs allegedly did not "control" the Property and enlisted the towing and storage companies as agents, these facts did not relieve the Sheriffs from their duty as custodians to levy and protect the property. It was also irrelevant that the creditor arranged for storage rather than the Sheriffs, as the custodial duties remained imposed on the Sheriffs under Vermont law. On the primary issue before it, the District Court held the Bankruptcy Court did not commit clear error in finding the Sheriffs acted reasonably in seeking short-term storage at customary rates for the seized Property. A bankruptcy court should “measure ‘reasonableness’ and ‘benefit’ [under § 543(c)(2)] prospectively, as of the

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date the services were rendered.” In re R & G Props., Inc., No. 08-10876,2009 WL 1396285, at *4 (Bankr. D. Vt. Apr. 30, 2009) (bracketed text in original). The evidence established the storage rates charged were reasonable short-term storage rates. The Sheriffs could not be expected to predict that the Property would be stored for 116 days, and were therefore not required to seek long-term rates. The Court also observed that the Debtor had control over the length of time the Property was stored, as filing for bankruptcy would have forced turnover of the Property. Of the 116 days during which the Property was stored, 95 days passed before the Debtor filed for bankruptcy. Approximately six months after the decision was rendered, a creditor filed a motion to convert the case to chapter 7. The Court dismissed the case.

8. Peter and Lynn Monty ch 13 # 11-11127 R. Rice (Plaintiffs); v. U.S. Bank, N.A. as Trustee for JP AP # 13-1004 P. Callaghan (Defendants);

Morgan Acquisition Trust 2006-CW, 04/16/15 Kennelly (Defendants) Mortgage Electronic Registration Systems, Inc., and Select Portfolio Servicing

MEMORANDUM OF DECISION WITH ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

RE WHETHER TRANSFEREE OF A PROMISSORY NOTE IS A “HOLDER,” ENTITLED TO FILE POC

Peter and Lynn Monty (the "Plaintiffs") owned real property secured by a first mortgage in the amount of $225,650. The mortgage originated on April 11, 2006, when the Plaintiffs executed a promissory note (the "Note") in favor of Countrywide Home Loans, Inc. ("Countrywide") and a mortgage granting Mortgage Electronic Registration Systems ("MERS"), as nominee for Countrywide, and its successors and assigns, a lien on the Plaintiffs' interest in the property (the "Mortgage"). Prior to the origination of the Mortgage, Countrywide agreed to sell its right, title and interest, excluding servicing rights, in certain loans, including future loans, to J.P. Morgan Acquisition Corp ("J.P. Acquisition"). Subsequently, J.P Acquisition, J.P. Morgan Acquisition Corp. I ("J.P. Acquisition I"), and U.S. Bank, N.A., as trustee (the "Defendant"), entered into a Pooling and Servicing Agreement (the “PSA”), which created a trust (the "Trust"). Bank of New York Mellon ("Mellon") was the designated document custodian for the Trust. On April 17, 2006 the Note was transferred to Mellon. On December 30, 2011 the Plaintiffs filed a Chapter 13 petition. On the petition date, Mellon possessed the Note. On December 3, 2012, the Defendant filed a proof of claim for this debt. On February 14, 2013, the Plaintiffs filed the instant adversary proceeding, seeking an order disallowing the claim and invalidating the Mortgage on several grounds. In 2014, the Defendant filed a motion for summary judgment. The Plaintiffs opposed the motion and asserted that the following material facts were in dispute: (1) the date on which the Defendant obtained possession of the Note, (2) the date on which the Note was indorsed, (3) which entity had possession of the Note on the date the Chapter 13 petition was filed, and (4) which entity had possession of the Note on the date the POC was filed. The Court found no material facts were in dispute and the Defendant was entitled to enforce the Note on the date the petition was filed and on the date the proof of claim was filed. The Bankruptcy Court's decision centered on the question of whether the Defendant was a “holder” and hence a party who had the right to enforce the Note. Bankruptcy courts look to applicable non-bankruptcy law in order to specify the requirements of enforcing a promissory note. Under the Vermont UCC, Article 3 describes a "[p]erson entitled to enforce" an instrument as "(i) the holder of the instrument." 9A V.S.A. § 3-301. The general definitions section of Vermont's UCC defines a "holder," in relevant part, as "(A) the person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession." 9A V.S.A. § 1-201(21)(A). An entity may be the holder of a note if two criteria are met: (1) it is in possession of a note, and (2) the note is either payable to it or the note is indorsed in blank. 9A V.S.A. §§ 3-201, 3-205. To enforce a promissory note under § 3-301(i), therefore, a person must

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(i) be in possession of the instrument at the time the enforcement action is filed, and (ii) the instrument must be made payable to the person or to bearer. In the context of bankruptcy, a party must demonstrate it was a holder on the date of the bankruptcy petition in order to be entitled to file a proof of claim alleging a secured claim in real property. In re Parker, 445 B.R. 301, 306 (Bankr. D. Vt. 2011). Alternatively, a party may file a proof of claim based on obtaining "holder" status post-petition if it can demonstrate the party who transferred the claim to it had the right to enforce the note (i.e., qualified as a “holder”) on the date of the petition. The Court determined there was no issue of fact as to when the Defendant obtained possession of the Note. The Defendant did not need to prove the date the Mortgage was transferred to the Defendant, whether the Mortgage had an uninterrupted chain of title, or whether the Mortgage was transferred pursuant to the PSA. See Wells Fargo Bank Minn. Nat’l Ass’n v. Rouleau, 46 A.3d 905, 910 (Vt. 2012). Rather, the Defendant only needed to prove that: (1) it was in possession of the Note as of the petition date, and (2) as of the petition date, the Note was indorsed either to the Defendant or to bearer. Next, the Court determined there was no issue of material fact as to when the Note was indorsed in blank because the record indicated, as of the petition date, the Defendant possessed the Note that was indorsed either to the Defendant or to bearer. It was material to determine when the Note was indorsed and whether the Note was indorsed before the petition date. Although the indorsement in blank was undated, it was indorsed in blank as of the time it was introduced as evidence, at the time the proof of claim was filed. The Defendant filed an amended affidavit, which stated the Note was indorsed in blank as of the petition date and Mellon possessed the Note until it was transferred post-petition. The Plaintiffs did not mount a viable challenge to the affidavit. Based upon the above reasoning, the Court determined there was no issue of material fact as to which entity possessed the Note on the date the petition was filed.

Finally, the Court determined the Defendant had possession of the Note on the day it filed the proof of claim, and both the transferor and the transferee had possession of the Note as agents of the Defendant.

9. Peter and Lynn Monty No. 5:15-cv-97 R. Rice (Appellants); v. U.S. Bank, N.A. as Trustee for JP 2015 WL 6441725 P. Callaghan (Appellees);

Morgan Acquisition Trust 2006-CW, 10/22/15 Kennelly (Appellees) Mortgage Electronic Registration Systems, Inc., and Select Portfolio Servicing

OPINION AND ORDER OF THE U.S. DISTRICT COURT RE EVIDENTIARY STANDARD FOR BUSINESS RECORDS & TEST FOR “HOLDER” OF A TRANSFERRED NOTE

On appeal, the Plaintiffs contended that the Bankruptcy Court erred when it concluded the Defendant had authority to enforce a promissory note against them. Defendants argued the Bankruptcy Court’s ruling should be affirmed. The District Court first held that the standard for establishing the right to enforce the note was governed by Vermont UCC, Article 3, and was correctly determined by the Bankruptcy Court. Next, the District Court rejected the Plaintiffs’ evidentiary challenge to the Defendants’ statements in the affidavits as failing to comply with Federal Rule of Evidence 803(6) and 902(11), because the Plaintiffs did not raise it before the Bankruptcy Court. The District Court determined that even if it were to consider the evidentiary challenge, it would fail because: (1) Defendants’ affidavits were made on personal knowledge and set out facts admissible in evidence under

Federal Rule of Civil Procedure 56(c)(4), and (2) Defendants’ statements were based on their review of “business records” and thus constituted admissible

evidence under the exception to the hearsay rule. See Fed. R. Evid. 803(6). The District Court rejected the Plaintiffs’ argument that Rule 803(6) did not apply because the

Defendants were neither custodians of documents maintained by Bank of America nor employees of either Countrywide or Bank of America; such evidence was not necessary for the Defendants to be qualified under Rule 803(6) since “[u]nder Rule 803(6) business records are admissible if witnesses testify that the records are

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integrated into a company’s records and relied upon in its day-to-day operations.” See In re Ollag Constr. Equip. Corp., 665 F.2d 43, 46 (2d Cir. 1981). Since the Defendants stated their job duties included reviewing company business records and they obtained personal knowledge for their statements based upon a review of those records, the District Court found sufficient evidence that the records were integrated into a company’s records. See Cline v. Deutsche Bank Nat’l Trust Co., Civil Action No. 3:14-CV-1565-D, 2015 WL 4041791 (N.D. Tex. July 2, 2015); Foregger v. Residential Credit Solutions, Inc., Civil Action No. 12-11914-FDS, 2014 WL 1364788 (D. Mass. Apr. 4, 2014); Lyon Fin. Servs., Inc. v. Clear Sky MRI & Diagnostic Ctrs., Inc., Civil Action No. 05-3084, 2006 WL 2338407 (E.D. Pa. Aug. 10, 2006).

The Plaintiffs also relied on Unifund CCR Partners v. Bonfigli, No. S1295-08 CnC, 2010 Vt. Super. LEXIS 24 (Vt. Super. Ct. May 5, 2010), which concluded that bank data incorporated into the plaintiff’s records were hearsay, and that, absent some independent foundation for admissibility, the data would not satisfy the business records exception. However, the District Court determined that Bonfigli was distinguishable because the mortgage-loan business is substantially different from the credit card debt-buying business; a mortgage-loan business transfer, unlike credit card debt buying, requires a negotiable instrument, which does not require additional proof of the relationship between a transferor and transferee.

The District Court further found that nothing in the record undermined the trustworthiness of the information upon which the Defendants’ affidavits were made. Thus, the Bankruptcy Court’s decision was affirmed.

10. Douglas & Sandy Jones ch 13 # 13-10734, R. Rice (Plaintiffs);

v. Nationstar Mortgage, LLC AP # 13-1019 G. Rees (Defendant) 07/23/15

MEMORANDUM OF DECISION WITH ORDER

GRANTING IN PART EACH OF THE CROSS MOTIONS FOR SUMMARY JUDGMENT AND DETERMINING AMOUNT AND CLASSIFICATION OF THE DEFENDANT’S CLAIM

RE ALLOWANCE OF CLAIM BASED ON EQUITABLE SUBROGATION AND UNJUST ENRICHMENT Douglas and Sandy Jones (the "Plaintiffs") owned real property they occupied as their homestead (the "Property"). Mr. Jones entered into a refinance transaction with Nationstar Mortgage, LLC (the "Defendant"); Mrs. Jones did not participate in that transaction. The refinance proceeds were used to satisfy the Plaintiffs' first mortgage, property tax liens, secured debts incurred for the purchase of multiple vehicles, and some of the Plaintiffs' unsecured debts; the Plaintiffs also retained a portion of the proceeds. The Plaintiffs filed the instant adversary proceeding, challenging the validity of the Defendant's mortgage. Since Mrs. Jones did not sign the Nationstar promissory note or mortgage, she invoked her right under 27 V.S.A. § 141 to seek a determination that the mortgage was void. The pertinent element of § 141 provides that a conveyance of a homestead interest, without the consent of a spouse, is inoperative. The Defendant conceded the mortgage was not valid under § 141, but asserted its mortgage was valid and enforceable under principles of equitable subrogation and unjust enrichment. The Court first granted the Defendant a valid lien, under the principle of equitable subrogation, for the amount of the loan proceeds used to satisfy the first mortgage and property tax liens which encumbered the Property at the time of the refinance. To reach this conclusion, the Court found the Defendant satisfied the four part test, required to establish equitable subrogation rights, set forth by the Vermont District Court in GMAC Mortg., LLC v. Orcutt, 506 B.R. 52, 65 (D. Vt. 2014). The parties only contested the first and fourth prongs (whether the Defendant was a volunteer and whether granting subrogation would be unjust as to other parties). Under the first prong of test, the Court determined the Defendant did not act as a volunteer when it satisfied the mortgage of another lender. In the alternative, the Court recognized that the Vermont Supreme Court had previously adopted the position of Restatement (Third) of Restitution and Unjust Enrichment, which abandons the volunteer test in determining the applicability of equitable subrogation. In connection with the fourth prong,

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the Court considered the injustice subrogation would work on the Plaintiffs. Permitting the Defendant to subrogate to the rights of the parties who previously held those debts would merely restore the Plaintiffs to the position they were in prior to their transaction with the Defendant. The Court determined the Defendant could not be subrogated in excess of the amount of the liens on the Property at the time of its transaction with the Plaintiffs, but justice required the Defendant be granted subrogation to that extent. The Court next considered the Defendant's prayer for relief under the doctrine of unjust enrichment, through an equitable lien, for the remainder of the debt not eligible for secured status under equitable subrogation. The Court relied upon relevant Vermont case law, the Restatement (Third) of Restitution and Unjust Enrichment, and the law of other jurisdictions in its analysis of this issue. The Court identified three primary considerations to analyze the Defendant's right to an equitable lien. First, the Court found the non-signing spouse derived a substantial benefit from the advancement of funds. The Court concluded that since the loans were used to satisfy liens on marital property, the Plaintiffs would receive a windfall if the Defendant's claim was considered a general unsecured claim, and therefore this factor weighed in favor of the Defendant. Second, the Court found the Defendant could have avoided the mortgage defect through the exercise of reasonable diligence, but failed to do so; thus, this factor weighed in favor of the Plaintiffs. Last, the Court scrutinized the purpose of the underlying statute and the role it should play in assessing the Defendant’s right for an equitable lien. The Court held that since the purpose of the pertinent homestead statute is to protect home ownership – and the rights of homeowners – this factor weighed against granting an equitable lien to the Defendant. To grant an equitable lien would only benefit the Defendant and would render the statute impotent. Based upon these considerations, the Court determined the Defendant was entitled to an equitable lien, but not for the full sum it sought. The Court used its discretion to tailor an equitable remedy and fixed the amount of the Defendant's lien at one-third of the remaining sum the Defendant sought to secure, since one of the three factors weighed in its favor.

Hence, notwithstanding the legal deficiencies of the mortgage, the Court allowed the Defendant’s claim as follows based upon equitable principles:

- a secured claim in the amount of $ 77,558.26 based upon equitable subrogation, - a secured claim in the amount of $ 14,293 based upon unjust enrichment, and - an unsecured claim of $61,508.44.

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V. Notice and Sanction Issues

11. Alan & Kim Bean ch 13 # 11-10985 K. Walls (Debtors) 04/22/15

ORDER GRANTING DEBTORS' MOTION TO FIND CREDITOR IN CONTEMPT

AND GRANTING DEBTORS' REQUEST FOR SANCTIONS RE PENALTY FOR FAILING TO COMPLY WITH COURT ORDERS

On March 2, 2015, the Court granted the Debtor's request for an order requiring One Main Financial (the “Creditor”) to commence providing monthly statements to the Debtors per Vt. LBR 3071-1(f) by March 15, 2015. On March 30, 2015, the Debtors filed a motion for a finding of contempt, alleging they had not received any communication from the Creditor as of the date of their second motion, and specifically, had not received the monthly statements the Creditor was required to send per the March 2nd Order. The Court found the Creditor failed to comply with the March 2nd Order and therefore, sanctions were warranted. To prevail on a motion for contempt, the movant must demonstrate (1) a knowing violation of a sufficient, specific, and precise order; and (2) knowledge of the order.

The Court found the March 2nd Order met the first requirement because the Order was sufficient, specific, and precise, and the Creditor violated it. Next, the Court found the Creditor had requisite knowledge of the March 2nd Order since it was properly served with the Debtors' original motion for contempt. The Creditor had notice of the Court's hearing regarding the first motion, received proper notice of the Debtors' second motion, and did not file an objection prior to the objection deadline. The Creditor was afforded an opportunity to be heard on both its obligation to provide monthly statements and whether its failure to provide monthly statements warranted sanctions. The Court determined it was proper to have the sanctions payable to the Debtors. The Court ordered the Creditor to pay to the Debtors the sum of $200.00 per day for each day after the entry of the Order finding that the Creditor failed to comply with the March 2, 2015 Order. The Court also granted the Debtors' request for attorney's fees in the amount of $1,187.50.

12. Scott T. Miller ch 13 # 14-10301 M. Kainen (Debtor); 7/24/15 D. Wolinsky (Nationstar)

ORDER

FINDING CREDITOR IN CONTEMPT AND IMPOSING SANCTIONS FOR VIOLATION OF COURT ORDER RE PENALTY FOR FAILING TO APPEAR FOR HEARING ON OBJECTION TO POST-PETITION FEES

The Debtor filed a motion to disallow certain post-petition fees claimed by Nationstar Mortgage, LLC (“Nationstar”). Nationstar was properly noticed but did not appear at the hearing. The Court granted the Debtor’s motion to disallow the fees and awarded the Debtor attorney’s fees. About two months later, the Debtor filed a motion for an order holding Nationstar in contempt of court, asserting Nationstar had not yet responded to the Court’s initial Order. The Debtor requested that the Court both impose sanctions and award attorney’s fees. The Court entered an order granting the request for attorney’s fees and directed Nationstar to appear at a hearing and show cause why sanctions should not be imposed based on its failure to comply with the Court’s Order. The Court also set forth the date on which sanctions would begin to accrue, at $200 per day, until Nationstar paid the attorney’s fees.

Nationstar subsequently paid the attorney’s fees (67 days after the date set by the Court) and appeared for the first time at the hearing. At that time, Nationstar represented that the failure to comply with the Court’s

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order was a mistake for which Nationstar apologized, and assured the Court that no such errors would occur again in this case going forward. The Court found Nationstar’s conduct constituted contempt of court, and thus, civil contempt sanctions were warranted. Sanctions in civil contempt proceedings may be employed for either or both of two purposes: to coerce the defendant into compliance with the court’s order and/or to compensate the complainant for losses sustained.

To prevail on a motion for contempt, the movant must demonstrate (1) a knowing violation of a sufficient, specific and precise order, and (2) knowledge of the order. The Court found the initial Order setting forth the risk of sanctions was clear and precise and that Nationstar had ample notice thereof. The Court directed Nationstar to pay $13,400 in civil contempt sanctions ($200 per day x 67 days) to Legal Services Law Line of Vermont, rather than to the Debtor. The Court reasoned that if it were to direct Nationstar pay the civil contempt sanction to the Debtor, the Debtor would be enriched beyond the already awarded attorney’s fees and disallowed bank charges, and this would constitute an unjust windfall. However, the Court determined it was important to impose sanctions to deter Nationstar from ignoring court orders in the future – in this and other bankruptcy cases – and to ensure Nationstar’s timely compliance with court orders in general. The Court determined it was fitting to have the sanctions paid to Legal Services Law Line of Vermont, an entity that provides representation to indigent parties in bankruptcy cases. VI. Fraudulent Transfer Issues

VII. Chapter 13 Issues

13. Bullard v. Blue Hills Bank 135 S. Ct. 1686

May 4, 2015

OPINION OF THE U.S. SUPREME COURT RE FINALITY OF AN ORDER DENYING PLAN CONFIRMATION

After filing for Chapter 13 bankruptcy relief, Bullard (the “Debtor”) filed a proposed plan. Debtor’s mortgage lender, Blue Hills Bank (“Bank”), objected to the plan's treatment of its claim. The Bankruptcy Court sustained the Bank's objection and declined to confirm the plan. Debtor appealed to the First Circuit Bankruptcy Appellate Panel ("BAP"). The BAP concluded that the Bankruptcy Court’s denial of confirmation was not a final, appealable order, under 28 U. S. C. §158(a)(1), but heard the appeal under a provision, § 158(a)(3), permitting interlocutory appeals “with leave of the court” and agreed with the Bankruptcy Court that Debtor's proposed plan did not meet the criteria for confirmation.

The Debtor appealed to the First Circuit, but that court dismissed the appeal for lack of jurisdiction. It concluded that its jurisdiction depended on the finality of the BAP's order, which in turn depended on the finality of the Bankruptcy Court's order. It found that the Bankruptcy Court's order denying confirmation was not final and concurred with the Bankruptcy Court’s analysis that any order denying confirmation was not final so long as the Debtor remained free to propose another plan. The parties appealed, and the Supreme Court granted certiorari to resolve a split among the circuits. The Supreme Court affirmed. It held that a bankruptcy court's order denying confirmation of a debtor's proposed repayment plan is not a final order that the debtor can immediately appeal. "Congress has long provided that orders in bankruptcy cases may be immediately appealed if they finally dispose of discrete disputes within the larger case." Howard Delivery Service Inc. v. Zurich American Insurance Co., 547 U.S. 651 (2006). It focused on the fact that Chapter 13 is a process of attempting to arrive at a plan that meets the criteria for confirmation and allows the individual’s reorganization to move forward. Only plan confirmation, or case

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dismissal, brings that to a conclusion and fixes the parties' rights and obligations; denial of confirmation does not preclude a debtor from being able to file an amended plan and thus cannot be accurately described as final.

The Court pointed out that an appeal of an order denying confirmation could take more than a year and significantly interrupt the flow of a Chapter 13 case. The rule of finality avoids such delays and inefficiencies. The Court stressed that its ruling does not preclude parties from appealing a bankruptcy court's denial of a plan under the interlocutory mechanisms of §§ 158(a)(3) and (d)(2).

Note: This ruling is consistent with the law of the 2nd Circuit so it does not change practice in the District of Vermont. See In re Maiorino, 691 F 2d 89 (2d Cir 1982).

14. Harris v. Viegelahn 135 S. Ct. 1829

May 18, 2015

OPINION OF THE U.S. SUPREME COURT RE DISPOSITION OF FUNDS HELD BY CH 13 TRUSTEE UPON DEBTOR’S CONVERSION TO CH 7

Harris (the “Debtor”) filed a Chapter 13 bankruptcy petition and plan. The plan provided he would make the current monthly mortgage payments directly to Chase Manhattan (“Chase”) plus make monthly payments of $530 per month to the trustee, to fund his plan, via a wage withholding order. The trustee would disburse part of each monthly payment to Chase, to cure the Debtor’s pre-petition mortgage arrearage, and distribute the balance to the Debtor’s other creditors. Post-petition, the Debtor fell behind on the direct mortgage payments, and Chase foreclosed on the Debtor’s home. Subsequent to the foreclosure, the Debtor continued to make the $530 monthly payments to the trustee, but the trustee ceased making payments to Chase through the plan. The funds earmarked for Chase accumulated in the trustee’s bank account. Approximately one year after the foreclosure, the Debtor converted his case to Chapter 7. Shortly thereafter, the trustee distributed the accumulated funds originally intended for Chase, to the Debtor’s other creditors. In response to that action, the Debtor sought an order from the Bankruptcy Court directing the trustee to refund the sums paid to the creditors from monies that were allocated to the Chase arrears. The Bankruptcy Court granted the Debtor’s motion and the District Court affirmed. The Fifth Circuit reversed. The Supreme Court reversed the Fifth Circuit, and held that a Chapter 13 debtor who converts to Chapter 7 is entitled to a refund of all funds arising from post-petition plan payment not distributed by the Chapter 13 trustee. The Debtor asserted that absent a bad-faith conversion, § 348(f) limits a converted Chapter 7 estate to property belonging to the debtor “as of the date” the original Chapter 13 petition was filed. Because post-petition wages are not encompassed by that provision, undistributed wages collected by a Chapter 13 trustee ordinarily do not become part of a converted Chapter 7 estate. By excluding post-petition wages from the converted Chapter 7 estate (absent a bad-faith conversion), § 348(f) removes those earnings from the pool of assets that may be liquidated and distributed to creditors. Allowing a terminated Chapter 13 trustee to disburse the very same earnings to the very same creditors is incompatible with that statutory design. The trustee argued that two Chapter 13 provisions required a terminated Chapter 13 trustee to distribute funds to creditors. The first, § 1327(a), provides that a confirmed Chapter 13 plan “bind[s] the debtor and each creditor.” The second, § 1326(a)(2), instructs a trustee to distribute “payment[s] in accordance with the plan.” The Supreme Court held that the cited provisions had no force because they ceased to apply when the case was converted to Chapter 7.

The trustee alternatively urged that a terminated chapter 13 trustee’s “duty” to distribute funds to creditors is a facet of the trustee’s obligation to “wind up” the affairs of the Chapter 13 estate following conversion. However, the Court held that continuing to distribute funds to creditors pursuant to the defunct Chapter 13 plan is not an authorized “wind-up” task.

Finally, the Court ruled that Fifth Circuit's concern that returning undisbursed funds to a debtor consisted of a potential “windfall” was misplaced. These funds constituted post-petition earnings that a debtor had volunteered to pay into a Chapter 13 plan, and thus they would have been beyond the reach of creditors had the debtor filed a Chapter 7 plan to begin with.

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15. Gregory A. Ladieu Ch 13 # 14-10551 D. Lynch (Debtor); 06/01/15 W. Fewell (Creditor)

MEMORANDUM OF DECISION WITH ORDER DENYING CREDITOR’S MOTION TO DISMISS, OVERRULING CREDITOR’S OBJECTION TO CONFIRMATION,

AND DIRECTING DEBTOR TO FILE MONTHLY STATEMENTS RE SCOPE OF BAD FAITH FOR OBJECTION TO CONFIRMATION AND AS BASIS FOR DISMISSAL

Rentrak Corporation ("Rentrak") filed a motion to dismiss the case and an objection to the confirmation of the Debtor’s plan. Rentrak argued dismissal of the case was warranted under 11 U.S.C. § 1307(c) because of the Debtor's bad faith. Rentrak also objected to the confirmation of the plan on the basis that the Debtor’s plan was not proposed in good faith as required under 11 U.S.C. § 1325(a)(3), and that the Debtor's plan was not feasible under 11 U.S.C. § 1325(a)(6). The Court denied Rentrak's motion to dismiss and objection to confirmation of the plan. Section 1307(c) permits the Court to dismiss or convert a case under Chapter 13 “for cause.” Although bad faith is not among the examples of cause listed in § 1307(c), courts have held that cause includes bad faith. Rentrak asserted three grounds to support a finding of bad faith by the Debtor: (1) the Debtor's reason for filing chapter 13 was to discharge Rentrak's debt, which the Court had previously

held was excepted from discharge in the Debtor’s prior chapter 7 case, using chapter 13’s “super-discharge;”

(2) the Debtor incurred unnecessary pre-petition expenses, which diluted the bankruptcy estate and diminished the potential distribution to unsecured creditors; and

(3) the Debtor misrepresented his finances by concealing income and inflating expenses to avoid paying creditors.

The Court held that the Debtor's use of Chapter 13 as a mechanism to discharge Rentrak's debt did not warrant a finding that the Debtor filed his case in bad faith. Case law has consistently held that a Debtor’s decision to utilize the super-discharge was not per se indication of bad faith, and Rentrak failed to demonstrate any particular ill motive, malicious intent, or special circumstance particular to the Debtor’s utilization of the super-discharge here. Next, the Court held the Debtor’s pre-petition expenses, particularly the Debtor's extraordinary pre-petition $6,800 family trip to Disney World, did not evidence a larger pattern of conduct indicating a lack of concern for unsecured creditors, profligate and reckless spending, or a deliberate attempt to incur debt in anticipation of a discharge in bankruptcy. The Debtor and his spouse began saving for the trip almost three years before the filing, and the Debtor believed the family finances could support the expenditure when he began making installment payments on the trip. The Court then addressed Rentrak’s third basis for dismissal - ten instances in which the Debtor allegedly misrepresented his finances. Of the ten instances, the Court concluded that many were either simple and relatively harmless errors or not supported by the facts. In addition, Debtor’s counsel claimed responsibility for several errors or misstatements in the plan and schedules. The two most troubling allegations concerned the Debtor’s spouse’s income and expenses. The Debtor’s original Schedule J included an expense entry of $400 for his spouse’s student loans, which was not actually due at the time the Debtor filed his petition. Additionally, the Debtor failed to accurately reflect his spouse’s income. However, the Court was persuaded that both alleged misrepresentations were the product of honest error. The Debtor testified to a chaotic family life and work schedule. His spouse had limited information regarding her student loan obligations, and the Debtor based the family’s presumed student loan expenses on that information. Post-petition, when the Debtor’s spouse learned her student loan repayment obligations would not begin immediately, the Debtor amended his plan to make up payments for the interim period. As to the Debtor’s spouse’s income, the evidence did not demonstrate the Debtor was aware his spouse had obtained employment at the time he filed his petition, and computation of the Debtor’s spouse’s income was complicated

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by her fluctuating self-employment and sporadic employment as a substitute teacher. Ultimately, the Court determined the evidence demonstrated that, although the Debtor’s level of care in preparing his schedules, plan, and amended schedules and plan may have fallen short of the expected level of care, it did not establish bad faith. Nor did the Debtor’s amendments to his schedules and plan serve as an admission of the Debtor’s prior wrongdoing. Although the curative amendments raised the legitimate question of whether the Debtor would have amended his schedules and increased the dividend to unsecured creditors absent Rentrak’s objections, the procedural history of the case did not reflect excessive amendments or a concerted effort to deceive the Court or creditors.

The Court also found the Debtor’s plan had been filed in good faith. The plan devoted all of the Debtor’s disposable income to repayment of creditors, and exceeded the Debtor’s repayment obligations under the Code. The Debtor credibly testified he understood the need for his plan to be fair to all parties involved, and he indicated he believed his schedules fully and accurately disclosed his assets, income, expenses, and debt.

The Court likewise overruled Rentrak’s feasibility objection. The objections Rentrak raised were speculative and based on potential future changes in the Debtor’s financial circumstances, while the Debtor’s current budget indicated sufficient disposable income to fund the plan. The mere possibility that the Debtor and his family could suffer a future financial calamity which could interfere with his ability to meet his monthly expenses was insufficient to justify a finding the plan was not feasible.

The Court’s decision is currently on appeal before the District Court (C.J. Reiss).

16. Kamberleigh Johnston 536 B.R. 576 Pro Se Appellant; v. Marjorie W. Johnston, 8/27/15 K. Walls (Johnston / Appellee); Ocwen Loan Servicing, LLC, S. Gullon (Ocwen / Appellee); Wells Fargo Bank, N.A., and G. Rees (Wells Fargo / Appellee) Jan M. Sensenich

OPINION AND ORDER DENYING MOTION FOR EXTENSION OF TIME TO PERFECT RECORD AND FILE BRIEF BASED UPON PRO SE EXCUSABLE NEGLECT

AND/OR MOTION TO STAY CASE PENDING RESOLUTION OF VERMONT SUPREME COURT AND RUTLAND SUPERIOR COURT PROBATE REVIEW

After filing for Chapter 13 bankruptcy relief, Marjorie Johnston (the "Debtor") filed a notice of

voluntary dismissal due to the need to care for an ill family member. Wells Fargo objected to dismissal, arguing that the Debtor had not filed her case in good faith, as demonstrated by her alleged practice of filing Chapter 13 cases to avoid foreclosure sales. It also asked the Bankruptcy Court to impose a one-year bar on the Debtor's right to file subsequent bankruptcies if the case was dismissed. Shortly thereafter, the Debtor's son (the “Appellant”) also objected to dismissal. He requested the Bankruptcy Court to compel the Debtor to proceed with her case and that any dismissal be deferred until all other issues involving the Debtor’s creditors were resolved. Wells Fargo objected to Appellant's opposition, arguing it was not timely filed and the Appellant lacked basis to oppose the Debtor's motion for dismissal.

The Bankruptcy Court considered the parties’ positions and found the Debtor had not acted in bad faith in seeking dismissal of the case, and therefore, had an absolute right to immediate dismissal of her case. It also found no basis in law to compel the Debtor to remain in Chapter 13. Therefore, the Court overruled Appellant's objection to dismissal, denied Wells Fargo's request for a one-year filing bar, and granted the Debtor's motion to dismiss.

The Appellant moved for reconsideration of the Bankruptcy Court's order, arguing that Wells Fargo had acted in bad faith, and requested two types of relief: (1) that Well Fargo's opposition to dismissal be stricken from the record because there was no support for a

one-year filing bar, and (2) that Wells Fargo provide an accounting of billable hours .

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The Bankruptcy Court denied the Appellant’s motion, finding that he had failed to show cause for modification or vacatur of its determinations with respect to allegations of bad faith and the Debtor's right for dismissal.

The Appellant then filed a motion to vacate the Bankruptcy Court's order denying his motion for reconsideration, requested an evidentiary hearing, and filed a request for permission to file an interlocutory appeal. The Bankruptcy Court denied Appellant's motion to vacate because Appellant raised the same arguments as he did in his objection to dismissal and motion for reconsideration. The Bankruptcy Court also denied as moot the request to file an interlocutory appeal because its order dismissing the Debtor's case was a final order under 28 U.S.C. § 158(a)(1).

However, the Bankruptcy Court granted Appellant an extension of time to file a notice of appeal, finding that Appellant, a pro se party, had demonstrated excusable neglect for the untimely filing of a notice of appeal.

On appeal, Appellant failed to file his memorandum of law within thirty days, as required under Rule 8018 of the Federal Rules of Bankruptcy Procedure. The District Court issued an Order directing the Appellant to show cause why the pending appeal should not be dismissed based upon his failure to comply with the filing requirements. In response, the Appellant moved for a sixty-day extension to file his memorandum of law, based upon his self-represented status. The District Court granted the motion, establishing a firm August 24, 2015 deadline for Appellant to comply with the Order. The District Court also ordered that "further extensions are unlikely absent compelling circumstances" and that "the parties are expected to address the issue of Appellant's standing to bring this appeal."

On August 24, 2015, Appellant filed another motion for an extension of time to file his brief or for a stay of the appeal. Appellant asserted his first sixty-day extension was insufficient since he was self-represented and that state court cases regarding Debtor's properties must be resolved before he could pursue the bankruptcy matter on appeal.

The District Court denied the Appellant's request for an extension of time to file his memorandum of law. First, it reasoned the Bankruptcy Court properly dismissed Debtor's chapter 13 case after determining the Debtor had acted in good faith under In re Barbieri, 199 F.3d 616, 619 (2d Cir. 1999). Contrary to Appellant's assertion that a debtor's right to dismissal is not absolute, the Second Circuit has unequivocally held that "a debtor has an absolute right to dismiss a Chapter 13 petition under § 1307(b), subject only to the limitation explicitly stated in that provision." See id. The District Court bolstered this determination by distinguishing the instant case from Marrama v. Citizens Bank of Massachusetts, 549 U.S. 365 (2007), which addressed a debtor's right to convert from Chapter 7 to Chapter 13. Second, the District Court reasoned that granting Appellant's request for an indefinite extension or stay would prejudice the Debtor and other creditors. On these two bases, the District Court found the Appellant had failed to meet his burden for an extension of time and had failed to demonstrate the relevant circumstances to establish excusable neglect for failure to timely file the memorandum of law.

The District Court also denied the Appellant's request for a stay of appeal. The Appellant sought a stay against all creditors in the Chapter 13 case that could take steps which would have a negative impact on the estate, but he offered no explanation of why such relief was necessary. The Appellant also sought a stay until the related state court cases were completed due to overlapping jurisdictional issues, but the District Court found no such overlap since the instant appeal turned exclusively on issues of federal law.

The District Court determined that the Appellant had no standing to appeal from the Bankruptcy Court’s ruling. In doing so, the District Court relied on the general rule: “in order to have standing to appeal from a bankruptcy court ruling, an appellant must be a person aggrieved – a person directly and adversely affected pecuniarily by the challenged order of the bankruptcy court.” In re DBSD N. Am., Inc., 634 F.3d 79, 88-89 (2d Cir. 2011). The Bankruptcy Court’s dismissal order did not directly, adversely, or pecuniarily affect the Appellant as nothing in the Bankruptcy Court’s order directed any relief against Appellant. Furthermore, the District Court found that the issues raised on appeal - Wells Fargo’s alleged bad faith filings and the Bankruptcy Court’s failure to consider pending state court cases – lacked merit since the Appellant failed to establish standing and the Bankruptcy Court’s order did not directly or financially affect the Appellant.

Lastly, the District Court dismissed the Appellant’s appeal because dismissal was “appropriate in the circumstances.” See In re Tampa Chain Co., 835 F.2d 54, 55 (2d Cir. 1987). First, the District Court reasoned

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that it had given Appellant more than ample opportunity to rectify his delay by providing clear notice of the potential for dismissal, an opportunity to explain his non-compliance with the Federal Rules of Bankruptcy Procedure, and a sixty-day extension to file his memorandum of law. Second, the District Court determined that parties would likely be prejudiced if they were required to file responsive memoranda to an appeal that appeared to lack both standing and merit. Third, dismissal was warranted to control the court’s dockets and prevent delay in the appeal; further proceedings would not cure Appellant’s lack of standing or alter the Bankruptcy Court’s proper dismissal, and any continuation of the appeal would prejudice the Debtor and her creditors.

17. Edward Higley ch 13 #14-10339 D. Hayes (Debtor); 10/9/15 A. Robasson (GECC)

MEMORANDUM OF DECISION WITH ORDER ON CONTESTED MATTERS REGARDING SURRENDER OF COLLATERAL, OBJECTIONS TO CONFIRMATION, AND ALLOWANCE OF CLAIM

RE DEBTOR’S ABSOLUTE RIGHT TO DISMISS CH 13 CASE IN ABSENCE OF BAD FAITH

Prior to filing bankruptcy, the Debtor owned several trucks and trailers that he used in his business. General Electric Capital Corporation (the “Creditor”) had a security interest in eleven pieces of collateral, one of which was a truck that went missing post-petition (the “Missing Trailer”). The Court had granted the Creditor’s motion for relief from stay, but when the Creditor’s agents arrived to repossess the collateral, they were unable to find the Missing Trailer. Further complicating the issue was the fact that the Debtor did not recall seeing the Missing Trailer or remember its whereabouts, in part due to a medical condition which caused him significant gaps in memory. The loss of the Missing Trailer gave rise to three related contested matters: (1) whether the Debtor surrendered the Missing Trailer, (2) whether the Debtor’s proposed treatment of the Creditor’s claim in his Chapter 13 plan satisfied the

criteria for confirmation, and (3) whether the portion of the Creditor’s claim secured by the Missing Trailer was properly classified as an

unsecured claim in the bankruptcy case. Turning first to the issue of whether the Missing Trailer was surrendered, the Court looked to the definition of the word “surrender” and relied on case law to determine that surrender, at the very least, required the debtor to make the collateral “available to” the secured creditor. See In re White, 487 F.3d 199, 205 (4th Cir. 2007); In re Pratt, 462 F.3d 14, 18-19 (1st Cir. 2006). After holding an evidentiary hearing, the Court found: (i) neither the Debtor nor the Creditor had, or knew the whereabouts of, the Missing Trailer, (ii) the Missing Trailer went missing sometime between Nov. 15, 2014 and Jan. 15, 2015, and (3) the Debtor neither made the Missing Trailer available to the Creditor nor intentionally caused it to be

unavailable to the Creditor. The Court determined that the Debtor did not surrender the Missing Trailer, because he failed to meet his burden of proof, by a preponderance of the evidence, that he made the collateral available to the Creditor. This constituted a failure to satisfy the requirements for confirmation under 11 U.S.C. § 1325. The record was unequivocal that the Debtor did not know when he last saw the Missing Trailer, how, when, or by what means it left his property, and could not state with any certainty that he did in fact make it available to the Creditor to repossess. The Court sustained the Creditor’s first objection to the Debtor’s plan on the ground that it failed to treat the Creditor’s secured claim in accordance with 11 U.SC. § 1325(a)(5), because it already determined that the Missing Trailer was not surrendered. However, the Court overruled the Creditor’s second objection, which argued that Debtor did not file his plan in good faith, because the Court credited the Debtor’s testimony given at the evidentiary hearing.

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The Court declined to rule on whether the portion of the Creditor’s claim secured by the Missing Trailer is an unsecured claim, since a creditor’s proof of claim must be treated as prima facie valid unless and until a party in interest files a successful objection to the claim. Ultimately, the parties settled this question without further hearing.

VIII. Chapter 11 Issues

18. City of Concord, N.H. 795 F.3d 343 (2d Cir. 2015)

v. Northern New England August 4, 2015 Telephone Operations LLC

OPINION OF THE U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT

RE PRE-PETITION PROPERTY TAX LIENS EXTINGUISHED BY CONFIRMED PLAN WHEN POC NOT FILED

Northern New England Telephone Operations LLC (the “Debtor”) filed a Chapter 11 petition in 2009, in the Southern District of N.Y. The Bankruptcy Court confirmed a reorganization plan in 2011. The Debtor owned several parcels of real property in Concord, N.H. and owed the City of Concord (the “Creditor”) property taxes, which were billed every quarter. The Creditor filed proofs of claim for the first two quarters of 2009 but failed to do so for the third and fourth. The Creditor did, however, send the tax bills to the Debtor. In 2013, more than two years after the confirmation of the plan, the Creditor moved the Bankruptcy Court to formally allow the tax claims and order payment, arguing that the tax claim was secured by a lien and that such lien was not discharged by the plan. The Debtor opposed the motion, contending that the lien was extinguished upon confirmation of its plan. The Bankruptcy Court denied the Creditor’s motion, interpreting the plan provision that “all property” of the Debtor were to be free and clear of creditors’ interests to mean that the tax lien on Debtor’s property was extinguished. The District Court affirmed. Notwithstanding the general rule that liens pass through bankruptcy unaffected, the Second Circuit looked to a caveat provided by 11 U.S.C. § 1141(c):

[A]fter confirmation of a plan, the property dealt with by the plan is free and clear of all claims and interests of creditors, equity security holders, and of general partners in the debtor.

Although § 1141(c) does not explicitly reference the extinguishment of liens, the Circuit Court interpreted the phrase “interest of creditors” to include liens. Relying on the plain language of the statute, relevant case law, and the equitable character of bankruptcy relief, the Circuit Court determined that a reorganization plan extinguishes a lien pursuant to § 1141(c) only if four conditions are satisfied: (1) the text of the plan does not preserve the lien, (2) the plan is confirmed, (3) the property subject to the lien is “dealt with” under the terms of the plan, and (4) the lienholder has participated in the bankruptcy proceedings. In support of its position that its lien was not extinguished by confirmation of the plan, the Creditor disputed the satisfaction of the latter two requirements; it asserted that the text of the plan did not sufficiently deal with the property subject to the lien, and that the Creditor as lienholder did not sufficiently participate in the bankruptcy proceedings

The Circuit Court found the Creditor’s position on these two criteria to be unavailing and ruled the disputed conditions were met because: (a) a plain reading of the plan provision for “all property” included the parcels of real property that were

subject to the Creditor’s lien, and, contrary to the Creditor’s assertion, there was no requirement that a reorganization plan must list each specific property in order to have “dealt with” it; and

(b) the Creditor, by filing several proofs of claim relating to the same real property at issue, was sufficiently involved in the bankruptcy proceedings.

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The Circuit Court also rejected the Creditor’s alternative argument that its lien could be saved by operation of § 506(d)(2) because § 1141(c) was a complement to § 506(d)(2) and its satisfaction rendered § 506(d)(2) inapplicable. The Circuit Court declined to decide whether equitable principles could rescue a lien that would otherwise be extinguished by a plan.

Lastly, the Circuit Court held the Bankruptcy Court did not abuse its discretion by refusing to allow the Creditor to file necessary proofs of claim to save its lien more than two years after confirmation. See Midland Cogeneration Venture Ltd. v. Enron Corp. (In re Enron Corp.), 419 F.3d 115, 124 (2d Cir. 2005).

19. Mark F. L. Silverstein ch 11 # 08-10625 T. Taylor (Debtor)

06/18/15

ORDER DIRECTING DEBTOR TO FILE AFFIDAVIT AS CONDITION FOR ENTRY OF DISCHARGE AND FINAL DECREE

RE REQUIREMENTS FOR ENTRY OF A DISCHARGE IN AN INDIVIDUAL CHAPTER 11 CASE

The Court conducted a hearing on a motion filed by Mark F. L. Silverstein (the "Debtor") for entry of a final decree and approval of the Debtor’s report of consummation of Chapter 11 plan. Based on the Debtor’s representations at that hearing and the record before the Court, the Court entered an order on that same date approving the Debtor's report of consummation. The Debtor could receive a discharge once he complied with applicable bankruptcy law. However, the pertinent statute requires:

(5) In a case in which the debtor is an individual— (C) the court may grant a discharge if, after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge, the court finds that there is no reasonable cause to believe that— (i) section 522 (q)(1) may be applicable to the debtor; and (ii) there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522 (q)(1)(A) or liable for a debt of the kind described in section 522 (q)(1)(B);

11 U.S.C. § 1141(d)(5)(C). Therefore, the Court ordered the Debtor to file an affidavit addressing the discharge requirements described in §§ 1141(d)(5)(C)(i) and (ii). Upon determining the affidavit was sufficient, the Court entered an order granting the discharge.

IX. Issues Pertaining to Professionals in Bankruptcy Cases

20. Baker Botts LLP v. Asarco 135 S. Ct. 2158 June 15, 2015

OPINION OF THE U.S. SUPREME COURT

RE DISALLOWANCE OF FEES INCURRED DEFENDING APPLICATION FOR COMPENSATION

ASARCO LLC hired petitioner law firms pursuant to 11 U.S.C. § 327(a) to assist it in carrying out its duties as a Chapter 11 debtor in possession. When ASARCO emerged from bankruptcy, the law firms filed fee applications under 11 U.S.C. § 330(a)(1). That section permits bankruptcy courts to "award ... reasonable compensation for actual, necessary services rendered by" § 327(a) professionals. ASARCO challenged the applications, but the Bankruptcy Court overruled ASARCO's objections and awarded the law firms fees of $117,613,158.44 (including $263,994.74 in additional unpaid fees incurred and $4,161,708.96 as an enhancement for dealing with rare and extraordinary circumstances) plus $6,046,135.06 for time spent defending its fee applications against ASARCO’s objections. ASARCO appealed to the District Court, which

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affirmed and held the law firms could be awarded fees for defending their fee applications. The Fifth Circuit reversed, holding that § 330(a)(1) did not authorize fee awards for defense of fee applications. The Supreme Court affirmed the Fifth Circuit, holding § 330(a)(1) does not permit bankruptcy courts to award fees to § 327(a) professionals for time and effort spent defending fee applications. The Supreme Court pointed out that under the American Rule, "[e]ach litigant pays his own attorney's fees, win or lose, unless a statute or contract provides otherwise." Hardt v. Reliance Standard Life Ins. Co., 560 U. S. 242, 252–253 (2010). Departures from the American Rule have been recognized only in "specific and explicit provisions," Alyeska Pipeline Service Co. v. Wilderness Society, 421 U. S. 240, 260 (1975), usually containing language that authorizes the award of "a reasonable attorney's fee." It held Congress did not depart from the American Rule in § 330(a)(1) for fee-defense litigation. The phrase "reasonable compensation for services rendered" necessarily implies loyal and disinterested service in the interest of a client, Woods v. City Nat. Bank & Trust Co. of Chicago, 312 U. S. 262, 268 (1941). The Court rejected arguments that this ruling would encourage frivolous objections, indicating Rule 9011 would address those.

The Court concluded the controlling statute (§ 330) clearly limited compensable services to those that were likely to benefit the debtor’s estate, and time spent litigating a fee application cannot be fairly described to be of benefit to the estate. X. Adversary Proceedings and Procedural Issues Generally

21. Estate of Wayne Wilder v. ch 7 # 14-10445, J. Emens-Butler (Plaintiff);

Jennie Card AP # 15-1001 N. Killoran (Defendant / Debtor) 05/14/15

MEMORANDUM OF DECISION WITH ORDER GRANTING IN PART, AND DENYING IN PART, DEFENDANT'S MOTION TO DISMISS

RE THE CRITERIA FOR PREVAILING ON A MOTION TO DISMISS

Jennie Card and her ex-husband, Mr. Wilder, obtained a divorce decree (the “Divorce Decree”). The Divorce Decree gave Ms. Card two options for satisfying her obligations to Mr. Wilder with respect to the former marital real property: Ms. Card could pay her ex-husband a sum certain within 6 months of entry of the decree, or Ms. Card could sell the property. Under the first option (the "Payment Option"), Ms. Card could pay Mr. Wilder $54,494 within six months, and his rights to the property would terminate upon receipt of those funds. Under the second option (the "Sale Option"), Ms. Card would sell the property and pay Mr. Wilder one-third of the net proceeds. Under that scenario, Mr. Wilder's rights to the property would terminate upon receipt of one-third of the net proceeds. Additionally, the Divorce Decree directed Ms. Card to grant Mr. Wilder a mortgage to the property in order to protect his interest in the interim. Shortly after the Divorce Decree was entered, Mr. Wilder passed away. Subsequently, Ms. Card (the "Debtor") filed for bankruptcy relief on January 13, 2015. As of that date, she had not fulfilled her obligations under either option, and she had not granted Mr. Wilder or his probate estate a mortgage. Mr. Wilder’s probate estate (the “Estate”) filed a complaint based on five counts, seeking three types of relief: (1) the imposition of either an equitable lien or a constructive trust in its favor, in the amount of $54,494; (2) a denial of the Debtor's claim of a homestead exemption with respect to the portion of the property in which

the Estate held an interest; and (3) a determination that its claim arising from the Divorce Decree was excepted from discharge under either §

523(a)(15) or § 523(a)(4) of the Bankruptcy Code Instead of filing an answer to the complaint, the Debtor filed a motion to dismiss it. Rather than address each count separately, the Debtor's motion to dismiss has two broad branches of argument. The first branch sought to limit the scope of relief the Wilder Estate sought across all five counts of the complaint, and the second branch addressed the Wilder Estate's objection to the dischargeability arguments.

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The Court denied both of the Debtor’s arguments. First, the Court found that although the scope of recovery the Plaintiff sought in each count was circumscribed by the Court's finding that the Payment Option had expired, that was not fatal to any individual claim for relief in the complaint. Therefore, the motion was denied to the extent it sought dismissal of any cause of action simply because such relief was not available under the Payment Option. The Court then examined the various dischargeability arguments. First, it found the complaint’s assertion that the one-third share of the net sale proceeds payable to the Estate was excepted from discharge under § 523(a)(15) was not implausible. The Debtor asserted that this portion of the complaint should be dismissed because § 523(a)(15) relief was only available to a spouse or former spouse, and here, it was the estate of a former spouse seeking the relief. This raised a question of first impression in this District, and the only two cases the parties presented for the Court’s consideration were very limited and not binding on this Court. The Court determined because, as a general rule, dismissal of novel or underdeveloped legal arguments was disfavored, the Court could not conclude the complaint failed to state a plausible claim on which relief could be granted without further briefing. The Court also found unavailing the Debtor's assertion that dismissal was appropriate because her failure to give Mr. Wilder or the Estate a mortgage could not give rise to relief under § 523(a)(4). The Debtor argued that if the Court granted the Estate a constructive trust in the property, the property would no longer be property of the bankruptcy estate and therefore not subject to the Court's jurisdiction. However, the Court found that the Debtor conflated property with debt in this argument: the Court has the authority to determine the dischargeability of a debt, even if that debt relates to property which is not part of the bankruptcy estate. Therefore, this aspect of the motion to dismiss was denied.

The Debtor also argued the complaint failed to assert facts showing she had committed fraud or defalcation in a fiduciary capacity as required for relief under § 523(a)(4). However, the Divorce Decree directed the parties to execute necessary documents and to convey title to the real estate. At a minimum, the complaint alleged the Debtor failed to comply with that directive, which could plausibly give rise to a cause of action under § 523(a)(4), and that was sufficient to defeat the motion to dismiss on that claim.

However, the Court did grant the motion to dismiss with respect to the plea for relief based upon the Debtor’s claim of a homestead exemption. The Court found the Debtor’s claim of a homestead exemption in the property could not independently support a § 523(a)(4) action.

In sum, the Court granted the Debtor’s motion to dismiss in two regards: (1) to the extent the motion sought dismissal of any prayer for relief which relied upon the Debtor’s alleged failure to comply with the Payment Option, because the Court declared that Option had expired; and (2) as to the claim set forth based on the Debtor’s alleged fiduciary fraud or defalcation arising from the Debtor's claim of a homestead exemption in the Property. The Court denied the motion to dismiss in all other regards, and it found the Plaintiff had sufficiently pled facts giving rise to a plausible claim for relief with respect to all counts flowing from either the Sale Option or the Mortgage Provision in the Divorce Decree.

A few months after entry of this Order denying the motion to dismiss, the parties settled the matter.

22. Andrea Kontrovitz Shader ch 7 # 10-10480 pro se (Appellant)

v. Brattleboro Savings & Loan Association, 12/12/14 Dunn (Appellees) and River Valley Credit Union

OPINION AND ORDER OF THE U.S. DISTRICT COURT AFFIRMING IN PART, REVERSING AND REMANDING IN PART,

THE BANKRUPTCY COURT'S JULY 1, 2014 ORDER DISMISSING APPELLANT'S CASE WITH PREJUDICE

Andrea Kontrovitz Shader (the "Debtor") received a bankruptcy discharge and subsequently moved to reopen her bankruptcy case, alleging Brattleboro Savings & Loan Association ("BSL") and River Valley Credit Union ("RVCU") (collectively, the "Banks"), violated the automatic stay and discharge injunction. The

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Bankruptcy Court held a hearing to determine whether to reopen the bankruptcy case. Thereafter, the Bankruptcy Court entered a scheduling order directing the Banks to submit collection files, directing the Debtor to file a supplemental motion, and continuing the hearing. After the continued hearing, the Bankruptcy Court ordered the Debtor's bankruptcy case be reopened to “afford the Debtor an opportunity to prove her claims for damages arising from alleged violations of the automatic stay and discharge injunction.” The Order provided the automatic stay would not be reimposed, and BSL was able to continue with its state foreclosure action. The Debtor filed a motion to reconsider the Order not reimposing the stay, arguing the stay was necessary to protect her interests and the Banks failed to show good cause why it should not be imposed.

The Bankruptcy Court declined to reconsider the Order because: (i) the Debtor’s motion to reopen asked solely to have the case reopened so the Debtor could pursue stay

violation damages against two banks, and did not ask for a stay of the related foreclosure action, (ii) the Debtor never objected to BSL’s request that if the case was reopened the stay not be imposed as to

its state court foreclosure action, (iii) the Debtor did not present any new facts or demonstrate any error of law in the decision she sought to

have reconsidered, and (iv) the Debtor failed to show that she made a mistake, or was precluded from raising an argument in

opposition to Brattleboro Savings’ request, based upon her pro se status. The Bankruptcy Court scheduled a trial on Debtor’s damages for July 1, 2014. The Debtor hired a forensic psychologist, Gladys Frankel, Ph.D., to evaluate the impact of the Banks’ alleged violations of the automatic stay and discharge injunction on her mental health. On June 2, 2014, the Debtor disclosed Dr. Frankel as an expert witness to the Banks via email. On June 5, 2014, BSL moved to shorten the response period for interrogatories to twenty days. On June 6, 2014, without awaiting a response from the Debtor, the Bankruptcy Court granted BSL’s motion because the Debtor’s notice of an expert witness was less than a month before the trial date. The Bankruptcy Court imposed the same deadlines for any discovery requests by River Valley, and the Debtor did not oppose the shortened deadlines. On June 26, 2014, the Debtor filed a motion to disqualify RVCU’s counsel, alleging that there was a conflict of interest based on Debtor’s consultation with him regarding Debtor’s divorce, mortgages, and an individual who falsely claimed Debtor owed him money. Although RVCU’s counsel contested the existence of a conflict of interest, on June 30, 2014, one day before the trial date, he filed a motion to withdraw and requested BSL’s counsel take his place. The Bankruptcy Court granted the motion to withdraw and allowed BSL’s counsel to represent both Banks. On June 30, 2014, the Debtor produced a report from Dr. Frankel, which opined that the Debtor experienced emotional consequences as a result of the ongoing harassment she experienced. The Banks moved for sanctions on the same day, asking the Bankruptcy Court to exclude any testimony from Dr. Frankel at trial. On the day of the trial, the Debtor moved for a continuance because her witness, Dr. Frankel, was not available and was essential to her case. The Debtor attached an undated letter indicating her unavailability due to pre-arranged scheduling. The Banks objected to a continuance because they thought the reasons were insufficient, and the Debtor’s request for a continuance was made too close to the commencement of trial. The Bankruptcy Court denied the continuance because the Debtor had notice of the hearing as of April 15, 2014 and the Bankruptcy Court had already shortened the Debtor’s time to respond to the Banks’ discovery requests to twenty days. The Debtor then moved to dismiss the case because she was not confident proceeding with the matter without the benefit of Dr. Frankel’s testimony. The Banks did not object, as long the dismissal was with prejudice. The Bankruptcy Court explained what it meant to dismiss a case with prejudice and gave the Debtor the opportunity to take two ten-minute recesses to consider its implications. The Debtor took one recess and then stated that she was comfortable to proceed with dismissing the case with prejudice. Thereafter, the Debtor filed an appeal of the dismissal order.

The Debtor raised five issues on appeal to the District Court: (1) whether the Bankruptcy Court erred in refusing to reinstate the automatic stay after the Bankruptcy

Court told the Debtor reopening the case "in and of itself will reinstate the stay;"

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(2) whether the Bankruptcy Court erred by shortening the Debtor's response time for the Banks' discovery requests;

(3) whether the Bankruptcy Court erred by allowing Attorney Dunn to represent both creditors; (4) whether the Bankruptcy Court abused its discretion in denying the Debtor's motion to continue the trial;

and (5) whether the Bankruptcy Court erred by dismissing the Debtor's case with prejudice rather than without

prejudice. First, the District Court determined the Bankruptcy Court did not abuse its discretion in its April 9, 2014 Order, denying the Debtor's motion to reconsider the March 27, 2014 Order. Reconsideration would not have altered the fact there is no automatic reinstatement of the automatic stay after the reopening of a closed bankruptcy case. Next the Court found the Bankruptcy Court did not abuse its discretion in shortening the discovery response period without awaiting the Debtor's response pursuant to Fed. R. Bankr. P. 9006(c)(l). The Court determined the Bankruptcy Court acted within its discretion in allowing BSL’s counsel to represent both Banks. However, the District Court found the Bankruptcy Court's denial of a continuance appeared to be arbitrary and unduly prejudicial. The District Court determined that the Bankruptcy Court did not consider whether the Debtor's witness was an essential witness, whether Dr. Frankel's testimony was available in another form, and whether the Bank's witnesses' testimony on the scheduled hearing dates would have cured any prejudice to them if Dr. Frankel testimony was presented on a different date. Although the Debtor made the request for a continuance at the last possible minute, there was no evidence she acted in bad faith. The Bankruptcy Court failed to consider the prejudice to the Debtor, considering only the prejudice to the Banks in denying the continuance. It also erred in failing to consider whether a lesser sanction was available. Finally, the District Court concluded the Bankruptcy Court's decision to dismiss the case with prejudice, without considering the applicable law and affording the Debtor a meaningful opportunity to oppose that outcome, was an abuse of discretion. The District Court considered two lines of authority in determining whether dismissal without prejudice might be improper. Under the first line of authority, dismissal without prejudice would be improper “if the defendant would suffer some plain legal prejudice other than the mere prospect o a second lawsuit.” would not cause the banks "plain legal prejudice" other than the "mere prospect of a second lawsuit." Kwan v. Schlein, 634 F.3d 224, 230 (2d Cir. 2011). The second line of authority required a consideration of several factors, as established Zagano v. Fordham Univ., 900 F.2d 12, 14 (2d Cir. 1990):

(1) the plaintiff’s diligence in bringing the motion, (2) any undue vexatiousness on the plaintiff’s part, (3) the extent to which the suit has progressed, including the defendant’s efforts and expense in preparation

for trial, (4) the duplicative expense of relitigation, and (5) the adequacy of the plaintiff’s explanation for the need to dismiss.

Applying these factors, the District Court found that most of the factors favored dismissal without prejudice. Under the first factor, the Debtor sought dismissal immediately upon notice that she would be severely hampered in pursuing her claims. Under the second factor, in light of Debtor's self-represented status, it would be unfair to characterize her conduct as "unduly vexatious." Application of the third factor revealed no evidence the Banks incurred an expense that could not have been recovered by permitting them to present their witnesses on the scheduled hearing dates. Under the fourth factor, presumably neither party had yet incurred substantial expenses. Relitigation of the merits of the Debtor's claims would therefore not unduly duplicate the expenses of litigation. Finally, under the fifth factor, the Debtor's explanation of the reason she sought dismissal was credible and was supported by a letter from her expert witness. The District Court determined that the Bankruptcy Court should have considered the merits of the Debtor's claims and the prejudice she would suffer from a dismissal with prejudice. It observed that the Debtor had a reasonably strong case with regard to liability. The merits of the Debtor's claims and the prejudice she would suffer if those claims were extinguished weighed in favor of a dismissal without prejudice. As a self-

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represented litigant, the District Court held that the Debtor was entitled to special solicitude and should have been afforded an opportunity to seek legal counsel to address whether a dismissal with prejudice was warranted.

The case was remanded back to the Bankruptcy Court.

23. Andrea Kontrovitz Shader ch 7 # 10-10480 pro se (Appellant); v. Brattleboro Savings & Loan Association, 05/07/15 Dunn (Appellees) and River Valley Credit Union

ORDER ON DEBTOR’S MOTION TO MODIFY SCHEDULING ORDER, AMEND PLEADINGS,

COMPEL DELIVERY OF DOCUMENTS, IMPOSE SANCTIONS, AND COMPEL MEDIATION Before the Court was Debtor's motion to modify the scheduling order, to amend the pleadings to reinstate a cause of action she previously withdrew, to compel two Creditors to deliver certain documents, to have the Court impose sanctions on those Creditors, and to have the Court direct the parties to engage in mediation. The Court denied the Debtor's request to compel the Creditors to provide certain documents and to impose sanctions on the Creditors, because the Debtor had not advised the Creditors she would seek sanctions and had not filed a motion to compel prior to seeking sanctions, all of which violated local and federal rules. See F.R.C.P. 37; Vt. LBR 7026-1(f). In addition, prior to the hearing, the Creditors had provided the Debtor with all outstanding documents and had a sound explanation for why they had not provided the documents to her earlier. Next, the Court denied the Debtor's motion to amend the record to reinstate her claim for damages based upon emotional distress and related physical trauma. The Debtor previously stated a claim for emotional distress, and she withdrew it while represented by counsel. The Court found the Debtor did not set forth a reason why the claim should be reinstated. That the Debtor was now pro se did not relieve the Debtor of the obligation to comply with the law. Moreover, a client is bound by the conduct of his or her attorney. Here, the Debtor did not inadvertently forfeit an important right; she deliberately withdrew her claim on advice of counsel. Reintroducing the claim would broaden the scope of the issues before the Court, increase the amount of discovery, prejudice the opposing parties, and delay the litigation. The Court granted the Debtor's request for an extension of time in which to file a joint stipulated pre-trial statement and stipulations as to witnesses, exhibits, and other matters. However, the Court denied the Debtor's motion for a continuance of the May 29, 2015 trial. Although the Debtor's motion did not conform to the local rules pertaining to the modification of scheduling orders, see Vt. LBR 5071-1, the Court considered the Debtor's motion on the merits. The Court took into account the Debtor’s conduct to date in the contested matter, the prejudice a delay would cause to opposing parties, the Debtor's last-minute postponement of the original trial date, and the Debtor’s experience in representing herself. In weighing the factors, the interest of justice required the trial to proceed and the Court to deny the motion.

Finally, the Court addressed the Debtor's motion for mediation. The Debtor represented she had not previously known that mediation was available and she was now aware of its availability and the Creditors’ willingness to engage in mediation. Based upon those representations, the Court granted the motion to compel mediation and immediately appointed Nicole Killoran as mediator. The matter was settled within a few weeks so the trial was cancelled.

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XI. Discharge and Dischargeability Issues

24. Rentrak Corporation Ch 7 # 14-10041, Pro se (Defendant/Debtor);

v. Michael Anthony Strait AP # 14-1008 W. Fewell (Plaintiff/Rentrak) 02/20/15

MEMORANDUM OF DECISION WITH ORDER GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

RE DEFALCATION IN A FIDUCIARY CAPACITY AND INTENTIONAL & MALICIOUS INJURY TO PROPERTY Beginning in the spring of 2000, Michael Anthony Strait (the "Defendant") had a business relationship with Rentrak Corporation (the "Plaintiff"), whereby the Defendant operated two video stores in Vermont through 2009. As part of the business operations, the Defendant leased DVD units from the Plaintiff and then re-leased and sold the units to consumers. After the Defendant closed the stores, he failed to provide revenue and return the leased-DVD units to the Plaintiff. In 2010, in an Oregon lawsuit, the Plaintiff obtained a judgment against the Defendant in the amount of $204,483.20. The issue before the Court was whether the Plaintiff’s debt would remain enforceable against the Defendant after the entry of discharge, either because the Defendant incurred the debt through defalcation while he was acting as a fiduciary for the Plaintiff, see 11 U.S.C. § 523(a)(4), or because the debt arose as a result of the Defendant’s intentional and malicious injury to the Plaintiff’s property, see § 523(a)(6). The Court first determined the Defendant was entitled to judgment as a matter of law on the Plaintiff’s § 523(a)(4) cause of action. The Plaintiff did not establish the three elements required for a debt to be excepted from discharge under § 523(a)(4). First, the debt must result from a fiduciary's defalcation under an "express or technical trust" involving the entrusting of money or other property to a fiduciary for the benefit of another. Second, the debtor must have acted in a fiduciary capacity with respect to the trust. Third, the transaction in question must be a "defalcation" within the meaning of bankruptcy law. Under the first prong, the Court found Vermont and Oregon law lacked clear guidance as to the elements necessary for creation of an express trust in the context of a commercial transaction. However, the Court turned to the element of the law of each jurisdiction requiring a fiduciary relationship as a necessary component of a trust. As to that element, the undisputed material facts did not demonstrate the parties had a fiduciary relationship. Federal case law was clear that courts will not impose a fiduciary relationship between parties simply because the parties describe their relationship in those terms when the parties’ relationship was actually an ordinary commercial relationship. Here, the agreement appeared to be an ordinary commercial transaction. and the parties’ relationship did not demonstrate any of the indicia of a fiduciary relationship. Therefore, the Court concluded the parties did not have a fiduciary relationship. Because they lacked a fiduciary relationship, the Court also concluded that the parties did not have an express or technical trust.

The Court further determined that the undisputed material facts did not demonstrate the Defendant's behavior to be the kind of "conscious misbehavior" or "misconduct" necessary to support a finding of defalcation. The Defendant's use of business income to pay personal expenses was consistent with the way the Defendant had always done business and was dissimilar to debtors in other cases who had contrived to gain access to business accounts or took business funds with the intention of never getting caught. It did not reach the standard newly articulated by the Supreme Court in Bullock v. Bankchampaign, N.A., 133 S. Ct. 1754 (2013). Accordingly, the Court granted the Defendant’s request for summary judgment as to § 523(a)(4). Next, regarding the § 523(a)(6) cause of action, the Court denied summary judgment to both parties. Although there were sufficient facts for the Court to determine the Defendant committed conversion of the Plaintiff's property, a finding of conversion was not sufficient to except a debt from discharge under § 523(a)(6). For the Plaintiff's debt to have been excepted from discharge, the Defendant's conversion must have

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been both "willful and malicious." The Court determined there were multiple disputed facts concerning the parties' communications between the time the Defendant's store was closed and the time the Plaintiff's property was lost, all of which could potentially bear on whether the Defendant’s conversion was willful and malicious.

Accordingly, on February 20, 2015, the Court denied summary judgment to both parties, and directed the parties to prepare for an evidentiary hearing to resolve the disputed factual issues; trial was set for April 22, 2015. On March 11, 2015, the Plaintiff filed a substitution of party to replace Rentrak Corporation with Vobile, Inc, and on March 25, 2015, the Plaintiff filed a motion to dismiss adversary proceeding. Both motions were granted and the adversary proceeding was therefore closed without trial.

XII. Dismissal

XIII. Jurisdiction

25. Wellness International Network, Ltd. 135 S. Ct. 1932

v. Sharif May 26, 2015

OPINION OF THE U.S. SUPREME COURT RE SUFFICIENCY OF CONSENT FOR BANKRUPTCY COURT JURISDICTION

Wellness International Network Ltd. (“Wellness”) sought to recover $656,000 in attorney’s fees it was awarded in 2008, stemming from litigation with Richard Sharif (“Sharif”) over Sharif’s claims that Wellness, whose health and wellness products he contracted to sell, operated a pyramid scheme. Sharif later filed for Chapter 7 relief in the U.S. Bankruptcy Court for the Northern District of Illinois, without having paid Wellness. Wellness filed an adversary proceeding to ensure that about $5.4 million in assets Sharif claimed he had when applying for a loan in June 2002 would be part of the estate. Sharif asserted the assets actually belonged to the Soad Watter Trust, for which he was a trustee. Wellness countered that the trust actually was his alter ego. The Bankruptcy Court found that Sharif violated a discovery order to provide documentation about the trust and entered a default judgment in favor of Wellness. The U.S. District Court for the Northern District of Illinois affirmed. On appeal before the Seventh Circuit, Sharif argued the Bankruptcy Court was constitutionally prohibited from entering a final decision on Wellness' claim by virtue of the Supreme Court's decision in Stern v. Marshall, 131 S. Ct. 2594 (2011). Under Stern, bankruptcy judges only have authority to settle a disagreement that "stems from the bankruptcy itself." Wellness argued that Sharif waived his Stern argument by failing to present it sooner and, through his conduct, consented to final adjudication by the bankruptcy judge. The Seventh Circuit held that the alter ego claim was a so-called Stern claim and could not be adjudicated by the Article I Bankruptcy Court even with the consent of all parties. The Supreme Court reversed the Seventh Circuit. The majority held that Article III permits bankruptcy judges to adjudicate Stern claims with the parties' knowing and voluntary consent. The right to adjudication before an Article III court is "personal" and therefore "subject to waiver." The cases in which the Supreme Court previously found a violation of a litigant's right to an Article III decision maker involved an objecting defendant who was forced to litigate involuntarily before a non-Article III court. Bankruptcy courts hear matters solely on a district court’s reference, see 28 U.S.C. § 157(a), and possess no free-floating authority to decide claims traditionally heard by Article III courts. See Commodity Futures Trading Comm'n v. Schor, 478 U.S. 833, 854 (1986). “[T]he decision to invoke” the bankruptcy court’s authority “is left entirely to the parties,” id., at 855, and “the power of the federal judiciary to take jurisdiction” remains in place, ibid. There is no indication that Congress gave bankruptcy courts the ability to decide Stern claims in an effort to aggrandize itself or humble the Judiciary. See, e.g., Peretz v. United States, 501 U.S. 923, 937 (1991). Stern turned on the fact that the litigant “did not truly consent to” resolution of the claim against it in a non-Article III forum and thus, did not govern the question whether litigants may validly consent to adjudication by a bankruptcy court.

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The Supreme Court held consent to adjudication by a bankruptcy court need not be express, but must be knowing and voluntary. Neither the Constitution nor the relevant statute—which requires "the consent of all parties to the proceeding" to hear a Stern claim, see 28 U.S.C. § 157(c)(2)—mandates express consent. The Supreme Court reasoned that requiring an express consent would be in great tension with the Court's holding that substantially similar language which authorizes magistrate judges to conduct proceedings “[u]pon consent of the parties”—permits waiver based on “actions rather than words.” Roell v. Withrow, 538 U.S. 580, 589 (2003).

The Supreme Court remanded the case to the Seventh Circuit to decide whether Sharif’s actions evinced the requisite knowing and voluntary consent and whether Sharif forfeited his Stern argument below.

154

Case #Lead

Debtor's Last Name

Debtor's Attorney

Date Motion Seeking

Mortgage Mediation

Filed

Date of Order Granting Mortgage Mediation

Date Mediator Appointed

Mediator

Days from Assignment of

Mediator to Completion of

Mediation

Modification

Achieved?

Date of Ch 12/13

Confirmation Order or Ch 7

Trustee's Final Report

Unique Circumstances / Comments Explaining Status

06-10200 Johnson T. Taylor 8/31/2012 5/23/2013 None Emens-Butler 307 Yes 8/9/2007 TFR Approved Color Key07-10296 Gour R. Rice 9/6/2011 9/26/2011 None Unknown N/A Unknown; CC 7/2/2007 Mediation Closed

07-10357 Kwiatowski D. Lynch 10/24/2011 10/24/2011 None Unknown 443 Yes 4/10/2008 Open cases

07-10430 Carrington R. Rice 8/25/2011 9/29/2011 1/22/2013 (consent)Mayer N/A N/A 8/21/2007 Trustee's Motion to Dismiss granted Awaiting Motion to Close Mediation

07-10766 Hildebrandt R. Rice 9/21/2011 10/14/2011 None Unknown N/A Yes 7/29/2010 Chapter 7 Cases

08-10130 Aunchman R. Rice 10/14/2011 11/10/2011 None Emens-Butler 275 Yes 6/5/2008 TFR Approved Modification achieved

08-10379 Luurtsema R. Rice 8/26/2011 9/26/2011 None Mayer 332 No 8/12/2008 without Motion to Approve

08-10468 Sanborn R. Rice 8/15/2011 8/31/2011 10/18/2011 Emens-Butler 493 Yes 7/1/2008 Loan Modification

08-10500 Bixby R. Rice 12/19/2011 1/13/2012 4/18/2012 Mayer 664 Yes 10/28/2013

08-10511 Perrotta R. Rice 1/26/2012 2/14/2012 4/18/2012 Edwards N/A Unknown; CC 8/12/2008

08-10622 Batchelder R. Rice 2/3/2014 2/18/2014 None Mayer N/A N/A 8/29/2008 Mediation ongoing; status hearing set for 12/4/2015

08-10707 Jennings R. Rice 1/31/2012 2/16/2012 None Mayer N/A Unknown; CC 10/6/2008

08-10726 Knudsen R. Rice 12/8/2011 12/23/2011 None Unknown N/A N/A 9/30/2008 Mediation unsuccessful but Modification thereafter agreed-upon

08-10820 Hoyt T. Taylor 8/14/2012 9/7/2012 None N/A N/A Unknown; CC 12/4/2008

08-10877 Jordan K. Walls 6/21/2012 8/16/2012 8/21/2012 Edwards N/A No 1/7/2009 Bad Faith; Sanctions awarded to D for C's failure to comply

08-10894 Commo T. Taylor 3/11/2014 4/2/2014 None Cooper N/A N/A 12/17/2008 Mediation ongoing; Creditor's Motion to Compel granted

08-10895 Norton R. Rice 11/15/2011 11/30/2011 2/7/2013 Mayer 421 Yes 11/4/2008

08-11064 Pereau R. Rice Not Entered N/A N/A Unknown; CC 3/5/2009

09-10061 Martel R. Rice 6/11/2012 N/A 10/26/2012 Mayer N/A Yes 6/2/2009 Second Mortgage

09-10061 Martel R. Rice 6/11/2012 6/26/2012 10/26/2012 Mayer 174 Yes 6/2/2009 First Mortgage

09-10238 Francis R. Rice 1/17/2012 2/6/2012 10/3/2012 Scholes 370 Yes 7/8/2009

09-10257 Coseo T. Taylor 11/19/2012 12/6/2012 None Unknown 635 Yes 5/14/2009 Motion to Compel Creditor filed, granted

09-10289 Linteau R. Rice 8/16/2011 8/31/2011 None Unknown 90 Yes 12/14/2009

09-10337 Schoen R. Rice 3/26/2012 4/25/2012 5/21/2012 Mayer N/A No 8/25/2009

09-10389 Frobel T. Taylor 10/8/2012 N/A N/A N/A N/A N/A 8/28/2009 Motion withdrawn; D pursuing mediation outside of Bankruptcy.

09-10459 Pitner R. Rice 10/11/2011 10/27/2011 None Unknown 445 Yes 6/22/2009

09-10504 Tomasi R. Rice 8/25/2011 9/12/2011 11/8/2012 Mayer 592 Yes 11/23/2009

09-10559 Dryden R. Rice 12/19/2011 4/16/2012 4/27/2012 Scholes 146 Yes 9/18/2009

09-10744 Myette D. Leahy 6/7/2013 6/7/2013 8/5/2015 Emens-Butler N/A Unknown 2/23/2010 Status hearing set for 2/26/2016

09-10818 Cheeseman T. Taylor 5/16/2012 6/21/2012 None Lang 574 Yes 10/23/2009

09-10904 Perkins R. Rice 12/16/2013 1/2/2014 3/19/2014 Mayer N/A N/A 10/22/2009 Status hearing set for 2/26/2016

09-10917 Auclair T. Taylor 5/22/2015 6/9/2015 9/14/2015 Cooper N/A N/A 1/5/2010 Mediation Ongoing

09-10961 Barkley R. Rice 1/31/2012 2/16/2012 4/18/2012 Emens-Butler 163 No 2/24/2010

09-11118 Carpenter R. Rice 5/11/2012 6/1/2012 6/7/2012 Emens-Butler 811 Yes 11/23/2009

09-11247 Brown R. Rice 8/25/2011 11/10/2011 None Mayer 425 No 8/31/2010

09-11253 Mobbs T. Taylor 11/30/2011 1/6/2012 4/18/2012 Lang 264 Yes 1/10/2014 Mediation unsuccessful but Modification thereafter agreed-upon

09-11279 Knapp R. Rice 6/18/2013 7/3/2013 3/20/2014 Mayer 393 Yes 1/5/2011

09-11382 Steinberg R. Rice 7/3/2013 N/A N/A N/A N/A N/A 2/2/2010 Case dismissed

09-11455 Connor R. Rice 12/8/2011 12/23/2011 1/5/2012 (consent)Emens-Butler 65 Yes 8/12/2010

10-10011 Haseman R. Rice 8/15/2011 11/15/2011 None Emens-Butler 120 No 4/15/2010

10-10049 Gibbs R. Rice 1/2/2013 N/A N/A N/A N/A N/A 3/29/2010 Motion withdrawn

10-10457 Babcock D. Leahy 6/11/2013 7/1/2013 None N/A N/A Yes 8/9/2010 Awaiting Motion to Close Mediation

10-10547 Remington R. Rice 10/1/2012 N/A N/A N/A N/A N/A 7/8/2010 Motion withdrawn, property surrendered

10-10586 Jennings R. Rice 5/9/2013 5/24/2013 None Mayer 314 Yes 5/15/2012

10-10736 Manning R. Rice 12/8/2011 12/23/2011 12/29/2011 (consent)Emens-Butler 382 Yes 8/6/2010

10-10836 Martin T. Taylor 10/22/2013 11/6/2013 12/4/2013 Edwards N/A Yes 8/25/2010

10-10955 Martin T. Taylor 4/13/2012 5/18/2012 6/4/2012 Edwards 120 No 1/12/2011

10-11058 O'Brien T. Taylor 4/27/2011 N/A N/A N/A N/A N/A N/A Dismissed

10-11063 Jodoin T. Taylor 4/27/2011 6/7/2011 2/14/13 (consent) Emens-Butler 61 Yes 1/13/2011 Dismissed

155

10-11100 Sullivan D. Leahy 8/30/2012 8/30/2012 8/30/2012 Edwards N/A Unknown; CC 6/13/2011

10-11262 O'Connor R. Rice 5/21/2014 6/5/2014 6/12/2014 Mayer N/A Yes 12/14/2010

10-11377 Buzzell R. Rice 11/10/2014 12/1/2014 1/29/2015 Emens-Butler N/A Yes 9/28/2011 Awaiting Motion to Close Mediation

10-11451 Lis R. Rice 11/30/2011 12/20/2011 None Unknown 988 Yes 8/31/2011

10-11598 Ward T. Taylor 4/2/2012 N/A N/A N/A N/A N/A 4/20/2011 Motion withdrawn

11-10002 Lawton N. Geise 10/12/2011 10/27/2011 None Unknown 61 Yes 7/11/2011

11-10079 King T. Taylor 9/26/2011 10/7/2011 N/A N/A N/A Yes N/A

11-10429 Chamberlain P. Kulig 1/4/2012 N/A N/A N/A N/A N/A 6/7/2011 No Action on Motion. Case Closed

11-10445 Wiehe R. Rice 2/26/2014 3/17/2014 4/25/2014 Mayer N/A No 9/11/2012

11-10510 White R. Rice 8/10/2011 8/29/2011 9/21/2011 (consent)Emens-Butler 282 Yes N/A Dismissed by Debtors

11-10516 Bearor T. Taylor 5/29/2012 6/21/2012 None Lang 71 No 9/18/2012 Case Converted to Chapter 7; Case Closed

11-10709 Smith R. Rice 12/8/2011 1/18/2012 None Emens-Butler 589 No 2/6/2013 Mediation Terminated, substantial failure to comply by D

11-10729 Harrington R. Rice 9/13/2011 1/18/2012 1/27/2012 (consent)Cooper 54 Yes 9/3/2013

11-10793 LaRose R. Rice 12/8/2011 12/23/2011 1/23/2012 (consent)Mayer 582 Yes 1/26/2012

11-10859 Laplante R. Rice 10/20/2011 11/9/2011 11/23/2011 (consent)Mayer 258 Yes 1/2/2013

11-10891 Galaske R. Rice 10/20/2011 10/9/2012 10/15/2012 Emens-Butler 337 Yes 11/17/2011

11-10935 French R. Rice 1/31/2012 2/17/2012 8/3/2012 Edwards 535 Yes 3/12/2014

11-11008 Wade R. Rice 2/6/2012 2/27/2012 4/18/2012 Scholes 614 Yes 9/9/2013

11-11031 Hollander R. Rice 12/8/2011 12/23/2011 1/24/2012 (consent)Mayer 978 No 3/28/2013

11-11034 Mermelstein R. Rice 1/31/2012 12/16/2012 6/22/2012 Edwards N/A Yes 5/22/2013 First Mortgage

11-11034 Mermelstein R. Rice 1/31/2012 12/16/2012 11/26/2014 Emens-Butler N/A Yes 5/22/2013 Second Mortgage

11-11080 Brownell T. Taylor 3/12/2012 4/9/2012 4/30/2012 Lang 115 Yes 11/6/2013 No Agreement Reached in Mediation

11-11127 Monty T. Taylor 2/13/2012 3/8/2012 4/18/2012 Lang N/A N/A 3/25/2013 Mediation Ongoing

12-10009 Handren D. Leahy 2/23/2012 3/22/2012 4/18/2012 Emens-Butler N/A Unknown; CC 6/4/2013 Case Converted to Chapter 7

12-10033 Davis A. Klingler 1/16/2012 2/6/2012 4/18/2012 Mayer 9 Yes 10/31/2012

12-10040 Jones R. Rice 8/30/2012 9/19/2012 12/6/2012 Scholes 96 Yes 3/21/2012

12-10110 Bates R. Rice 2/16/2012 3/26/2012 4/18/2012 Mayer 736 Yes 6/16/2014

12-10117 Albright T. Taylor 3/21/2012 5/16/2012 5/17/2012 Emens-Butler 242 Yes Ch 7

12-10183 Rolfe D. Leahy 4/9/2012 4/27/2012 None Unknown N/A N/A 7/30/2012 Motion Vacated

12-10193 Harrington A. Klingler 4/17/2012 5/24/2012 6/4/2012 Steckel 392 Yes 8/27/2013

12-10206 Becker D. Hayes 3/14/2012 4/9/2012 4/18/2012 Valdes 273 Yes 2/26/2013

12-10210 Ovitt T. Taylor 5/16/2012 6/21/2012 6/27/2012 Lang 64 No 11/28/2012 No Agreement Reached; Case Dismissed

12-10212 Tinker T. Taylor 3/21/2012 5/17/2012 8/1/2012 Valdes 294 No 2/1/2013

12-10242 Elder T. Taylor 4/9/2012 5/18/2012 6/4/2012 Emens-Butler N/A N/A N/A Case Dismissed

12-10255 Adams T. Taylor 4/11/2012 5/16/2012 5/17/2012 Edwards N/A Yes 2/26/2013

12-10260 Fortin T. Taylor 4/12/2012 5/16/2012 6/4/2012 Emens-Butler 472 Yes 10/31/2012

12-10267 Guffey R. Rice 5/3/2012 5/23/2012 5/2/2013 (consent)Emens-Butler 488 No N/A Property Surrendered

12-10268 Pearo R. Rice 5/3/2012 2/23/2012 None Mayer 916 Yes 6/11/2012

12-10282 Chalifoux T. Taylor 4/17/2012 5/16/2012 None Valdes 603 Yes 4/11/2013

12-10314 Ashline T. Taylor 4/24/2012 5/18/2012 8/15/2012 Edwards 638 No 7/8/2013

12-10318 Lepage T. Taylor 5/18/2012 6/21/2012 12/5/2012 Mayer 108 Yes 11/28/2012

12-10326 Stiles T. Taylor 4/24/2012 N/A N/A N/A N/A Yes 4/4/2013

12-10344 Hanson R. Rice 5/31/2012 9/6/2012 9/17/2012 Scholes 88 Yes 6/3/2013

12-10347 Remillard T. Taylor 5/16/2012 6/21/2012 6/27/2012 Edwards 798 Yes 2/1/2013

12-10353 Robins R. Rice 5/3/2012 5/23/2012 9/19/2012 Mayer 600 Yes 6/19/2012

12-10360 Hayes T. Taylor 6/18/2012 N/A N/A N/A N/A N/A N/A Withdrawn

12-10374 Baker N. Geise 6/7/2012 6/26/2012 8/24/2012 Mayer 133 Yes 6/7/2012

12-10396 Daudelin T. Taylor 5/10/2012 6/22/2012 11/5/2012 Lang 63 Yes 2/26/2013

12-10407 Frey N. Geise 5/17/2012 7/12/2012 None N/A 782 No 9/30/2014 Property Surrendered

12-10427 Davis D. Leahy 7/12/2012 8/8/2012 8/13/2012 Mayer 508 No 7/18/2012 Motion to Close filed by C

156

12-10434 Blondin T. Taylor 5/29/2012 6/21/2012 6/27/2012 Edwards N/A N/A 6/11/2013 Case Dismissed

12-10453 Nichols T. Taylor 6/15/2012 N/A N/A N/A N/A N/A N/A Withdrawn; Case Dismissed

12-10466 Caruso D. Leahy 12/13/2013 7/16/2012 8/1/2012 Mayer 387 Yes 7/16/2012 Modified

12-10474 Driver T. Taylor 6/18/2012 7/9/2012 8/29/2012 Valdes N/A No N/A Case Dismissed

12-10495 Holley D. Leahy 7/12/2012 8/7/2012 8/13/2012 Rice N/A Yes 10/18/2012 Awaiting Motion to Close Mediation

12-10496 Baker R. Rice 5/14/2013 5/30/2013 None Unknown N/A Yes 7/18/2012

12-10502 Bouchard T. Taylor 6/19/2012 7/9/2012 7/26/2012 (consent)Edwards 502 Yes 2/26/2013

12-10510 Brown T. Taylor 6/19/2012 7/9/2012 8/29/2012 Mayer N/A Unknown; CC 6/5/2013 Case converted and closed

12-10519 Randall T. Taylor 7/25/2012 10/4/2012 1/30/2013 Adams N/A N/A 4/11/2013 Withdrawn

12-10549 LaFountain T. Taylor 8/10/2012 9/7/2012 3/19/2014 Edwards N/A No 3/25/2013

12-10600 Doucette R. Rice 8/30/2012 9/19/2012 None Unknown N/A Unknown; CC 1/7/2014

12-10619 Rivers R. Rice 8/30/2012 9/19/2012 None Unknown N/A N/A 10/31/2012 Dismissed

12-10621 Lind R. Rice 10/10/2012 11/1/2012 12/5/2012 Mayer 450 No 10/9/2012

12-10745 Deluca R. Rice 5/23/2014 6/9/2014 None Unknown N/A 3/4/2015 Mediation Ongoing

12-10751 Macari R. Rice 5/24/2013 5/24/2013 None Unknown 460 Yes 11/25/2013

12-10754 McPhee R. Rice 3/17/2014 4/1/2014 None Unknown N/A N/A 5/6/2013

12-10764 Zelhof T. Taylor 10/30/2012 11/21/2012 11/30/2012 Edwards N/A Unknown; CC 12/5/2012

12-10818 Elwood T. Hawkins 1/15/2013 2/26/2013 5/17/2013 Rice N/A Yes 3/11/2014

12-10855 Schultz T. Taylor 10/30/2012 11/21/2012 4/11/2013 Cooper 39 No 12/5/2012 Debtor withdrew from mediation. Surrendered property

12-10864 Pawlowski K. Walls 1/14/2013 1/31/2013 2/12/2013 Rice 497 Yes 9/8/2014

12-10879 Lyddy R. Rice 2/21/2013 Denied N/A N/A N/A N/A N/A Motion denied

12-10929 Ingram R. Rice 12/18/2012 1/22/2013 2/11/13 (consent) Kelley N/A Unknown 7/17/2013 Awaiting Motion to Close Mediation

12-10935 Beam R. Rice 2/21/2013 3/12/2013 5/10/2013 Emens-Butler 324 Yes 6/13/2014

12-10968 Greenia T. Taylor 1/7/2013 1/25/2013 2/12/2013 Edwards N/A Unknown; CC 3/7/2013

12-11015 Wahlstrom R. Rice 2/27/2013 3/19/2013 Emens-Butler 257 Yes 4/11/2013

13-10009 Holmes D. Hayes 5/1/2013 5/3/2013 None Unknown N/A Yes 8/27/2013 Awaiting Motion to Close Mediation

13-10076 McBride J. Gravel 3/7/2013 N/A N/A N/A N/A N/A 3/7/2013 Motion withdrawn

13-10091 Mahoney R. Rice 4/15/2013 5/1/2013 2/18/2014 Mayer N/A Yes 7/23/2013 Awaiting Motion to Close Mediation

13-10120 Reyes R. Rice 5/23/2013 6/7/2013 None Mayer 189 No 8/7/2013

13-10209 Timmermans A. Klingler 3/25/2013 5/17/2013 8/12/2013 Cooper N/A N/A 8/26/2013 Mediation Ongoing; Debtor's Oral Motion to Compel granted

13-10210 Lieske T. Taylor 6/10/2013 N/A N/A N/A N/A N/A 8/13/2013 Motion withdrawn

13-10226 Campbell T. Taylor 6/14/2013 7/17/2013 7/29/2013 Mayer N/A Yes 9/10/2013

13-10260 Merrill R. Rice 6/7/2013 7/1/2013 7/11/2013 Emens-Butler 419 No 8/7/2013 Debtor Withdrew.

13-10271 Wimble T. Taylor 5/24/2013 7/17/2013 7/24/2013 Edwards 310 Yes 6/5/2013

13-10292 Barnes R. Rice 5/23/2013 6/7/2013 12/5/2013 Mayer N/A N/A 7/23/2013 Mediation Ongoing

13-10322 Williams T. Taylor 8/9/2013 9/5/2013 None Unknown N/A Yes N/A

13-10358 Streeter T. Taylor 6/14/2013 7/17/2013 7/31/2013 Mayer N/A N/A 1/27/2014 Case Dismissed

13-10374 Wilde T. Taylor 7/10/2013 8/9/2013 9/6/2013 Edwards N/A N/A 8/21/2013 Case Dismissed

13-10402 Scribner D. Lynch 6/17/2013 7/8/2013 None N/A N/A Unknown; CC 10/3/2013 Motion Withdrawn (after entry of Order Granting Mediation)

13-10408 Russin D. Hayes 7/9/2013 7/9/2013 8/6/2013 Mayer N/A Yes 8/27/2013

13-10424 Whitham T. Taylor 7/1/2013 7/17/2013 9/4/2013 Edwards N/A Yes N/A

13-10439 Emerick R. Rice 11/12/2013 11/27/2013 None Mayer N/A N/A 1/2/2014

13-10457 Martell T. Taylor 6/28/2013 7/17/2013 7/29/2013 Mayer 375 No N/A

13-10477 Petelle R. Rice 8/29/2013 9/13/2013 12/5/2013 Mayer N/A N/A 9/9/2013 Case Dismissed

13-10482 Campbell A. Klingler 2/3/2015 3/12/2015 3/12/2015 Emens-Butler N/A N/A N/A Mediation Ongoing; status hearing set for 12/18/2015

13-10530 Kipp H. Cooper 10/14/2013 11/6/2013 11/8/2013 Mayer N/A Yes 12/9/2013 Awaiting Motion to Close Mediation

13-10540 Hasleton T. Taylor 8/26/2013 10/4/2013 11/4/2013 Emens-Butler N/A N/A N/A Case Dismissed

13-10543 Leddick T. Taylor 8/27/2013 11/6/2013 5/16/2014 Mayer N/A N/A 1/7/2014

13-10552 Newhall R. Rice 10/11/2013 10/29/2013 12/5/2013 Mayer 265 Yes 11/25/2013

13-10562 Wright T. Taylor 9/26/2013 10/31/2013 11/1/2013 Mayer N/A Yes 1/27/2014

157

13-10563 Davis T. Taylor 9/30/2013 10/16/2013 11/18/2013 Emens-Butler 134 No 11/7/2013

13-10612 White T. Taylor 8/31/2013 10/17/2013 None Edwards 174 N/A 11/7/2013 Motion Vacated

13-10614 Bergeron D. Hayes 10/3/2013 10/21/2013 10/28/2013 Mayer 114 Yes 1/2/2014

13-10645 Deuso T. Taylor 12/19/2013 1/6/2014 5/30/2014 Mayer N/A N/A 1/27/2014 Case Dismissed

13-10647 Ryan T. Taylor 10/1/2013 11/4/2013 None Unknown 38 N/A 1/10/2014 Case converted Mediation Closed

13-10669 Bird T. Taylor 11/4/2013 11/22/2013 1/20/2015 Mayer N/A Unknown 11/7/2013 Case closed; Mediation Closed

13-10672 Dubie T. Taylor 10/23/2013 11/18/2013 12/5/2013 Mayer N/A No 11/7/2013

13-10760 Parker R. Rice 12/16/2013 1/2/2014 1/16/2014 Mayer 552 Yes 6/4/2014

13-10781 Bombard T. Taylor 12/5/2013 2/13/2014 3/5/2014 Mayer 442 No 12/4/2013

13-10782 Domina T. Taylor 11/20/2013 12/13/2013 2/20/2014 Mayer 340 Unknown 12/11/2013

13-10785 Kirkpatrick T. Taylor 12/30/2013 4/29/2014 5/7/2014 Mayer 96 Yes N/A

13-10874 Hill R. Rice 1/23/2014 2/18/2014 3/20/14 (consent) Mayer N/A Yes 5/27/2014

14-10004 Domina T. Taylor 2/25/2014 7/24/2014 7/31/2014 Mayer N/A N/A N/A Mediation Ongoing

14-10014 Goes R. Rice 3/17/2014 4/1/2014 None Unknown N/A N/A N/A Case Dismissed

14-10035 Elder K. Walls 3/25/2014 4/14/2014 5/7/2014 Rice N/A N/A N/A Case Dismissed

14-10038 Moreno K. Walls 3/6/2014 4/17/2014 5/1/2014 Emens-Butler N/A Yes 6/23/2014 D's Atty w/drew; dispute about mediator fees; awaiting Motion to Close Mediation

14-10047 Austin R. Rice 3/17/2014 4/2/2014 5/7/2014 Emens-Butler N/A N/A N/A Mediation Presumed Open; Creditor's Motion to Compel granted

14-10051 Buckley R. Rice 4/15/2014 5/8/2014 5/7/2014 Emens-Butler 274 No N/A

14-10057 Bushman R. Rice 3/17/2014 4/1/2014 None Unknown N/A Yes N/A

14-10060 Davis R. Rice 3/17/2014 4/1/2014 4/2/2014 Emens-Butler 132 Yes 6/4/2014

14-10061 Nutting R. Rice 11/5/2014 12/1/2014 11/10/2015 Emens-Butler N/A N/A 4/28/2014 Mediation Ongoing

14-10068 Tullgren T. Taylor 3/31/2014 4/22/2014 5/19/14(consent) Edwards 535 Yes 6/9/2014

14-10112 Currier D. Lynch 5/6/2014 5/28/2014 6/19/2014 Mayer 118 No 6/24/2014

14-10147 Rinaldi T. Taylor 4/10/2014 4/30/2014 1/14/2015 Mayer 197 N/A 9/24/2014

14-10184 Riopel G. Pazdan 4/4/2014 5/22/2014 6/4/2014 Scholes N/A N/A 6/23/2014 Mediation order vacated based upon agreement reached w/o mediation

14-10258 Butzlaff D. Hayes 5/9/2014 N/A N/A N/A N/A N/A N/A Motion Withdrawn

14-10266 Bigras D. Lynch 5/19/2014 6/4/2014 6/12/2014 Emens-Butler 125 Yes N/A

14-10269 Goodreau T. Taylor 6/12/2014 6/30/2014 9/5/2014 Emens-Butler 280 Yes 3/31/2015 Both mediations closed (same dates)

14-10288 White A. Klingler 6/9/2014 7/8/2014 7/15/2014 Emens-Butler 197 Yes N/A Mortgagee accepted short sale of property

14-10289 Boucher T. Taylor 7/7/2014 7/17/2014 7/25/2014 Mayer N/A No 8/7/2014

14-10295 Peterson R. Rice 7/11/2014 7/28/2014 None N/A N/A N/A 8/26/2014 Mediation Presumed Open

14-10302 Bonnette D. Hayes 6/27/2014 7/16/2014 None N/A N/A N/A N/A Mediation Presumed Open

14-10333 Daley T. Taylor 7/25/2014 8/12/2014 9/17/2014 Edwards N/A N/A N/A Mediation Presumed Open

14-10337 Bourdeau T. Taylor 8/26/2014 9/15/2014 9/18/2014 Emens-Butler N/A N/A N/A Case Dismissed

14-10337 Adamsen T. Taylor 7/11/2014 8/19/2014 8/27/2014 Edwards 149 N/A 8/13/2014 Mediation with North Country Federal Credit Union; Second Mortgage

14-10357 Adamsen T. Taylor 7/11/2014 8/19/2014 8/27/2014 Edwards 147 Yes 8/13/2014 Mediation with New England Federal Credit Union; First Mortgage

14-10542 Goes R. Rice 11/5/2014 12/1/2014 N/A N/A N/A N/A 12/23/2014 Mediation Presumed Open

13-10735 Steinberg R. Rice 12/16/2013 2/13/2015 2/24/2015 Emens-Butler N/A N/A 10/21/2013 Case Dismissed

13-10798 Bohannon T. Taylor 2/25/2014 3/12/2014 N/A N/A N/A Yes 4/23/2014

13-10819 Marro R. Rice 1/29/2014 2/13/2014 N/A N/A N/A N/A 3/21/2014 Mediation ongoing; Creditor's Motion to Compel withdrawn

13-10832 Walsh T. Taylor 1/27/2014 2/18/2014 5/30/2014 Edwards 241 Yes 3/3/2014

14-10031 Corrales R. Rice 2/19/2014 3/5/3014 N/A N/A N/A Yes 9/2/2014

14-10555 Greene R. Rice 12/17/2014 1/13/2015 1/14/2015 Emens-Butler N/A N/A N/A Mediation Presumed Open

14-10578 Stocker R. Rice 12/17/2014 1/14/2015 1/27/2015 Emens-Butler N/A No 3/16/2015 Awaiting Motion to Close Mediation

14-10579 Metivier T. Taylor 12/4/2014 12/22/2014 12/30/2014 Mayer 252 N/A N/A Case converted from 13 to 7

14-10583 Bowen R. Rice 12/17/2014 1/13/2015 9/11/2015 Emens-Butler N/A N/A N/A Mediation Ongoing

14-10588 Barrows T. Taylor 12/2/2014 12/22/2014 N/A N/A N/A N/A N/A First Mortgage; motion to compel by creditor filed; mediation closed by court on 7/17/2015

14-10588 Barrows T. Taylor 12/4/2014 12/22/2014 N/A N/A N/A N/A N/A Second Mortgage; mediation closed by court on 7/17/2015


14-10434 Delormier-Blow T. Taylor 8/26/2014 9/17/2014 10/15/2014 Mayer 239 Yes N/A

158

14-10480 Guth R. Rice 3/11/2015 3/30/2015 7/22/2015 Emens-Butler N/A Yes 10/27/2015 Awaiting Motion to Close Mediation

14-10550 Underwood R. Rice 12/31/2014 1/15/2015 9/21/2015 Emens-Butler 44 Yes 11/13/2015

14-10603 Hawkins T. Taylor 12/16/2014 1/15/2015 4/20/2015 Edwards 142 No 3/2/2015 Case converted from 13 to 7

14-10648 Brundage T. Taylor 12/18/2014 1/12/2015 1/20/2015 Emens-Butler 213 No 3/3/2015 First Mortgage

14-10648 Brundage T. Taylor 12/22/214 1/15/2015 1/19/2015 (consent)Emens-Butler N/A N/A 3/3/2015 Second Mortgage; Mediation presumed open

14-10654 Barrows D. Lynch 3/3/2015 4/1/2015 6/29/2015 Emens-Butler 130 N/A 1/7/2015 Oral motion to close mediation

14-10666 Alexopoulos R. Rice 1/30/2015 2/19/2015 5/1/2015 Mayer N/A No 3/3/2015 Awaiting Motion to Close Mediation

14-10690 Davie II R. Rice 1/23/2015 2/10/2015 4/17/2015 Mayer N/A N/A 3/4/2015 Mediation ongoing; status hearing set for 1/29/2016

15-10059 Kilbride T. Taylor 3/3/2015 3/30/2015 8/24/2015 Mayer N/A N/A N/A First Mortgage Bank of NY; mediation ongoing

15-10059 Kilbride T. Taylor 3/3/2015 3/30/2015 8/24/2015 Mayer N/A N/A N/A Second Mortgage Bank of America; loan forgiven

15-10091 Crowley T. Taylor 3/11/2015 3/30/2015 3/31/2015 Mayer N/A N/A 6/24/2015 First Mortgage; Mediation Ongoing

15-10100 Pratt R. Rice 4/17/2015 5/7/2015 7/29/2015 Cooper N/A N/A 7/7/2015 Status hearing set for 12/18/2015

15-10102 Ferrara R. Rice 3/20/2015 4/7/2015 4/14/2015 Emens-Butler N/A Yes 6/9/2015 Awaiting Motion to Close Mediation

15-10103 Utter T. Taylor 3/16/2015 4/2/2015 8/5/2015 Cooper N/A Yes 5/23/2015 Awaiting Motion to Close Mediation

14-10703 Spillane R. Rice 2/18/2015 3/6/2015 3/20/2015 Mayer N/A No 4/23/2015 Awaiting Motion to Close Mediation

15-10027 Bunke R. Rice 2/18/2015 3/6/2015 3/13/2015 Emens-Butler 207 Yes 4/1/2015

15-10045 Arlotta A. Klingler 7/9/2015 7/17/2015 9/11/2015 Emens-Butler N/A N/A 10/14/2015 Mediation Ongoing

15-10047 Blake III R. Rice 3/25/2015 4/14/2015 4/14/2015 Emens-Butler N/A N/A N/A Mediation Ongoing

15-10055 Supernault R. Rice 4/7/2015 4/23/2015 7/17/2015 Emens-Butler N/A N/A 4/21/2015 Status hearing set for 1/29/2016

15-10106 Campbell M. Weiner 3/23/2015 4/27/2015 7/22/2015 Rice N/A N/A 10/30/2015 Status hearing set for 12/16/2015

15-10121 Merrow R. Rice 4/17/2015 6/1/2015 11/6/2015 Cooper N/A N/A 7/7/2015 Status hearing set for 1/29/2016

15-10139 McGee R. Rice 4/17/2015 5/7/2015 7/29/2015 Cooper N/A N/A 7/28/2015 Status hearing set for 12/18/2015

15-10158 Francis T. Taylor 4/27/2015 5/14/2015 7/15/2015 Cooper N/A No 4/2/2015 Surrender of property; awaiting motion to close mediation

15-10171 Oldenberg K. Walls 6/30/2015 7/17/2015 11/20/2015 Mayer N/A N/A N/A Status hearing set for 12/18/2015

15-10244 Nardini R. Rice 6/26/2015 7/17/2015 10/1/2015 Cooper N/A N/A N/A Mediation Ongoing

15-10249 Larviere R. Rice 7/17/2015 7/23/2015 9/3/2015 Emens-Butler N/A N/A 10/6/2015 Creditor's Motion to Compel orally withdrawn

15-10257 Lacross R. Rice 6/11/2015 6/26/2015 N/A N/A N/A N/A 10/6/2015 Mediation Ongoing

15-10262 Brouillard K. Walls 7/20/2015 8/24/2015 11/6/2015 Mayer N/A N/A 10/14/2015 Mediation Ongoing

15-10293 Heller R. Rice 7/1/2015 7/17/2015 8/27/2015 Emens-Butler N/A N/A N/A Mediation Ongoing

15-10303 Isaacs R. Rice 8/7/2015 8/24/2015 N/A N/A N/A N/A 10/30/2015 Status hearing set for 1/29/2016

15-10306 Bolen T. Taylor 7/7/2015 N/A N/A N/A N/A N/A N/A Motion Withdrawn; case closed.

15-10335 Valiquette T. Taylor 8/18/2015 9/2/2015 11/3/2015 Mayer N/A N/A 10/6/2015 Mediation Ongoing

15-10336 Folan R. Rice 10/2/2015 10/21/2015 10/27/2015 Mayer N/A N/A N/A Mediation Ongoing

15-10340 Huard T. Taylor 8/4/2015 8/20/2015 8/27/2015 Cooper N/A N/A N/A First Mortgage

15-10340 Huard T. Taylor 8/4/2015 8/20/2015 8/27/2015 Cooper 55 N/A N/A Second Mortgage; loan forgiven

15-10371 Matta R. Rice 9/29/2015 10/14/2015 10/16/2015 Emens-Butler N/A N/A 10/20/2015 Mediation Ongoing

15-10377 Stewart D. Hayes 9/3/2015 10/5/2015 N/A N/A N/A N/A N/A Mediation Presumed Open

15-10415 Kachmar R. Rice 9/23/2015 10/13/2015 10/15/2015 Mayer N/A N/A N/A Mediation Ongoing

15-10422 Ljubibratic A. Klingler 9/3/2015 N/A N/A N/A N/A N/A N/A Motion Withdrawn

15-10474 Felo N. Geise 10/26/2015 11/13/2015 N/A N/A N/A N/A 12/7/2015 Mediation Presumed Open

11-10805 Wright R. Rice N/A N/A N/A N/A N/A Yes 10/24/2011 Motion for Mortgage Mediation never filed.*

159

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Avg Days from Date Mediator Appointed to Motion to Close Filed 327.5643564

# of cases < 180 days 34

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

# of motions for mediation filed between 1/1/2011 and 12/31/2011 31





total # of motion for mediation filed from 1/1/2011 to date 237

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Mediator # of Cases % of Total Cases

Mayer 68 28%

Emens-Butler 53 22%

Edwards 25 10%

Cooper 13 5%

Lang 7 3%

Scholes 6 3%

Rice 5 2%

Valdes 4 2%

Kelley 1 0%

Adams 1 0%

Steckel 1 0%

Unknown 21 9%

N/A 35 15%

Total 240 100%

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Modification Achieved?

Number of

Cases

% of

Cases out

of Total

Cases

Number of

Cases

Where

Outcome is

Unknown

% of Cases

Where

Outcome is

Unknown

Number of

Cases

Where

Mediation

Successful

% of Cases

Where

Mediation

Successful

Number of

Cases Where

Mediation Not

Successful

% of

Cases

Where

Mediation

Not

Successful

R. Rice 109 45% 1 1% 50 46% 16 14.68%

T. Taylor 87 36% 2 2% 30 34% 16 18.39%

D. Leahy 8 3% 1 13% 3 38% 1 12.50%

A. Klingler 8 3% 0 0% 0 0% 0 0.00%

D. Hayes 7 3% 0 0% 4 57% 0 0.00%

K. Walls 6 3% 0 0% 2 33% 1 16.67%

D. Lynch 5 2% 0 0% 2 40% 1 20.00%

N. Geise 4 2% 0 0% 2 50% 1 25.00%

H. Cooper 1 0% 0 0% 1 100% 0 0.00%

J. Gravel 1 0% 0 0% 0 0% 0 0.00%

T. Hawkins 1 0% 0 0% 1 100% 0 0.00%

P. Kulig 1 0% 0 0% 0 0% 0 0.00%

M. Weiner 1 0% 0 0% 0 0% 0 0.00%

G. Pazdan 1 0% 0 0% 0 0% 0 0.00%

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

"Real" modification statisticsTotal Cases 240

Completed Cases 135 % of Completed Cases 56.25%

Modification Achieved 99 % of Completed Cases 73.33%

Modification Not Achieved36 % of Completed Cases 26.67%

160

mcd

Text Box

DISTRICT OF VERMONT CHAPTER 13 STATISTICS

FISCAL YEAR ENDING SEPTEMBER 30, 2015

RECEIPTS AND DISBURSEMENTS

2015 2014TOTAL PLAN RECEIPTS 7,080,465.79 7,758,964.80

(1) Secured Creditors(a) Ongoing Mortgage Payments 2,181,825.75 2,018,993.00(b) Mortgage Arrearages 469,066.87 589,615.35(c) All other Secured debt 1,378,004.43 1,495,076.99

(2) Priority creditors(a) Ongoing Domestic Support Payments 5,190.82 11,330.78(b) All other Priority Debt 391,419.55 376,868.98

(3) Unsecured Creditors 1,740,404.66 2,199,729.59(4) Debtor Attorneys 287,980.57 293,556.74(5) Administrative Expenses Under the Plan

(a) 503(b) Awards 0.00 0.00(b) Other Admin Expense (attach schedule) 0.00 0.00

(6) Interest transferred to Expense Fund 0.00 0.00(7) Debtor Refunds 134,534.38 156,872.01(8) Other Trust Disbursements (attach schedule) 76,276.83 85,488.42(9) Percentage Fees Pursuant to 28 USC §586(e) 557,837.42 547,301.83

(10) Direct Payment Fees 0.00 0.00

(11) TOTAL TRUST FUND DISBURSEMENTS [III(1) thru III(10)] 7,222,541.28 7,774,833.69

Page 1 of 3

TRUST FUND DISBURSEMENTS

161

ANALYSIS OF VERMONT TERMINATED CHAPTER 13 CASES FISCAL YEAR ENDING SEPTEMBER 30, 2015

PERCENTAGETOTAL CASES TERMINATED IN FISCAL YEAR 237 100.00%

DISPOSITION OF CASESCOMPLETED CASES 176 74.26%HARDSHIP DISCHARGES 1 0.42%CONVERTED PRE-CONF 5 2.11%DISMISSED PRE-CONF 17 7.17%CONVERTED POST-CONF 19 8.02%DISMISSED POST-CONF 19 8.02%

TOTAL CASES 237

DISCHARGESSEC. 1328 (a) DISCHARGES 176 74.26% of total filed and terminated casesSEC. 1328 (b) DISCHARGES 1 0.42%

CHAPTER 13 DISCHARGES 177 74.68%CHAPTER 7 DISCHARGES (presumed)* 24 10.13%

TOTAL DISCHARGES 201 84.81% of total filed and terminated cases

CONFIRMED CASES 90.72% of total terminated) 215 100.00%SEC. 1328 (a) DISCHARGES 176 81.86%SEC. 1328 (b) DISCHARGES 1 0.47%TOTAL CHAPTER 13 DISCHARGES 177 82.33%CHAPTER 7 DISCHARGES (presumed)* 19 8.84% TOTAL DISCHARGES 196 91.16% of total confirmed and terminated cases closed

* the assumption here is since the overwhelming majority of Chapter 7 cases received discharges, all of theconverted cases did so, although this is not necessarily true.

Page 2 of 3

162

DISTRICT OF VERMONTCONDUIT PAYMENT CASES BY CATEGORY 2010-2015

(as of December 7, 2015)

ALL FILED CONDUIT CASESCases Percentage of total

CONFIRMATION PENDING 12 3.83%DISMISSED/ NO CONFIRMATION 28 8.95%CONVERTED/NO CONFIRMATION 16 5.11%CONFIRMED AND OPERATING 179 57.19%CLOSED COMPLETED 17 5.43%DISMISSED AFTER CONFIRMATION 30 9.58%CONVERTED AFTER CONFIRMATION 31 9.90%

TOTAL FILED 313 100.0%

ALL CONFIRMED CASES

TOTAL CASES CONFIRMED 257 82.1% (out of total filed)CONF. CASES COMPLETED OR STILL OPERATING 196 76.3%CONF. CASED DISMISSED OR CONVERTED 61 23.7%

TERMINATED CONDUIT CASES OLDER THAN 4 YEARS

COMPLETED 13 35.1%DISMISSED 10 * 27.0%CONVERTED 14 * 37.8%

TOTAL 37

* includes cases converted after debtor obtained successful mortgage modifcations

Page 3 of 3

163

DISTRICT OF VERMONT CHAPTER 12 CASE STATISTICS(COMPILED DECEMBER 2015)

CURRENT CASESPENDING CASES 1OPEN CASES 9

TERMINATED CASES (DATING FROM 1995) PERCENTAGE

TOTAL TERMINATED CASES 51 100.00%Total confirmed cases 41 80.39%

DISPOSITION OF CASESCOMPLETED CASES 34 66.67%CONVERTED PRE-CONF 5 9.80%DISMISSED PRE-CONF 5 9.80%CONVERTED POST-CONF 4 7.84%DISMISSED POST-CONF 3 5.88%

TOTAL CASES 51

DISCHARGES - TOTALSEC. 1228 (a) DISCHARGES 34 66.67% of total filed and terminated casesCHAPTER 7 DISCHARGES (presumed)* 9 17.65%


DISCHARGES - IN CONFIRMED CASES 41 19.07%SEC. 1228 (a) DISCHARGES 34 82.93%CHAPTER 7 DISCHARGES (presumed)* 4 9.76%TOTAL DISCHARGES IN CONF'D CASES 38 92.68% of total confirmed and terminated cases closed

* the assumption here is since the overwhelming majority of Chapter 7 cases received discharges, all of theconverted cases did so, although this this has not been verified.

164

DISTRICT OF VERMONT CHAPTER 12 RECEIPTS AND DISBURSEMENTS FISCAL YEAR ENDING JUNE 30, 2015

2015 2014PAYMENTS FROM DEBTORS 349,957.00$ 236,457.00$

DISBURSEMENTSSECURED CREDITORS 306,136.00$ 205,755.00$ PRIORITY CREDITORS -$ -$ UNSECURED CREDITORS 12,504.00$ 3,719.00$ DEBTORS ATTORNEYS 3,782.00$ 6,163.00$ PERCENTAGE FEES 28,042.00$ 15,316.00$

TOTALS 350,464.00$ 230,953.00$

165

The Ethical and Professional Responsibilitiesof Lawyers to Third Parties

Larry J. Cohen, Esq.March, 2015

182

Larry J. Cohen, Esq.

Larry J. Cohen is a certified specialist in injury andwrongful death litigation who has focused in his more than twentynine years of practice on serious medical injury and emotionaldamages cases, including especially brain injury claims. Hereceived his J.D. from Northwestern University in 1985, and hasbeen admitted to practice in Arizona since 1985. Mr. Cohen alsohas a Master’s degree and a Ph.D. from Syracuse University, iscurrently participating in a post-doctoral program in clinicalneuropsychology and looks ahead hopefully to starting a doctoralstudies in clinical psychology when he completes the post-doc.He has taught and done research at the University of MichiganSchool of Law, has served on the adjunct faculty in the graduatepsychology programs of the Arizona School of ProfessionalPsychology, now Argosy University, and Midwestern University, andcurrently teaches as a member of the adjunct faculty at theSandra Day O’Connor College of Law at Arizona State Universityand the Phoenix School of Law. Mr. Cohen speaks nationally togroups of lawyers, other professionals, insurance companies,governmental entities, risk managers and other interest groupsabout litigation and trial practice matters, legal ethics,alternative dispute resolution, and issues in brain damage, lawand medicine and law and psychology. He has received awards fromthe Maricopa County Bar Association, the State Bar of Arizona andthe State Bar of New Mexico for excellence in continuing legaleducation. He also received a President’s Award from the StateBar of Arizona for contributions in continuing legal education.

Mr. Cohen may be reached at the following address:

Larry J. CohenCohen’s CounselP.O. Box 465Bethel, Vermont [email protected]

183

1 I am referencing the Model Rules because of the diversegeographic locations represented by the attendees at thisconference. You should look to your own jurisdiction for theethical rules and professionalism principles that apply.

Page 1 of 44

When lawyers think about ethics their first thoughts are to

duties owed to clients, and then specifically to confidentiality,

fees, conflicts of interest and like lawyer-client issues, and

not necessarily in any particular order. Lawyers tend not to

think about duties owed to third parties. Historically, third

party interests were not something lawyers thought much about as

their sole concern was the lawyer’s relationship with and duty to

the client. This central concern with the lawyer-client

relationship is still reflected in the fact that the set of rules

dealing with lawyer-client relationships is by far the largest

section of the ethics rules. See Model Rules of Professional

Conduct (MRPC), including MRPC Rules 4.1 - 4.4.1

In more recent years there has been an evolution in the

concerns of courts, bar associations and ethics rule writers

about the impact of lawyer conduct on third parties or “others.”

This reflects a sensitivity to the long appreciated reality that

what lawyers do in the course of representing their clients can

and does have a significant and even powerful impact on third

parties. The question presented is how much protection do we

afford third parties who come in contact with lawyers as lawyers

carry out the activities involved in representing their clients.

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2 Preamble, MRPC at paragraph 5.

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Inevitably, whatever protection that is afforded will present at

least some potential of conflicting with the lawyer’s actions in

furtherance of the client’s interests, and may even present a

conflict for the lawyer in dealing with the interests of the

client and the interests of the third party.

Principles and Goals: Professionalism Aspirations

It is fair and accurate to say at this point that the answer

reached by courts, bar associations and rule writers, is to

afford consideration of and provide some protection for the

interests of third parties. This state of resolution is

reflected, for example, in the Preamble to the MRPC:

A lawyer should use the law’s procedures onlyfor legitimate purposes and not to harass orintimidate others.2

This specific reference to harassment and intimidation in the

Preamble is certainly understandable in the light of the power

differential that exists between lawyers and others, and

especially unrepresented persons. Lawyers have knowledge,

skills, and resources that such third parties do not have,

putting lawyers in the position to take advantage of third

parties insufficiently informed and insufficiently equipped with

resources to protect themselves from the consequences of

aggressive actions by the lawyers.

Confronted with such expressed concern about third parties,

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3 Preamble, MRPC at paragraph 9.

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lawyers typically respond that their first duty is and should be

to their client, and to the ends the client has retained the

lawyer to accomplish. Moreover, the reality of the everyday

practice of law is the pressure lawyers receive from their

clients to accomplish the client’s goals, at the implicit and

sometimes explicit risk of receiving compensation, getting

further work, being threatened with a bar complaint and being

sued for malpractice. It is a difficult challenge for lawyer,

when confronted with the assumed first priority of duty to the

client and these pressures of everyday law practice, to then

consider the interests of third parties and others with whom the

lawyer has no direct relationship at all, much less an obvious

interest at law in protecting.

The Preamble to the MRPC anticipates this response and

addresses it directly:

Within the framework of these Rules, however, manydifficult issues of professional discretion can arise.Such issues must be resolved through the exercise ofsensitive professional and moral judgment guided by thebasic principles underlying these Rules. Theseprinciples include the lawyer’s obligationconscientiously and ardently to protect and pursue aclient’s legitimate interests, within the bound of thelaw, while maintaining a professional, courteous andcivil attitude toward all persons involved in the legalsystem.3

The resolution, in other words, is not to back away from the duty

to the client, but rather to proceed in ways that are sensitive

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to the third parties and others the lawyer deals with in the

course of acting in furtherance of the duty to the client.

A lawyer committed to acting professionally, courteously and

civilly will have at least three questions:

1. To whom do I owe these duties?

2. What exactly am I supposed to do?

3. How much do I trade off the interests of the client tothe interests of these third parties?

The MRPC’s Preamble and to a lesser extent the MRPC’s Scope state

appropriate goals, but lawyers understandably want and reasonably

need further guidance. Accordingly, we look to specific rules in

the MRPC for the current answers to these questions.

MRPC Rules

Unlike the professionalism principles in the MRPC’s Preamble

and Scope, that address with lawyers the conduct to which they

should aspire, the MRPC tell lawyers how they are to behave in

various circumstances. Working through these rules one can find

many places where the rules have implications for how lawyers

should interact with third persons. For example, in the Second

Section of the MRPC, dealing with the lawyer as counselor, there

are concerns implicit in Rule 2.3 about the potential adverse

consequences for a third party who does not know that an

evaluation the lawyer has prepared for that third party’s use may

be affected by the lawyer’s representation of a client. Rule 2.4

addresses the risk of an unrepresented third party not

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4 This Rule sets forth a series of steps or actions forthe lawyer to take to try to resolve this problem short ofrevealing confidential information, but provides for revealingconfidential information when those other steps have failed.

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understanding the role of the lawyer as a neutral in trying to

help the parties resolve a dispute. Rule 7.1 directs lawyers not

to engage in false or misleading communications so third parties

will not be misguided or misdirected in their understanding of

the services a lawyer is offering to provide potential clients.

Finally, Rule 8.4 prohibits lawyers from certain kinds of

actions, regardless of whether those actions are in furtherance

of the client and regardless of whether the lawyer is acting in

the lawyer’s personal or professional capacities. The various

actions prohibited can bear on the lives and interests of third

parties.

There are two sets of rules that have clear and immediate

consequences for the interests of third parties. The first are

the rules set forth in Section 3, dealing with the advocacy

process. Indeed, certain of these rules are in direct conflict

with the lawyer’s duties to the client. For example, Rule 3.3,

dealing with candor to the tribunal, provides for the lawyer to

reveal confidential communications under some circumstances if

doing so is necessary to correct a false statement concerning

material evidence.4 That same Rule also provides for the lawyer

to report legal authority from the controlling jurisdiction that

is adverse to the client’s interests in the event that authority

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5 The thorough discussion these conflicts and tradeoffsdeserve is beyond the scope of this discussion.

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has not been revealed by the opposing party, and, presumably, is

believed not to be known by the Court.

Most lawyers are already familiar with these rules and

understand what they have to do to abide them. Lawyers may not

appreciate, and so it bears stating here, that the underlying

purpose of these rules is to ensure that cases are decided fairly

and on their merits. Accordingly, such conflicts as exists, and

even tradeoffs between duties owed the client (like

confidentiality and loyalty) and duties owed the advocacy process

(like disclosure of facts and law) reflect a resolution in

context of the relative importance of the client’s interests as

compared with the interest in resolving cases fairly and on their

merits.5

Lawyers generally are much less familiar with the Section 4

rules dealing with Transactions with Persons Other Than the

Client. This group of 4 rules is noteworthy for their concern

with persons unrelated to the lawyer and, at least potentially,

outside of the adversary process. It would not be surprising,

and certainly it would be reasonable, for a lawyer to inquire why

they should act in a way dealing with these third parties that

may not further the interests of their clients and may even be

adverse to the interests of their clients. The obvious response

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is that in drafting the rules the rule makers believed that the

risk of harm to third parties from lawyers is sufficiently great

that some specific guidelines had to be put in place to protect

them. The amount of protection afford by these rules, and the

extent to which the interests of clients are affected or

compromised, tells us how important the rule makers believe these

third party interests are. The future evolution of these rules,

whether in contracting or expanding the protection afforded third

party interests, will tell us the extent of future regard for the

risks third parties confront from lawyers using their greater

knowledge, skill and resources in dealing with third parties when

lawyers are acting in furtherance of their clients’ interests.

Rule 4.1

This rule provides that a lawyer shall not in the course of

representing a client

1. Make a false statement of material fact or law to a

third person; or

2. Fail to disclose a material fact to a third party when

disclosure is necessary to avoid assisting a criminal

or fraudulent act by a client, unless that disclosure

is prohibited by Rule 1.6.

The reference in this Rule to Rule 1.6 is noteworthy. We saw

previously that disclosure to a tribunal to correct a false

statement of material fact permitted, if necessary, a disclosure

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that would otherwise be prohibited by Rule 1.6. Here the

disclosure cannot be made if the disclosure is otherwise

prohibited by Rule 1.6. This demonstrates the relative

importance for the rule makers of the interest in resolving

disputes in the advocacy process fairly and on their merits,

relative to the importance of protecting the interests of third

parties. The rules provide protections of interests in both

instances, but the importance of the goals of the advocacy

proceedings are obviously greater than those of protecting third

parties because in the former the rule makers are willing to

compromise one of the most if not the most important aspects of

the lawyer-client relationship, confidentiality, whereas in the

latter the rule makers are not willing to compromise it.

Rule 4.2 Communications with Persons Represented by Counsel

This rule prohibits a lawyer representing a party to

communicate with a third person about that representation if that

third person is represented by counsel. There are exceptions to

this prohibition, where the lawyer seeking the communication has

permission of the third party’s lawyer to engage in the

communication and where the communication is authorized by law or

court order. This rule does not preclude the lawyer from having

any communications with the third party, only communications

dealing with the lawyer’s representation of the lawyer’s client.

The clear purpose of the rule is to enforce the lawyer’s

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respect for the fact that the third person has retained a lawyer

to protect the third person from whatever risk of harm that may

come from the lawyer communicating with the third party about the

subject of the representation. In other words, the third party

has acted in an affirmative way, by retaining counsel, to protect

the third party’s interests. This Rule prohibits lawyers from

undermining that affirmative act to the detriment of the third

party.

Rule 4.3 Dealing with an Unrepresented Person

This rule imposes several restrictions on lawyers when in

the course of representing a client they deal with unrepresented

third parties:

1. The lawyer shall not state or imply that the lawyer is

disinterested.

In other words, the lawyer cannot through direct action or by

omission from acting have the third party believe that the lawyer

is neutral or even acting in furtherance of the third party’s

interests. The third party needs to know, for purposes of

protecting the third party’s own interests, that the lawyer has

the interests of the lawyer’s client in play, either directly or

indirectly, for purposes of the communication.

2. When the lawyer knows or reasonably should know that

the unrepresented person misunderstands the lawyer’s

role in the matter, the lawyer shall make reasonable

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efforts to correct the misunderstanding.

This rule recognizes that regardless of anything the lawyer

affirmatively or even impliedly does the unrepresented person mat

misunderstand the lawyer’s reason for or purpose in the

communication. In that instance the lawyer must act

affirmatively to inform the third party of what the lawyer is

doing in this communication. In this way, again, the third party

is put in a position to take action to protect the third party’s

own interest.

These prohibitions have the clear potential to compromise or

undermine the lawyer’s effort on behalf of the client. In

providing the information required by this rule to the third

party the lawyer can expect that in at least some situations the

third party either will not communicate information the lawyer

otherwise would have obtained or the lawyer may not be able to

have the communication at all. In either event the lawyer will

not have information the lawyer otherwise would have had to

advance the client’s interests. One can readily expect that a

client would prefer the lawyer not provide the disclosures

required by this rule. However, the rule makers, recognizing

again the power disparity between the lawyer and the

unrepresented third party, impose disclosure requirements that

give the third party at least the opportunity to protect the

third party’s own interests, to the detriment, very likely, of

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the interests of the client.

3. The lawyer shall not legal advice to an unrepresented

third person other than the advice to secure counsel,

if the lawyer knows or reasonably should know that the

interests of such person are or have a reasonable

possibility of being in conflict with the interests of

the client.

Note that this restriction only applies when the lawyer knows or

reasonably should know that there is a conflict in the interests

of the client and the unrepresented third party. When there is

such a conflict there is the risk that any substantive advice the

lawyer gives will be tainted, wittingly or unwittingly, by the

lawyer’s interest in advancing the goals of the client. One

would anticipate that most lawyers would try very hard not to

allow the interests of the client affect the advice given. One

could further anticipate that unrepresented third parties would

readily welcome any advice they could get, especially if they

lack the resources to retain counsel or do not have the skills

and network to obtain counsel. Notwithstanding these

considerations, the risk is so great of even inadvertently given

advice in furtherance of the interests of the client and contrary

to the interests of the third party that the rule makers

determined it is best to impose the simple and bright line

restriction that is imposed here.

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Rule 4.4 Respect of Rights for Third Persons

(a) In representing a client, a lawyer shall not use means

that have no substantial purpose other than to

embarrass, delay or burden a third party, or use

methods of obtaining evidence that violate the legal

rights of such person.

This rule implements the professionalism principle noted

previously in the MRPC Preamble. It is at once a very broad

rule, covering a wide range of conduct, and a very simple rule in

telling lawyers what they must do, or forebear from doing, to

respect the rights of third parties generally.

The comment to this Rule bears noting in that it expressly

recognizes that this rule is subordinating the interests of the

client to some degree in favor of the interests of a third party.

The comment acknowledges that lawyers owe duties to their

clients, and though not specifically referenced these include the

rules in Title 1. However, those duties owed to clients cannot

be pursued in disregard of the rights of third parties, both

under applicable law and, apparently, simple civility.

(b) A lawyer who receives a document or electronically

stored information relating to the representation of

the client and knows or reasonably should know that the

document or electronically stored information was

inadvertently sent shall promptly notify the sender.

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6 See, for example, Ethical Rule 4.4, Arizona Rules ofProfessional Responsibility.

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This issue is discussed further below.

For the present it bears noting that neither this rule nor

the accompanying comments impose further requirements on the

lawyer beyond notifying the sender. One could imagine other

responsibilities, and some other jurisdictions impose other

responsibilities, like stabilizing the situation to give the

sender a reasonable opportunity to take protective measures.6 In

stopping short of specifying such action and either encouraging

consideration of that action (as through a “may” requirement) or

requiring such action (as in a “shall” requirement) the rule

makers are limiting the protection afforded the third person’s

interests relative to the lawyer’s interests in and duty owed to

the client.

In summary, the rules in Section 4 clearly show a specific

concern by the rule makers in the issues and problems third

parties confront when they interact with lawyers representing

clients. The rule makers acted on these interests by imposing

certain requirements for and setting certain restrictions on how

lawyers act in dealing with third parties. These requirements

and restrictions are measured for how they resolve the lawyer’s

duties owed to clients and the rule maker’s concerns for third

parties, but they are applicable rules to be abided. The point,

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7 This observation is based on an April, 2013 search ofthe Westlaw database for journal and periodical articles dealingwith the lawyer’s duty to others. It does not consider textchapters, and particularly law school text chapters, addressingthis issue.

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in closing, that lawyers are equally obliged to take note of and

act consistent with these third party protection rules as they

are the rules governing their relationships with their clients,

as well as the remaining rules in the MRPC.

Other Commentators on Duties Owed Third Parties

There are remarkably few discussions of the lawyer’s duty to

others in the literature generally accessed by and accessible to

practicing lawyers.7 There is a very brief discussion about a

lawyer’s duty of honesty to others in an Iowa Practice series

dealing with lawyering.

As the Iowa Supreme Court maintained in Committee onProfessional Ethics & Conduct v. Bauerle,[1]“[f]undamental honesty is the base line and mandatoryrequirement to serve in the legal profession.” While alawyer owes more than simple honesty to a client andhas an affirmative duty to keep the client fullyinformed and candidly counseled,[2] the lawyer isobliged to refrain from direct dishonesty anddeliberate deception when dealing with persons otherthan clients. In sum, a lawyer need not volunteerinformation to a third person, but when the lawyer doesspeak, he or she may not lie.

Under paragraph (a) of Rule 4.1 of the Iowa Rules ofProfessional Conduct, the lawyer is prohibited frommaking “a false statement of material fact or law” to aperson other than a client. Under paragraph (b) of Rule4.1, the lawyer is forbidden to remain silent whenfailure to disclose “a material fact” would assist acriminal or fraudulent act by the client. Theobligation of disclosure imposed by paragraph (b) of

197

8 Gregory C. Sisk, Truthfulness in Statements to Others,Iowa Practice, Lawyering and Judicial Ethics §8.1(b)

9 Stephen D. Easton, The Truth about Ethics and Ethicsabout the Truth: An Open Letter to Trial Attorneys, 13 GonzagaLaw Review 463 (1997-1998)

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Rule 4.1 is lifted when revelation would violate a dutyof confidentiality under Rule 1.6.[3] However, therecent addition of new exceptions to confidentiality inRule 1.6[4] has drained some, perhaps most, of theforce from the confidentiality qualification to themandatory duty to disclose stated in Rule 4.1(b).8

This obligation to communicate honestly when dealing on behalf of

a client with third parties is part of the lawyer’s broader duty

to conduct the lawyer’s practice at all times with honesty.

Before leaving the subject of honesty, observations in an

older commentary about honesty in trial practice bear

consideration.9

As you know, our profession in general, butparticularly that branch of it occupied by those of uswho try cases, suffers from a dismal reputation. To putit bluntly, the public believes that we are liars.

Our usual response to surveys, jokes, and otherindications that the citizenry does not trust us, is toattack the knowledge of those who judge ourtrustworthiness so harshly. They simply do notunderstand us, and what we do, right? In anappropriately legalistic phrase, they know not of whatthey speak.

Or do they? It is time for us to consider thispossibility. Maybe, just maybe, they are right. Do welie?

As is often the case with an interesting questioninvolving the law and lawyers, the answer dependslargely upon the definition of the critical term. “Lie”

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is a word that is both harsh and imprecise. Does itinclude saying something when you do not really believeit? To many, if not most, non-lawyers, such a statementwould be within the boundaries of the term “lie.” If itis, those non-lawyers are right when they suggest welie regularly.

We often take positions in court we do not reallybelieve are fully, or even substantially, correct.Examples are easy to find. When we represent aplaintiff with a solid case for $250,000 in damages, westretch a minor injury into a disabling condition in aneffort to convince jurors to award millions. When werepresent a defendant who is clearly responsible for anaccident, we contest liability. When we prosecute, weovercharge and push for a conviction on the maximumoffense, sometimes calling law enforcement witnesseswho exaggerate on the stand. When we defend, we foregoan effort to limit the conviction to a legitimatelesser included offense and try to convince the jurorsthe defendant is innocent, often relying upon testimonywith little validity.

Certainly, our ethical standards regarding candorcontain little, if anything, to restrict us from takingpositions we do not fully believe in. In its strictestrestraint upon our statements in court, the relevantABA Model Rules of Professional Conduct merely prohibitus from “knowingly . . . mak[ing] a false statement ofmaterial fact or law to a tribunal.” In what amounts toa restatement of this provision, the Rules also state,“[a] lawyer shall not knowingly . . . offer evidencethat the lawyer knows to be false. If a lawyer hasoffered material evidence and comes to know of itsfalsity, the lawyer shall take reasonable remedialmeasures.”

Let us be honest, at least about this. Those“restrictions” contain two major loopholes that leavesavvy trial attorneys sufficient room to make almostunlimited statements, even when we do not reallybelieve them, and to present plenty of evidence.

The first loophole is materiality. What, afterall, is material, especially in the eyes of a trialattorney? Certainly a slight twist, a littleexaggeration, or a harmless minimization of what wereally believe does not count. After all, who are we

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to judge the truth? That is not our job, right?

That leads to the second ethical restrictionloophole, potentially even wider in scope than thefirst, which is provided by the qualifier “knowingly.”All of us know how to play that game. We avoidacquiring any knowledge that would prevent us frompursuing the strategies our clients want us to pursue.In a broader sense, we can even convince ourselves thatthere is no “truth,” or at least no truth that isascertainable by attorneys. Because it is the jury'sjob to determine the truth, we tell ourselves,attorneys neither can nor should determine it.

Indeed, many would and have argued that ourethical obligation to zealously represent our clients'interests prevents us from shackling ourselves withindependent determinations about the truth. If we makedeterminations about the truth, those determinationsmay prevent us from pursuing the theories our clientswant us to pursue in court. The protection of the“knowingly” loophole may be removed. In other words, astrial attorneys, we dare not even concern ourselveswith determining what is true, lest we limit our opportunity to pursue our client's wishes.

With all due respect to the long history of thislogic, it is hogwash. Of course we make determinationsabout what is true. In fact, such determinations areperhaps the most important judgments that we make forour clients. We investigate fact witnesses. Weconduct extensive discovery to find and evaluatepotential evidence. We check backgrounds of potentialexpert witnesses. We use the instincts honed throughthe rigors of previous trials and our good old commonsense to analyze our cases, and to determine thebelievability of potential witnesses and evidence.Before we enter the courtroom, we make dozens ofdeterminations about the truth.

Try as we might, we cannot simply pretend that wehave not made those determinations about truth once thetrial starts. Instead, these determinations color ourview of the case and the justness of the cause we arepursuing in the courtroom. When we pursue arguments,present evidence, or make statements that are notconsistent with our core belief about the truth in thecase, it shows.

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Long ago, Ralph Waldo Emerson said:

I have heard an experienced counsellor [sic]say that he never feared the effect upon ajury of a lawyer who does not believe in hisheart that his client ought to have averdict. If he does not believe it, hisunbelief will appear to the jury, despite allhis protestations, and will become theirunbelief.

Emerson's friend was right. Think back to thecases that you have tried. When were you mosteffective? When you believed, to the very core of yourbeing, that the verdict must be for your client. Thatbelief gave you the power to present a sincere,impassioned, and effective case.

The problem with sincerity, of course, is that itis tough to fake! Sure, there are a few, but only avery few among us, who can actually pull it off. Therest of us will give ourselves away when we stretch orstray from our core beliefs about the truth.

That gets us back to the fundamental ethicalrequirement of representing our clients' interestszealously. What good is zealousness if it isineffective? Indeed, it is instructive that the word“zealous” no longer appears in the ABA's outline of ourprofessional responsibilities. While Canon 7 of the oldModel Code stated that “a lawyer should represent aclient zealously,” the new Model Rules of ProfessionalConduct simply state that “[a] lawyer shall act withreasonable diligence.” The term “diligence” certainlyincludes the concept of effectiveness. Because we loseeffectiveness when we stray from our determinationsabout truth, our ethical requirement of diligence maytie us more to the truth than the ethical provisionsabout candor.

But, you ask, how can we be wedded to the truthwhen our opponents refuse to be? From our earliestdays in law school, we believed that when an opponenttakes an extreme position, we must take an equallyextreme position. We believe that only such a counterwill lead to the correct decision, which lies somewherebetween the two equally extreme positions.

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This logic ignores the tremendous opportunitypresented by the overwhelming percentage of jurors whoexpect attorneys to lie to them. After all, you arenot the only attorney in the courtroom. If youropponent stretches, distorts, and otherwise “lies,” shewill simply meet the jurors' expectations, and she willhave little credibility. If you are willing to stakeout a reasonable position, make only absolutely correctstatements, and present credible witnesses andevidence, you will gain a tremendous advantage over anexaggerating opponent.

It is not easy to overcome the jurors' inherentmistrust in attorneys. You cannot demand credibility.You must earn credibility by constantly resisting thetemptation to fight fire with fire when your opponentstrays from the truth. But the prize of credibility isworth the effort. If the jurors have come to trust you,they will believe you when you tell them in finalargument that they must return a verdict for yourclient.

Until we decide that the ethical and effective wayto try cases is to stick to positions in which wehonestly believe, we cannot legitimately complain aboutthe public's dismal view of our profession. Onceenough of us decide to try cases that way, we justmight change that reputation.

Our conduct in public settings like trials and other hearings

provides others with a window on what they can expect from

lawyers. Such conduct should be consistent with the rules of

ethics and principles of professional responsibility so they send

the message we want to send about what others should expect in

their dealings with us on this central issue of honesty.

Another publication deals with an issue lawyers confront not

infrequently in practice, the inadvertent receipt of written

communications directed to third persons. The frequency with

which this issue arises for private practitioners has greatly

202

10 Joseph L. Paller, Jr., “Gentlemen Do Not Read EachOther’s Mail: A Lawyer’s Duty Upon Receipt of InadvertentlyDisclosed Information, 21 Labor Lawyer 247 (Winter/Spring, 2006).

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increased with the advent and now common use of email

communications. This is in part a function of the explosion of

written communications that has come with the use of email, but

also because of the ease with which it is possible to make

mistakes in identifying recipients of email in the course of

preparing an email letter. In this context, the following

abridged excerpts from a 2006 article in inadvertent disclosures

bear reading.10

“Gentlemen do not read each other's mail.” Thiswas Secretary of State Henry Stimson's post-PearlHarbor justification for closing the State Department'scode-breaking office in 1929. As this paper will show,some courts have applied similar reasoning insanctioning lawyers for using inadvertently disclosed,privileged information.

Imagine the following scenario. In response to arequest for production of documents, you have justreceived electronic data that include thousands ofemails. A quick search discloses damaging admissions bythe opposing party's CEO. Unfortunately, the admissionsare contained in a series of emails to the opposingparty's former counsel, and the emails were clearlyprivileged at the time they were sent. The emails werenot included in the privilege log that accompanied thedocument production. It therefore seems likely thatyour opposing counsel did not know of their existenceand that they were inadvertently produced.

What should do you do? Can your firm bedisqualified because you looked at the privilegedinformation? Do you have to tell opposing counsel whatyou found? Do you have to delete or return the emails?Or has the opposing party waived the attorney-client

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privilege by providing the documents?

....ABA Formal Ethics Opinion 05-437—dealsindirectly with these issues. The new Opinion isgrippingly titled “Inadvertent Disclosure ofConfidential Materials: Withdrawal of Formal Opinion92-368 (November 10, 1992).” It consists of a singlesentence:

A lawyer who receives a document fromopposing parties or their lawyers and knows orreasonably should know that the document wasinadvertently sent should promptly notify thesender in order to permit the sender to takeprotective measures. To the extent that FormalOpinion 92-368 opined otherwise, it is herebywithdrawn.

The withdrawn 1992 Opinion required recipients ofinadvertently disclosed information to shut their eyes,call opposing counsel, and follow his or her orders:

A lawyer who receives materials that on theirface appear to be subject to theattorney-client privilege or otherwiseconfidential, under circumstances where it isclear they were not intended for thereceiving lawyer, should refrain fromexamining the materials, notify the sendinglawyer and abide the instructions of thelawyer who sent them.

In contrast, the new Opinion merely requires therecipient to “promptly notify the sender” of the error,leaving it to the sender to “take protective measures”(presumably by running to court).

The new Opinion brings the ABA's ethics opinionsin line with the Model Rules of Professional Conduct(Model Rules). Model Rule 4.4(b), added in 2002,provides:

A lawyer who receives a documentrelating to the representation of thelawyer's client and who knows or reasonablyshould know that the document wasinadvertently sent shall promptly notify thesender.

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According to the ABA, a lawyer's obligation tonotify the sender applies “regardless of whether thedocument appears confidential.” The drafters of Rule4.4(b) punted on other critical issues, however, suchas whether the recipient can use the document or mustreturn or destroy it.

Whether the lawyer is required to takeadditional steps, such as returning theoriginal document, is a matter of law beyondthe scope of these Rules, as is the questionof whether the privileged status of adocument has been waived.

Comment [3] provides a measure of comfort forlawyers who would choose, as a matter of personalethics, to return inadvertently transmitted documentswhen state and ethics rules do not require them to doso. “[T]he decision to voluntarily return such adocument is a matter of professional judgmentordinarily reserved to the lawyer.”

In addition, the commentary makes it clear thatRule 4.4(b) applies to inadvertent, not unauthorized,disclosures. Where unauthorized disclosures haveoccurred, another ABA ethics opinion requires that ifthe lawyer knows that documents were misappropriated orotherwise improperly obtained, the lawyer shouldrefrain from reviewing them or limit review to theextent required to determine how to proceedappropriately. The lawyer should also notify opposingcounsel of the receipt of the materials and eitherfollow that lawyer's instructions with respect to theirdisposition or refrain from using them pending judicialreview. These duties are similar to those imposed bywithdrawn Formal Opinion No. 92-368.

The 1994 Opinion permits the receiving attorney toignore these requirements, however, if the documentswere obtained “from someone acting under the authorityof a whistleblowing statute” or if the receiving lawyercan legitimately assert “that the documents should havebeen, but were not, produced” in discovery.

What are the obligations of the attorney whoinadvertently discloses privileged information toopposing counsel? Under the Model Rules, the lawyer

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must notify the client when confidential informationhas been inadvertently transmitted to opposing counsel.The Model Rules and ABA ethics opinions offer nofurther guidance for the disclosing attorney.

Unfortunately for proponents of the 2005 Opinion,the 1992 Opinion may prove difficult to bury. Courtsand disciplinary bodies in a number of jurisdictionshave disqualified or sanctioned lawyers in other waysfor using, failing to return or merely readinginadvertently obtained documents that they knew orshould have known contained confidential information.

For example, the California Supreme Court has justgranted review of an appellate court decision upholdingthe disqualification of the plaintiffs' legal team forfailing to disclose their acquisition of inadvertentlydisclosed notes protected by the work-product doctrineand for then using the notes to impeach an expertwitness in a deposition.

Rico was a personal injury and products liabilityaction arising out of an SUV rollover. The passengers'attorney obtained a twelve-page memo when a defenseattorney unintentionally left the document in aconference room following a deposition of an expertwitness for the defense. The memo was a summary of ahighly confidential six-hour meeting between thedefense attorneys and their team of experts. Itcontained statements by defense experts that allegedlycontradicted their deposition testimony, leadingplaintiffs to later “accuse the defense experts oflying about the technical evidence involved in thecase.”

How the passengers' lawyer obtained the documentwas disputed. He claimed that a court reporteraccidentally delivered the document to him. The defenseattorney insisted that this was untrue and “that thedocument was taken from his files when [the passengers'attorney] temporarily commandeered the deposition roomfor a personal meeting.”

It was undisputed that the passengers' attorney,“[r]ealizing that he had in his hand a ‘powerfulimpeachment document,’ ... made a copy for himselfbefore returning the original to the court reporter.[He] then made additional copies and sent them to

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plaintiffs' experts and the other [plaintiffs'] attorneys.”

Plaintiffs' possession of the document came tolight when the passengers' attorney used it forimpeachment purposes during the deposition of a defenseexpert witness. When defense counsel learned that thepassengers' counsel had the document, they informed himthat the document was confidential and privileged. Twodays after the document was used at the deposition,defense counsel moved the trial court to disqualify theplaintiffs' entire legal team (not just the passengers'attorney), including their experts.

The trial court granted the motion, finding thatalthough the document was obtained through inadvertencerather than theft, the passengers' attorney “violatedhis ethical duty by failing to notify opposing counseland using the document.” The trial court stayed furtherproceedings in the case to give plaintiffs anopportunity to retain new attorneys and experts.

The court of appeal affirmed the disqualificationorder. The appellate court found that the document wasprotected by the attorney work-product privilegebecause it contained the defense attorney's thoughtsand impression, but not by the attorney-clientprivilege because it contained no clientcommunications.

The decision concludes that the passengers'lawyer, upon his discovery of the notes “which wereplainly privileged,” should “not have examined thedocument any more than was necessary to determine thatit was privileged, and should have notified [defensecounsel] immediately to avoid any potential prejudice.”

In reaching this conclusion, the Rico court reliedon now-repealed Formal Ethics Opinion 92-368 (1992), asfiltered through an earlier California decision, StateCompensation Insurance Fund v. WPS, Inc. According toRico:

[T]here is an ethical duty immediately todisclose inadvertently received privilegedinformation. More precisely, an attorney whoinadvertently receives plainly privilegeddocuments must refrain from examining the

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materials any more than is necessary todetermine that they are privileged, and mustimmediately notify the sender, who may notnecessarily be the opposing party, that he isin possession of potentially privilegeddocuments.

The court of appeal upheld the disqualification ofplaintiffs' legal team because “the damage wasirreversible” inasmuch as “plaintiffs' counsel andexperts had information that inevitably would have beenused in preparing for trial.”Another Case Ordering Disqualification: Abamar Housing& Development v. Lisa Daly Lady Décor

Rico is not the only published decision upholdingdisqualification as a sanction for use of inadvertentlydisclosed information. A Florida court disqualifiedplaintiffs' counsel after he received a privilegeddocument mistakenly sent by opposing counsel. Thedisqualification order was based on the unfair tacticaladvantage plaintiffs' counsel gained from thedisclosure.

According to an earlier decision involving thesame issue, approximately seventy boxes containing over100,000 documents were produced in the course ofdiscovery, including two files containing twenty-threeprivileged documents that had not been listed in theprivilege log. Unlike the appellate court in Rico, theAbamar opinions do not describe the nature of theprivileged documents or why they were important to thelitigants.

In Abamar Housing I, the appellate courtinstructed the trial court:

[T]o enter an order requiring the return ofall copies of the privileged documentsoutlined in petitioners' motion before thetrial court, including copies disseminated byrespondents to third parties, striking theuse of the documents for any purpose, andforbidding respondents any further use of,reference to, or reliance on the privilegeddocuments.

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In Abamar Housing II, the appellate court orderedthe attorney's disqualification based on “theplaintiffs' recalcitrance in rectifying the disclosure,and the unfair tactical advantage gained from suchdisclosure.” In addition, “[t]here was no requirementto demonstrate prejudice” as a prerequisite fordisqualification. The decision suggests thatdisqualification can be avoided if the recipient of theinadvertently disclosed information promptly notifiesopposing counsel of his or her receipt of theinformation and returns the inadvertently produceddocuments without taking unfair advantage by, forexample, copying the documents.

Other courts have refused to disqualify orsanction counsel. For example, a California caseoverturned an award of sanctions against theplaintiffs' attorney for examining and utilizing amemorandum from opposing counsel to the defendant thathad been inadvertently disclosed. The plaintiffs'attorney did not inform anyone that he had received thememorandum, which revealed the existence of a secretwitness. The appellate court concluded that there wasno duty to disclose the receipt of the document sincethe identities of witnesses are not privilegedinformation under California law. In addition, thedefendant should have revealed the identity of thewitness in the course of discovery.

The decision also holds that the plaintiffs'attorney was ethically obligated to use theinformation, stating that “[o]nce he had acquired theinformation in a manner that was not due to his ownfault or wrongdoing, he cannot purge it from his mind.Indeed, his professional obligation demands that heutilize his knowledge about the case on his client'sbehalf.”

Another California court ruled that sanctions wereinappropriate when inadvertently disclosed documentswould have been discoverable through normal channels.

Other courts have denied disqualification andother sanctions when it appears possible to limit thepotential harm caused by the inadvertent disclosure. InTransportation Equipment Sales Corp. v. BMY WheeledVehicles, for example, the court ordered plaintiff's

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counsel to return the document and to identify all towhom the document had been made available or who hadlearned of its contents. Those persons were to be givena copy of the order and instructed to deliver allcopies of the document and any documents directly orindirectly referring to it to plaintiff's counsel, whowas then to file the documents under seal.

Some courts have issued more limited orders,simply precluding the recipient from using or furtherdisclosing the document's contents. The argument thatdisqualification is warranted because the “bell hasalready been rung” was found untenable by one federaljudge because it “rests on an unduly narrow conceptionof the interests protected by the privilege.” Theattorney-client privilege “protects against bothdisclosure and use” and “preventing the latter issufficient to promote at least one of the purposes ofthe privilege.”

Does inadvertent disclosure waive theattorney-client privilege? The courts are split.

Some federal courts take a strict liabilityapproach, finding that inadvertent disclosure waivesthe privilege regardless of whether the sender wasconscientious or careless in preserving theconfidentiality of the information.

Other courts have taken a more lenient approach,ruling that the privilege cannot be waived through anattorney's inadvertent disclosure because waiverrequires a knowing relinquishment by the client. Underthis approach, inadvertently produced documents thatare otherwise protected by attorney-client privilegeremain protected.

California follows this “lenient rule.” Anattorney's inadvertent disclosure of privilegedinformation ordinarily does not waive the privilegeabsent the privilege holder's intent to waive. Incontrast, a waiver of the privilege by the client mayoccur “either by disclosing a significant part of thecommunication or by manifesting through words orconduct consent that the communication may bedisclosed.”

Most courts take a middle ground, focusing on the

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adequacy of the precautions taken against inadvertentdisclosure. These courts have adopted a five-part test,examining (1) the reasonableness of the precautionstaken to prevent inadvertent disclosure in view of theextent of the document production, (2) the number ofinadvertent disclosures, (3) the extent of thedisclosure, (4) any delay and measures taken to rectifythe disclosures, and (5) whether the overridinginterests of justice would be served by relieving aparty of its error.

The first of these five elements is typically themost important. In fact, a few courts have held that aninadvertent disclosure of confidential communicationsthat resulted from a failure to take reasonable stepsto maintain the confidentiality of the information issufficient to waive the attorney-client privilege.

The ABA Committee's withdrawal of Formal Opinion92-368 may have come too late to undo judicialdecisions holding that it is not enough to notifyopposing counsel of the receipt of inadvertentlydisclosed documents containing privilegedcommunications and then to await further direction fromthe court. Several jurisdictions, including California,have relied on Formal Opinion 92-368 to require thatthe attorney also must refrain from examining and usinginadvertently obtained documents for any purpose, andmust return them upon opposing counsel's request.

Other courts (mostly federal courts) long agorejected Formal Opinion 92-368 and shifted to the otherextreme, holding that an inadvertent disclosure waivesthe attorney-client and work product privileges.

It bears reviewing Rule 4.4, MRPC, and the comments therein to

compare this commentator’s views and observations with what is

required of lawyers subject to the MRPC.

Finally, it bears recalling that our conduct as lawyers is

informed not just by the ethical rules we are obliged to abide,

but also by professionalism principles to which we are expected

to aspire in the everyday practice of law. A recent article

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urges lawyers to make civility a part of their practice. In

doing so lawyers would take a long step forward in interacting

with others as the Bar intends them to do.

Citing the need for a return to “civility,” courtshave become increasingly willing to sanction lawyerssolely for being uncivil. An example is Sahyers v.Prugh, Holliday & Karatinos. Sahyers, a paralegal, lefther job at a law firm and believed the firm owed herback pay for uncompensated overtime. She retained anattorney who sued her former firm to recover theovertime wages. The lawyer brought suit against theformer firm without giving any pre-suit notice. Afterdiscovery, the defendant law firm made an offer ofjudgment for $3500 plus any attorney's fees or coststhe court imposed. The plaintiff accepted the offer,and her attorney sought $13,800 in attorney's fees andcosts, to which the defendant objected. After ahearing, the district court refused to award any feeseven though a prevailing plaintiff in a Fair LaborStandards Act (“FLSA”) case is ordinarily entitled toreasonable fees and costs. The court held that thefailure of the attorney to contact the defendant lawfirm prior to filing suit was a “conscious disregardfor lawyer-to-lawyer collegiality and civility [which]caused . . . the judiciary to waste significant timeand resources on unnecessary litigation and stood instark contrast to the behavior expected of an officerof the court.” On appeal, the U.S. Court of Appeals forthe Eleventh Circuit affirmed the denial of fees,citing the district court's inherent “authority topolice lawyer conduct and to guard and promote civilityand collegiality among the members of its bar.”Sahyers, and cases like it, represent the increasingwillingness of courts to sanction lawyers based solelyon a lack of “civility.”

The increased attention to civility is not limitedto the bench. In December 2007, the Illinois SupremeCourt Commission on Professionalism approved a study oflawyers to ascertain how Illinois lawyers perceivedcivility. The survey, which sampled 1079 lawyers atrandom, was less than encouraging. Ninety-five percentof the respondents stated that they had experienced orwitnessed unprofessional behavior throughout theircareers. In fact, seventy-nine percent of the

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respondents stated that they had experienced rudenessor strategic incivility within the last month. Evenaside from these specific claims of uncivil conduct,seventy-two percent of respondents categorizedincivility as a serious or moderately serious problemin the profession.

With its increasing importance, it is worthconsidering the nature and parameters of the obligationof civility. This article proposes that civility mustbe considered a unique obligation distinct from“ethics” and “professionalism,” and sets out toidentify and define the core concepts of civility. Tothis end, Part II details the rise of the civilitymovement. Part III identifies ten overarching conceptsof civility derived from a content analysis of civilitycodes adopted by thirty-two state bar associations.Finally, Part IV discusses how the obligations ofcivility are distinct from other professionalobligations, specifically legal ethics andprofessionalism.

Before defining civility, it is helpful to trace therise of the call for civility that led to the adoption ofcivility codes by state bar associations. Perhaps themost common argument is that civility once existed in thebar, but has eroded over time. This was the centralconcern of the U.S. District Court for the NorthernDistrict of Texas, which stated in an opinion adopting acode of professionalism:

We address today a problem that, thoughof relatively recent origin, is so perniciousthat it threatens to delay the administrationof justice and to place litigation beyond thefinancial reach of litigants. With alarmingfrequency, we find that valuable judicial andattorney time is consumed in resolvingunnecessary contention and sharp practicesbetween lawyers. Judges and magistrates ofthis court are required to devote substantialattention to refereeing abusive litigationtactics that range from benign incivility tooutright obstruction. Our system of justicecan ill-afford to devote scarce resources tosupervising matters that do not advance theresolution of the merits of a case; nor canjustice long remain available to deserving

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litigants if the costs of litigation arefueled unnecessarily to the point of beingprohibitive.

As judges and former practitioners from variedbackgrounds and levels of experience, we judicially knowthat litigation is conducted today in a manner fardifferent from years past. Whether the increased size ofthe bar has decreased collegiality, or the legalprofession has become only a business, or experiencedlawyers have ceased to teach new lawyers the standards tobe observed, or because of other factors not readilycategorized, we observe patterns of behavior thatforebode ill for our system of justice. We now adoptstandards designed to end such conduct.

The question of whether lawyer incivility is trulyof “recent origin” is debatable. Some argue that, infact, there was no Golden Age of civility, but instead atime when the legal community was small, closed, anddiscriminatory. According to this argument, civility wasmaintained by barring entry to those who would bringdiverse viewpoints to the bar.

Regardless of how recent the rise of incivility maybe, a number of authors presume the existence ofincivility and put forward rationales to explain itsorigins. One argument is that the rise of incivility isa matter of ignorance on the part of both lawyer andclient who do not understand that civility is expected.Others argue that lawyers, being the product of anindividualistic and uncivil society, will be uncivilthemselves. Another explanation is that law firms, wherea young lawyer often learns his or her values, fosterincivility. Underlying this rationale is the belief thatlaw firms create a culture where finding and retainingwork, billing, and collecting fees result in a narrowfocus on winning at all costs, and thus, the sacrifice ofcivility. Continuing the litany of explanations, somepoint to the “imbalance” in a lawyer's view of her rolein the legal process. Lawyers who view their duties asprimarily to their client--as opposed to the integrity ofthe legal system as a whole--increase incivility in thebar.

Some point to demographic factors, such as the“decline in lawyers' wages [and] . . . the growth in thepercentage of lawyers in the population” as contributing

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causes. Prevalence of lawyer advertising has alsoreceived blame, as has the failure of law schools toprovide an adequate model of civility for students. Stillothers argue that the increasingly non-local nature ofthe legal practice increases incivility because (1) withan increased market area, a lawyer is less likely to dealrepeatedly with the same players, and there is less costto attorneys who act uncivilly because they will likelynot interact with opposing counsel on a regular basis;(2) the expanded market increases the out-of-courtinteractions (such as depositions) between lawyerswithout commensurate supervision by courts or otherregulatory bodies; and (3) the increase in theheterogeneity of the bar has led to less camaraderieamong lawyers and a corresponding decrease in civility.Yet this is only a partial list of the alleged culpritsof practitioner incivility; indeed, the causes areseemingly endless.

Those citing to one of the foregoing as a cause ofthe rise of incivility call for an enforcement mechanismto reclaim civility. Others, however, are skeptical ofthe civility movement and see the effort as motivated bythe self-interest of a select few to keep the bar asinsulated as possible. For example, Professor Amy R.Mashburn argues that civility codes are attempts by anincreasingly isolated legal elite to impose their valueson other lawyers that they consider less prestigious.

With the range of reactions to the supposed declinein civility, perhaps the only agreement is that there isa perception that something called “civility” is allegedto be lacking in lawyers today. Those who argue that adecline in civility has occurred assert that it has morethan theoretical consequences. They argue that a decreasein civility results in an increase in litigationcosts--an uncivil lawyer opposes every suggestion of heropponent, delays resolution of the claim, and incursadditional fees in the process. Costs are also imposed onjudicial resources because frivolous motions andunmeritorious conduct require frequent intervention byjudicial officers. The cumulative effect harms theprofession's image in the eyes of the public.

The current method for addressing incivility isthrough the education of lawyers. An education incivility allows lawyers to change the culture by actingin a civil manner and mentoring young lawyers to do the

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same. The first step in this process was the adoption ofstandards of civility by courts and bar associations.This introduction of civility codes as teaching tools issimilar to the introduction of the Canons of Ethics in1908, which were not originally adopted as disciplinableobligations, but rather as means to inform new lawyers ofthe ethics of the profession. To this end, the statedpurpose of civility codes is to “clarify and toarticulate important values held by many members of thebench and the bar” by placing expected standards ofcivility in one document. These civility standards arenot meant to be a substitute for ethical codes, but to“impose obligations above and beyond the minimumrequirements” of ethical rules. As one author noted, thepurpose of the codes is to provide “unifying, clarifying,and anchoring standards” that articulate “best practices”or “values” for practitioners. This recognition that theobligations of civility are not commiserate with ethicalobligations is important. For example, a lawyer's ethicalobligation to zealously pursue a client's interests maybe inconsistent with the obligation to cooperate and toforego certain advantages that may arise in the course oflitigation.

The concern that lawyers may feel ethicallyconstrained by civility codes has not gone unnoticed.Sanctioning lawyers for incivility runs the risk ofchilling zealous advocacy. A lawyer who is afraid ofincurring sanctions for acting in an uncivil manner islikely to refrain from commenting, even if the statementis true and would be in the client's best interests. Thismakes a clearly delineated set of civility conceptscrucial to ensure that lawyers know what is and is notallowed under the nomenclature of civility.

With conflicting views on the presence and value ofthe civility movement, it is helpful to understand whatis commonly meant by the term “civility.”

.... the most common provisions can be categorizedinto ten overarching themes. Although some codes havemore detail than others, the goal here is to distill thecommon aspects of civility across jurisdictions. The tencommon concepts include the obligation to (1) recognizethe importance of keeping commitments and of seekingagreement and accommodation with regard to scheduling andextensions; (2) be respectful and act in a courteous,cordial, and civil manner; (3) be prompt, punctual, and

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prepared; (4) maintain honesty and personal integrity;(5) communicate with opposing counsel; (6) avoid actionstaken merely to delay or harass; (7) ensure properconduct before the court; (8) act with dignity andcooperation in pre-trial proceedings; (9) act as a rolemodel to the client and public and as a mentor to younglawyers; and (10) utilize the court system in anefficient and fair manner. Each of these concepts isdiscussed in detail below.

Keeping Commitments and of Seeking Agreement andAccommodation with Regard to Scheduling and Extensions

Codes provide detailed obligations regarding keepingcommitments and seeking accommodation with opposingcounsel when scheduling or rescheduling matters orseeking extensions. The general obligation is to agreeonly to commitments that the lawyer reasonably believesshe can honor. In addition to ensuring her availability,the lawyer must also ensure that others involved in theproceeding are available before scheduling an event. Thisincludes scheduling matters by agreement (as opposed tomere notice), and refraining from requesting schedulingchanges for tactical or unfair purposes. Agreement isparticularly important on procedural matters, preliminarymatters, discovery issues, and dates for meetings,depositions, and trial. The justification for emphasizingagreement is to ensure that lawyer and court resourcesare expended on matters of substance, and not on delayscaused by failure to coordinate schedules or proceduraldisputes.

In addition to scheduling by agreement, a lawyershould seek to accommodate opposing counsel throughoutrepresentation. This includes accommodations with regardto meetings, depositions, hearings, and trial. Properaccommodation includes granting requests for extensionsof time and for waiver of procedural formalities, even ifthe same courtesy has not previously been extended to thelawyer. Accommodation should be granted unless such anaccommodation will adversely affect the client. Thedecision to grant an accommodation to opposing counselwith regard to matters that do not directly affect themerits of the case (for example, extensions,continuances, adjournments, and admissions of facts)rests with the lawyer and not the client. It is improperto withhold consent to accommodation or extensions onarbitrary or unreasonable bases, or to place unwarranted

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or irrelevant conditions when granting an extension oftime.

Be Respectful and Act in a Courteous, Cordial,and Civil Manner

Civility codes use various terms to describe alawyer's obligation to remain courteous to those involvedin the legal system. The codes use combinations of wordssuch as “courteous,” “cordial,” “respectful,” “fair,” or“civil.” The obligation of courteousness extends to otherlawyers, clients, the court, office staff, the public,and even the law. It applies to written and oralcommunications.

Courteous behavior is often defined by its opposite.For example, South Carolina provides that “[a] lawyershould avoid all rude, disruptive, and abusive behaviorand should, at all times, act with dignity, decency andcourtesy consistent with any appropriate response to suchconduct by others and a vigorous and aggressive assertionto appropriately protect the legitimate interests of aclient.” Courteousness requires a losing lawyer to avoidexpressing disrespect for the court, adversaries, orparties. Alabama's code goes so far as to say that, todemonstrate courteousness, lawyers should shake hands atthe conclusion of a matter.

A number of codes imply that incivility may arisebecause a lawyer adopts the client's dislike ordisapproval of others in the proceeding. Specifically,codes make it clear that a lawyer should maintain theirobjective independence in the course of representation.Lawyers should not allow “ill feelings” between theparties to affect the actions of the lawyer.

The lawyer's obligation of courteousness extendsbeyond the obligation of a lawyer to regulate his or herown conduct. It also includes a duty on the part of thelawyer to educate clients and others, such as officestaff, of the importance of civility in the legalprocess. Part of this education includes explaining tothe client that courteous conduct “does not reflect alack of zeal in advancing [the client's] interests, butrather is more likely to successfully advance theirinterests.” The recurring theme is that lawyers shouldinform their clients that weakness does not necessarilyfollow from courtesy and civility, and ensure that

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clients understand that “uncivil, rude, abrasive,abusive, vulgar, antagonistic, obstructive, or obnoxious”behavior is not a valid part of effective or zealousrepresentation. Minnesota goes even further to state that“uncivil, abrasive, abusive, hostile, or obstructive”conduct undermines the rational, peaceful, and efficientresolution of disputes--the very attributes of aneffective legal system.

Prompt, Punctual, and Prepared

Civility includes obligations of promptness,punctuality, and preparedness. Underlying these elementsare issues of efficiency and respect for those involvedin a proceeding. A lawyer who is not prompt, punctual, orprepared wastes the time and resources of those involved(including the judicial system), and also demonstratesdisrespect.

A lawyer should be punctual in attendance at eventsthat occur in the course of proceedings, as well as incommunications with clients, with other attorneys, andwith the court. The duty of promptness applies to allaspects of litigation. In its most general sense, alawyer has an obligation to promptly dispose of disputes.In a more specific sense, it obligates a lawyer torespond in a timely manner to communications fromclients, opposing counsel, or others involved in thelegal process. It is improper for a lawyer to fail topromptly respond to a communication merely to seektactical advantage or solely because the lawyer disagreeswith the communication. In addition, a lawyer has anobligation to promptly notify all those interested if ascheduled hearing, deposition, or other event has beencancelled.

A lawyer's obligation to be prepared requiresadequate preparation by the lawyer prior to hearings,trials, depositions, and other commitments. A lawyer mustremain educated with regard to the area of law in whichshe practices. This obligation has two primaryjustifications. First is the need to ensure that theclient maintains respect for her lawyer and the legalsystem. Second, without proper preparation, an attorneyleaves her client underrepresented and compromises theadversarial, truth-seeking process underlying the legalsystem.

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Honesty and Personal Integrity

Civility codes admonish lawyers to maintainintegrity and to be honest. Delaware explicitlyidentifies personal integrity as a lawyer's mostimportant quality and states that personal integrity ismaintained by “rendering . . . professional service ofthe highest skill and ability; acting with candor;preserving confidences; treating others with respect; andacting with conviction and courage in advocating a lawfulcause.” While other codes mention the obligation tomaintain “integrity,” none give this type of detailedexplanation.

With regard to honesty, several codes state that alawyer's word is her bond. While honesty, as a generalmatter, is mentioned repeatedly, the codes citespecifically the obligation to avoid intentionallydeceiving other lawyers and the court. For example, alawyer should refrain from misciting, distorting, orexaggerating facts or the law and should correctinadvertent misstatements of law or fact. Oklahoma statesthat it is dishonest for a lawyer to exaggerate “theamount of damages sought in a lawsuit, actual orpotential recoveries in settlement or the lawyer'squalifications, experience or fees.”

Interactions with Opposing Counsel

Codes provide detailed guidance with regard tocommon interactions between lawyers. The key toevaluating inter-lawyer interactions is whether theinteraction is geared toward legitimately resolving adispute, or is instead intended to gain an unfairadvantage or personally attack an opponent. Underlyingthis concept is a belief that open, fair, respectful, andhonest communication between opposing lawyers will notonly assist in quickly resolving litigated disputes, butwill also help avoid litigating some disputes alltogether. On the other hand, failure of lawyers tointeract civilly can delay resolution of claims andcompromise the public's view of the legal profession.

Lawyers ought to “avoid hostile, demeaning, orhumiliating words in written and oral communications” toopposing counsel. Lawyers should also avoid personalcriticism of other lawyers and statements made solely toembarrass, including statements or insinuation related to

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“personal peculiarities or idiosyncrasies” of otherlawyers. Kentucky sees this problem as lawyers becomingtoo personally involved in their client's case and actinginappropriately toward other lawyers. Kentucky's adviceis to leave the conflict in the courtroom: “A lawyershould recognize that the conflicts within a legal matterare professional and not personal and should endeavor tomaintain a friendly and professional relationship withother attorneys in the matter. In other words, ‘leave thematter in the courtroom.”’

In situations where lawyers exchange documents, theyshould identify changes made to the document, and, whenchanges are agreed to, the lawyers must make only theagreed changes. Furthermore, when communicatingunderstandings or agreements, a lawyer must state theagreement correctly and should not include substantivematters in the document that were not previously agreedupon. Similarly, a lawyer should not set out in acommunication a position that opposing counsel “has nottaken, thus creating a record of events that have notoccurred.” With regard to the need to communicate fairly,Utah, Texas, and Minnesota require lawyers, whenpractical, to notify the other side before seeking anentry of default. Finally, the obligation to communicatecivilly includes the delivery of the communication. Thus,when it is appropriate to send communications to a court,a lawyer should, if possible, deliver copies to opposingcounsel at the same time and by the same means.

A lawyer should not seek sanctions ordisqualification of opposing counsel unless the action isnecessary to protect a client and is fully justifiedafter investigation. This recognizes that a motion forsanctions can destroy the working relationships betweenlawyers and encourage tit-for-tat uncivil conduct.Motions seeking sanctions or disqualification filedsolely for tactical advantage or other improper reasonsare not appropriate. Threats of sanctions are alsoinappropriate as a litigation tactic. Lawyers who engagein such tactics bring the legal profession into disreputeby advancing unfounded arguments.

Actions Taken Merely to Delay or Harass

A fundamental tenet of civility is the engagement infair and efficient litigation or negotiation. This meanslawyers should take steps to avoid costs, delay,

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inconvenience, and strife--that is, tactics that do notaid in truth-finding or the timely and efficientresolution of disputes. Actions taken solely to delay orto harass, or to gain an unfair advantage in litigation,reflect poorly on the legal profession in the eyes of thepublic. In fact, advocacy does not include the right ofunjustified delay or harassment. This obligationessentially places a duty of good faith and fair dealingon lawyers in the course of litigation or negotiation.

Civility codes provide specific examples of conductthat either results in or avoids delay and harassment.Lawyers should not seek an extension of time solely todelay resolution of a matter. Similarly, lawyers shouldnot “falsely hold out the possibility of settlement” todelay resolution of a matter. To avoid such delays,lawyers should stipulate to civil matters not in disputeand withdraw claims or defenses when it becomes clear tothe lawyer that they have no merit. Improper delay occurswhen a lawyer refuses to consider an opportunity toresolve a dispute by settlement or alternative disputeresolution.

A lawyer should not engage in conduct designed toharass opposing counsel and opposing counsel's client. Ofcourse this means in the most literal sense that lawyersshould “not engage in personal attacks” on opposingcounsel or others in the judicial process. Harassment,however, also includes conduct in which the sole purposeis not to resolve a claim, but merely to annoy or imposeadditional costs on those involved in the litigationprocess. Thus, a lawyer should not engage in conductsolely for the purpose of “drain[ing] the financialresources of the opposing party.” A lawyer also shouldnot serve motions or pleadings on an opposing party at atime or in a manner that unfairly limits the opportunityto respond, for example, “late on Friday afternoon or theday preceding a . . . holiday.”

Proper Conduct Before the Court

A lawyer's obligation of civility extends to conductbefore the court and is two-fold: First, a lawyer shouldrespect the court and the system of justice for which itstands. Second, a lawyer should be a model for clientsand others in showing respect for the role of courts inthe legal system. By protecting and respecting thedignity, integrity, and independence of the judiciary,

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lawyers help maintain the legitimacy of the legal systemas a whole. Further, a lawyer's display of civil conducthelps ensure that other participants in the legal processalso maintain due respect for the judiciary and thesymbolism associated with the legal process.

At the most fundamental level, a lawyer should actwith respect and deference when interacting with thebench. Some civility codes provide detailed examples ofwhat is expected. For example, Alabama states that alawyer should “dress in proper attire” and should standwhen addressing the court. Pennsylvania goes further toprovide specific direction to lawyers appearing before acourt, stating that a lawyer should be courteous to thecourt and court personnel. This includes addressing thejudge as “Your Honor” or “the Court” and by beginning anargument with “May it please the court.” Pennsylvaniaadds that while in court, “lawyer[s] should refer toopposing counsel by [their] surname preceded by the[ir]preferred title.” Generally stated, a lawyer should actin a manner that respects the court and its decisions.

A lawyer “should avoid visual [and] verbal displaysof temper toward the court [and bench],” especially whenthe lawyer is on the losing side of a matter.Furthermore, when appearing before a court, a lawyershould direct her arguments to the court, not opposingcounsel, and should avoid embarrassing or personalcriticism of opposing counsel or the court. In addition,a lawyer should avoid “unfounded, unsubstantiated, orunjustified public criticism” of the judiciary, andshould actively protect the court system “from unjustcriticism and attack.”

Obligations to courts extend beyond the duty ofdecorum and the appearance of the court; they also extendto substantive concerns. Lawyers should communicatehonestly with the court on factual and legal issuesbecause the court is relying on the lawyer'srepresentations when resolving disputes. For example, ifa court requests a lawyer to draft an order, the lawyershould draft the order in a manner that correctly statesthe court's holding, should circulate the order toopposing counsel, and should seek to resolve issuesbefore presenting the order to the court. In addition, alawyer must not engage in improper ex parte contacts withmembers of the judiciary.

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The obligation of the lawyer to inform clients andothers about the needs to demonstrate deference andrespect to the court, and to act to prevent clients andwitnesses from disturbing courtroom decorum, is thesecond element of a lawyer's obligation to ensure properconduct before courts. This duty actually has twodifferent components. The first is an obligation not toadvise a client to engage in conduct that demonstratesdisrespect for the court. The second is a requirement toeducate those involved in the legal process about theobligation of demonstrating respect for the court andexplaining what conduct is expected. Washington State'sCreed of Professionalism puts the obligation succinctly:

As an officer of the court, as an advocate and as alawyer, I will uphold the honor and dignity of the courtand of the profession of law. I will strive always toinstill and encourage a respectful attitude toward thecourts, the litigation process and the legal profession.

Dignity and Cooperation in Pre-Trial Proceedings

There is no aspect of litigation that prompts moreallegations of incivility than pre-trial practice, and inparticular, discovery. Pre-trial is the period in whichthere exists the least amount of court supervision andlawyers tend to be willing to press the limits of zealousrepresentation. Pre-trial is also a period in which thedisclosure of potentially damaging or costly informationtakes place and attempts to limit, delay, or compeldisclosure occur. These types of disputes can becontentious. Therefore, it is no surprise that civilitycodes contain much guidance regarding conduct duringpre-trial proceedings.

Overall, there is an obligation to utilize pre-trialprocesses to accomplish the just and efficient resolutionof a dispute. This includes the obligations to avoid“engag[ing] in excessive and abusive discovery” and to“comply with all reasonable discovery requests.” Forexample, depositions should be scheduled only to obtainneeded facts or to perpetuate testimony; they should notbe used as a tool to harass or increase litigation costs.The same standard of need applies to both proposing andresponding to interrogatories. Pre-trial tactics shouldnot be utilized merely to increase the litigation costsof the opponent.

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Between counsel, there is an obligation ofcooperation, truthfulness, and fair play. Lawyers shouldact in a courteous and respectful manner in pre-trialprocedures. In fact, a lawyer should not do anything ina deposition or negotiation that a lawyer would not dobefore a judge. Specific examples of improper conduct indeposition include making improper objections, orinstructing a witness not to answer merely to delay orobstruct. Lawyers should not assert “speaking objections”that are intended to coach a witness how to answer aquestion.

Agreement should be sought with regard to theexchange of information, and lawyers should seek toresolve objections by agreement. Lawyers should not seekcourt intervention in an attempt to obtain discovery thatis “clearly improper.” Lawyers should comply withreasonable discovery requests that are not subject tovalid objection. This includes an obligation to interpretdocument requests and interrogatories in a reasonablemanner, and avoid overly narrow interpretations to evadedisclosure of relevant and non-privileged information. Italso includes an obligation to produce documents in anorderly manner, and not in any way designed to beconfusing or to make the document's discovery difficult.

If the matter involves negotiation, lawyers shouldfocus on matters of substance and not issues of form orstyle. A lawyer should deliver to all counsel everywritten communication she sends to the court And, iffeasible, the lawyer should send the communication at thesame time and in the same manner as was sent to thecourt.

Role Model to Client and Public and Mentor to YoungLawyers

Throughout civility codes there is an underlyingobligation on the lawyer to ensure that those the lawyercomes in contact with understand the definition ofcivility. Of course, underlying this obligation is abelief by the drafters of the codes that there is a lackof understanding by those involved in the legal processof what civility entails. Minnesota and Texas bothbroadly state this responsibility, providing that it isan obligation of a lawyer to “educate . . . clients, thepublic, and other lawyers regarding the spirit andletter” of the civility codes.

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A lawyer has two obligations related to educatingothers about civility. First, the lawyer must modelproper conduct for clients and third parties. In this waythe lawyer can demonstrate that the legal system shouldnot operate as a television drama. This obligation alsoseeks to instill in the client respect for the place ofthe judicial system in the dispute resolution process.Lawyers likewise have the obligation to inform clientsand others under the lawyer's direction or control whatcivility requires, and to refrain from directing othersto engage in conduct that would be uncivil if performedby a lawyer.

Experienced lawyers also have an obligation to younglawyers who may not know the contours of the obligationof civility that a lawyer assumes. In this regard, moreexperienced lawyers must act as both a role model and amentor to less experienced lawyers to ensure that theyare aware of their obligations of civility.

Utilize the Court System in an Efficient and FairManner

The final concept of civility is, in a sense, anoverarching catchall provision. Lawyers should strive fororderly, economically efficient, and expeditiousdisposition of litigation and transactions. Efficiency isa broad obligation that underlies a number of thecivility obligations and multiple aspects of the legalprocess. Lawyers should advise clients early on regardingthe costs and benefits of pursuing a particular cause ofaction and should seek to articulate the disputed issuesso the dispute can be resolved in a timely manner. Oneaspect of efficiency is to pursue only those claims ordefenses that have merit. Pursuing frivolous claims ordefenses costs money and delays resolution of meritoriousclaims. In addition, lawyers should consider whetherpursuing an alternative form of dispute resolution wouldbe a more expeditious and economical method to resolvedisputes than litigation, and should advise clientsaccordingly. Similarly, lawyers should always be open tothe possibility of settlement of disputes so they can beresolved as soon as possible.

While this discussion of professionalism did not speak directly to

how lawyers deal and interact with others it should be clear that

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lawyers who make these principles part of their practice inevitably

will accomplish the ends envisioned by the Bar in their dealings

with others.

227

Ethics in the Movies December 11, 2015 Larry Cohen, Esq. Cohen Law Firm The following are the movies that I am planning to bring with me as the source of the hypotheticals that are the springboards for discussion about ethics in practice. Identified are the ethical rules that certainly will be implicated most directly by the referenced clips and that will be discussed; other rules are often implicated secondarily in the course of the discussion that takes place after a clip is presented. All references below are to the VRPC. Disclosure – Ethical Rule 1.13(g) Against All Odds – Ethical Rule 1.7(a) Anatomy of a Murder – Ethical Rules 3.3(a) and 3.4(b) Miracle on 34th Street – Ethical Rule 3.6 Mystery, Alaska – Ethical Rules 1.2(a), 1.4(a)(2), 1.6(a) and 3.1 My Cousin Vinnie – Ethical Rule 1.1 Wild Things – Ethical Rules 8.4(b)(c) Intolerable Cruelty – Ethical Rules 5.1(a) and (b) and 5.2(b) The Lincoln Lawyer – Ethical Rules 3.2 and 1.5(a) Hudsucker Proxy – Ethical Rule 1.13(a) – 1.13(f) Erin Brokovich – Ethical Rules 4.1, 5.3 and 8.4(c) and (d) Primal Fear – Ethical Rules 7.2 and 7.3 Liar, Liar – Ethical Rule 3.5(b)(1) Devil and Daniel Webster – Ethical Rule 1.8(e) The Paradine Case – Ethical Rule 1.7(b) Young Mr. Lincoln – Ethical Rule 2.4 The Big Easy – Ethical Rule 1.8(j) The Runaway Jury – Ethical Rule 5.4 Sgt. Rutledge – Ethical Rule 3.5(d); E.R. 4.3 The Wrong Man – Ethical Rule 1.18 Inherit the Wind – Ethical Rule 3.7(a) and (b) In addition to these rules I will likely talk about Ethical Rules 1.10, 3.1 and 8.3. I like to talk about Ethical Rules 1.14 as well when the opportunity presents itself because clients with diminished capacity (because of age, mental capacity, addiction, medical condition, excessive stress) it is such an under-recognized issue in law practice. Further, as someone who specializes in his substantive practice in cases involving mental functioning issues it is a topic of particular interest to me. The movie Enemy of Blood, among others, provides a specific opportunity to do that and we may have the opportunity to discuss that, as well.

228

2014 Form Number

2014 Form Name 2015 Number New Name

Official Bankruptcy Forms

B 1 Voluntary Petition

B101 Voluntary Petition for Individuals Filing for Bankruptcy (incorporates exhibits – carves out eviction judgment statement as new form B101AB)

B101A Initial Statement About an Eviction Judgment Against You

B101B Statement About Payment of an Eviction Judgment Against You

B201 Voluntary Petition for Non-Individuals Filing for Bankruptcy

Exhibit A B201A Attachment to Voluntary Petition for Non-Individuals Filing for Bankruptcy Under Chapter 11

Exhibit C B101 B201

Hazardous Property or Property That Needs Immediate Attention -- incorporated in Forms B101 and B201

Exhibit D B101 Individual Debtor’s Statement of Compliance with Credit Counseling Requirement – Incorporated in Form B101

[Chapter 15 questions from Petition] B401 Petition for Recognition of Foreign Proceeding B 2 Declaration under Penalty of Perjury on

Behalf of a Corporation or Partnership B202 Declaration Under Penalty of Perjury for Non-

Individual Debtors (For petition, schedules, SOFA, etc).

B 3A Application and Order to Pay Filing Fee in Installments

B103A Application for Individuals to Pay the Filing Fee in Installments

B 3B Application for Waiver of Chapter 7 Filing Fee

B103B Application to Have the Chapter 7 Filing Fee Waived

B 4 List of Creditors Holding 20 Largest Unsecured Claims

B104 For Individual Chapter 11 Cases: The List of Creditors Who Have the 20 Largest Unsecured Claims Against You Who Are Not Insiders (individuals)

B204 For Chapter 11 Cases: The List of Creditors Who Have the 20 Largest Unsecured Claims Against You Who Are Not Insiders (non-individuals)

B 5 Involuntary Petition B105 Involuntary Petition Against an Individual

B205 Involuntary Petition Against a Non-Individual

B6 Sum Summary of Schedules (Includes Statistical Summary of Certain Liabilities)

B106 -- Summary A Summary of Your Assets and Liabilities and Certain Statistical Information (individuals)

B206 -- Summary A Summary of Your Assets and Liabilities (non-individuals)

B 6A Schedule A - Real Property

} B106A/B Schedule A/B: Property (combines real and personal

property, individuals) B 6B Schedule B - Personal Property B206A/B Schedule A/B: Property (combines real and personal

property, non-individuals)

B 6C Schedule C - Property Claimed as Exempt B106C Schedule C: The Property You Claim as Exempt (individuals)

Page 1 of 256

229

2014 Form Number


B 6D Schedule D - Creditors Holding Secured Claims

B106D Schedule D: Creditors Who Hold Claims Secured By Property (against individuals)

B206D Schedule D: Creditors Who Hold Claims Secured By Property (against non-individuals)

B 6E Schedule E - Creditors Holding Unsecured Priority Claims }

B106E/F Schedule E/F: Creditors Who Have Unsecured Claims (against individuals, combines priority and non-priority)

B 6F Schedule F - Creditors Holding Unsecured Nonpriority Claims

B206E/F Schedule E/F: Creditors Who Have Unsecured Claims (against non-individuals, combines priority and non-priority)

B 6G Schedule G - Executory Contracts and Unexpired Leases

B106G Schedule G: Executory Contracts and Unexpired Leases (individuals)

B206G Schedule G: Executory Contracts and Unexpired Leases (non-individuals)

B 6H Schedule H - Codebtors B106H Schedule H: Your Codebtors (individuals) B206H Schedule H: Your Codebtors (non-individuals)

B 6I Schedule I - Current Income of Individual Debtor(s)

B106I Schedule I: Your Income (individuals )

B 6J Schedule J - Current Expenditures of Individual Debtor(s)

B106J Schedule J: Your Expenses B106J-2 Schedule J-2: Expenses for Separate Household of

Debtor 2 B 6 Dec Declaration Concerning Debtor's

Schedules B106 -- Declaration Declaration About an Individual Debtor’s Schedules B202 Declaration Under Penalty of Perjury On Behalf of a

Corporation or Partnership (For petition, schedules, SOFA, etc)

B 7 Statement of Financial Affairs B107 Your Statement of Financial Affairs for Individuals Filing for Bankruptcy

B207 Statement of Your Financial Affairs (non-Individuals) B 8 Chapter 7 Individual Debtor's Statement of

Intention B108 Statement of Intention for Individuals Filing Under

Chapter 7 B 9A Chapter 7 Individual or Joint Debtor No

Asset Case B309A (For Individuals or Joint Debtors) Notice of Chapter 7

Bankruptcy Case – No Proof of Claim Deadline B 9B Chapter 7 Corporation/Partnership No

Asset Case B309C (For Corporations or Partnerships) Notice of Chapter

7 Bankruptcy Case – No Proof of Claim Deadline Set B 9C Chapter 7 Individual or Joint Debtor Asset

Case B309B (For Individuals or Joint Debtors) Notice of Chapter 7

Bankruptcy Case – Proof of Claim Deadline Set B 9D Chapter 7 Corporation/Partnership Asset

Case (12/11) B309D (For Corporations or Partnerships) Notice of Chapter

7 Bankruptcy Case – Proof of Claim Deadline Set B 9E Chapter 11 Individual or Joint Debtor

Case } B309E

(For Individuals or Joint Debtors) Notice of Chapter 11 Bankruptcy Case (former Alt version combined with Form B309-E) B 9E(Alt.) Chapter 11 Individual or Joint Debtor

Case

B 9F Chapter 11 Corporation/Partnership Case

} B309F (For Corporations or Partnerships) Notice of Chapter

11 Bankruptcy Case (former Alt version combined with Form B309-F)

B 9F(Alt.) Chapter 11 Corporation/Partnership Case

B 9G Chapter 12 Individual or Joint Debtor Family Farmer

B309G (For Individuals or Joint Debtors) Notice of Chapter 12 Bankruptcy Case

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230

2014 Form Number


B 9H Chapter 12 Corporation/Partnership Family Farmer

B309H (For Corporations or Partnerships) Notice of Chapter 12 Bankruptcy Case

B 9I Chapter 13 Case B309I Notice of Chapter 13 Bankruptcy Case B 10 Proof Of Claim B410 Proof Of Claim B 10A Proof Of Claim, Attachment A B410A Proof Of Claim, Attachment A B 10S-1 Proof Of Claim, Supplement 1 B410S-1 Proof Of Claim, Supplement 1

B 10S-2 Proof Of Claim, Supplement 2 B410S-2 Proof Of Claim, Supplement 2 B 11A General Power of Attorney Abrogated Reissue as director’s form 4011A – same name B 11B Special Power of Attorney Abrogated Reissue as director’s form 4011B – same name

B 12 Order and Notice for Hearing on Disclosure Statement

B312 Same

B 13 Order Approving Disclosure Statement and Fixing Time for Filing Acceptances or Rejections of Plan, Combined with Notice Thereof

B313 Same

B 14 Ballot for Accepting or Rejecting Plan B314 Same B 15 Order Confirming Plan B315 Same B 16A Caption B416A Same B 16B Caption (Short Title) B416B Same B 16D Caption for Use in Adversary Proceeding

other than for a Complaint Filed by a Debtor

B416D Same

B 17A Notice Of Appeal And Statement Of Election

B417A Same

B17B Optional Appellee Statement Of Election To Proceed In District Court

B417B Same

B17C Certificate of Compliance With Rule 8015(a)(7)(B) or 8016(d)(2)

B417C Same

B 18 Discharge of Debtor B318 Discharge of Debtor in a Chapter 7 Case B 19 Declaration and Signature of Non-

Attorney Bankruptcy Petition Preparer B119 Bankruptcy Petition Preparer’s Notice, Declaration

and Signature

B 20A Notice of Motion or Objection B420A (eff. 12.1.16 or later) Notice of Motion or Objection

B 20B Notice of Objection to Claim B420B (eff. 12.1.16 or later) Notice of Objection to Claim

B 21 Statement of Social Security Number B121 Your Statement About Your Social Security Numbers B 22A-1 Chapter 7 Statement of Your Current

Monthly Income and Means-Test Calculation (published as 22A-1)

B122A-1 Same

B 22A-1Supp

Chapter 7 Means Test Exemption Attachment

B122A-1Supp Same

B 22A-2 Chapter 7 Means Test Calculation B122A-2 Same B 22B Chapter 11 Statement of Your Current

Monthly Income B122B Same

B22C-1 Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period)

B122C-1 Same

B22C-2 Chapter 13 Calculation of Your Disposable Income

B122C-2 Same

B 23 Debtor's Certification of Completion of Instructional Course Concerning Financial Management

B423 Certification About a Financial Management Course

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231

2014 Form Number


B 24 Certification to Court of Appeals B424 Same

B 25A Plan of Reorganization in Small Business Case under Chapter 11

B425A (eff. 12.1.16 or later) Same

B 25B Disclosure Statement in Small Business Case under Chapter 11

B425B (eff. 12.1.16 or later) Same

B 25C Small Business Monthly Operating Report B425C (eff. 12.1.16 or later) Same

B 26

Periodic Report Regarding Value, Operations and Profitability of Entities in Which the Debtor's Estate Holds a Substantial or Controlling Interest

B426 (eff. 12.1.16 or later) Same

B 27 Reaffirmation Agreement Cover Sheet B427 Cover Sheet for Reaffirmation Agreement

Director’s Bankruptcy Forms

B 13S

Order Conditionally Approving Disclosure Statement, Fixing Time for Filing Acceptances or Rejections of Plan, and Fixing the Time for Filing Objections to the Disclosure Statement and to the Confirmation of the Plan, Combined with Notice Thereof and of the Hearing on Final Approval of the Disclosure Statement and the Hearing on Confirmation of the Plan

B3130S

Order and Notice Conditionally Approving Disclosure Statement; Fixing Time for Filing Acceptances or Rejections of Plan; Fixing Time for Filing Objections to Disclosure Statement and Objections to Confirmation of Plan; and Fixing Time for Hearing on Final Approval of Disclosure Statement and Hearing on Confirmation of Plan

B 15S Order Finally Approving Disclosure Statement and Confirming Plan B3150S Order Approving Disclosure Statement and

Confirming Plan

B 18F Discharge of Debtor After Completion of Chapter 12 Plan B3180F Chapter 12 Discharge

B 18FH Discharge of Debtor Before Completion of Chapter 12 Plan B3180FH Chapter 12 Hardship Discharge

B 18J Discharge of Joint Debtors (Chapter 7) B318 Discharge of Debtor in a Chapter 7 Case (combined with Form 318)

B 18JO Discharge of One Joint Debtor (Chapter 7) B318 Discharge of Debtor in a Chapter 7 Case (combined with Form 318)

B 18RI Discharge of Individual Debtor in a Chapter 11 Case B3180RI Individual Chapter 11 Discharge

B 18W Discharge of Debtor After Completion of Chapter 13 Plan B3180W Chapter 13 Discharge

B 18WH Order Discharging Debtor Before Completion of Chapter 13 Plan B3180WH Chapter 13 Hardship Discharge

B 104 Adversary Proceeding Cover Sheet B1040 Same B 131 Exemplification Certificate B1310 Same

B 132 Application for Search of Bankruptcy Records B1320 Same

B 133 Claims Register B1330 Same

B 200 Required Lists, Schedules, Statements and Fees B2000

B 201A Notice to Individual Consumer Debtor B2010 Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy

B 201B Certification of Notice to Individual Consumer Debtor(s) B101 Voluntary Petition for Individuals Filing for Bankruptcy

(combined with Form 101) B 202 Statement of Military Service B2020 Same

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232

2014 Form Number


B 203 Disclosure of Compensation of Attorney for Debtor B2030 Attorney’s Disclosure of Compensation

B 204 Notice of Need to File Proof of Claim Due to Recovery of Assets B2040 Same

B 205 Notice to Creditors and Other Parties in Interest B2050 Same

B 206 Certificate of Commencement of Case B2060 Same

B 207 Certificate of Retention of Debtor In Possession B2070 Same

B 210A Transfer of Claim Other Than for Security B2100A Same

B 210B Notice of Transfer of Claim Other Than for Security B2100B Same

B 230A Order Confirming Chapter 12 Plan B2300A Same B 230B Order Confirming Chapter 13 Plan B2300B Same

B 231A Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 12 Plan

B2310A Same

B 231B Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan

B2310B Same

B 240A Reaffirmation Documents B2400A Same

B 240B Motion for Approval of Reaffirmation Agreement B2400B Same

B 240C Order on Reaffirmation Agreement B2400C Same B 240A/B ALT Reaffirmation Agreement B2400A/B ALT Same

B 240C ALT Order on Reaffirmation Agreement B2400C ALT Same B 250A Summons in an Adversary Proceeding B2500A Same

B 250B Summons and Notice of Pretrial Conference in an Adversary Proceeding B2500B Same

B 250C Summons and Notice of Trial in an Adversary Proceeding B2500C Same

B 250D Third-Party Summons B2500D Same B 250E Summons to Debtor in Involuntary Case B2500E Same

B 250F Summons in a Chapter 15 Case Seeking Recognition of a Foreign Nonmain Proceeding

B2500F Same

B 253 Order for Relief in an Involuntary Case B2530 Same B 254 Subpoena for Rule 2004 Examination B2540 Same B 255 Subpoena in an Adversary Proceeding B2550 Same

B 256 Subpoena in a Case Under the Bankruptcy Code B2560 Same

B 257

Subpoena to Produce Documents, Information, or Objects or To Permit Inspection in a Bankruptcy Case (or Adversary Proceeding)

B2570 Same

B 260 Entry of Default B2600 Same B 261A Judgment by Default B2610A Same B 261B Judgment by Default B2610B Same B 261C Judgment in an Adversary Proceeding B2610C Same B 262 Notice of Entry of Judgment B2620 Same B 263 Bill of Costs B2630 Same

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233

2014 Form Number


B 264 Writ of Execution to the United States Marshal B2640 Same

B 265 Certification of Judgment for Registration in Another District B2650 Same

B 270

Notice of Filing of Final Report of Trustee, of Hearing on Applications for Compensation [and of Hearing on Abandonment of Property by the Trustee]

B2700 Same

B 271 Final Decree B2710 Same

B 280 Disclosure of Compensation of Bankruptcy Petition Preparer B2800 Same

B 281 Appearance of Child Support Creditor or Representative B2810 Same

B 283 Chapter 13 Debtor's Certifications Regarding Domestic Support Obligations and Section 522(q)

B2830 Same

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234

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy 12/15 The bankruptcy forms use you and Debtor 1 to refer to a debtor filing alone. A married couple may file a bankruptcy case together—called a joint case—and in joint cases, these forms use you to ask for information from both debtors. For example, if a form asks, “Do you own a car,” the answer would be yes if either debtor owns a car. When information is needed about the spouses separately, the form uses Debtor 1 and Debtor 2 to distinguish between them. In joint cases, one of the spouses must report information as Debtor 1 and the other as Debtor 2. The same person must be Debtor 1 in all of the forms.

Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question.

Part 1: Identify Yourself About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):

1. Your full name

Write the name that is on your government-issued picture identification (for example, your driver’s license or passport).

Bring your picture identification to your meeting with the trustee.

__________________________________________________ First name

__________________________________________________ Middle name

__________________________________________________ Last name

___________________________ Suffix (Sr., Jr., II, III)

__________________________________________________ First name

__________________________________________________ Middle name

__________________________________________________ Last name


2. All other names you have used in the last 8 years

Include your married or maiden names.

__________________________________________________ First name

__________________________________________________ Middle name

__________________________________________________ Last name

__________________________________________________ First name

__________________________________________________ Middle name

__________________________________________________ Last name

__________________________________________________ First name

__________________________________________________ Middle name

__________________________________________________ Last name

__________________________________________________ First name

__________________________________________________ Middle name

__________________________________________________ Last name

3. Only the last 4 digits of your Social Security number or federal Individual Taxpayer Identification number (ITIN)

xxx – xx – ____ ____ ____ ____

OR

9 xx – xx – ____ ____ ____ ____

xxx – xx – ____ ____ ____ ____

OR

9 xx – xx – ____ ____ ____ ____

United States Bankruptcy Court for the:

____________________ District of _________________ (State)

Case number (If known): _________________________ Chapter you are filing under: Chapter 7 Chapter 11 Chapter 12 Chapter 13

Fill in this information to identify your case:

Check if this is an amended filing

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About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):

4. Any business names and Employer Identification Numbers (EIN) you have used in the last 8 years

Include trade names and doing business as names

I have not used any business names or EINs.

_________________________________________________ Business name

_________________________________________________ Business name

___ ___ – ___ ___ ___ ___ ___ ___ ___ EIN

___ ___ – ___ ___ ___ ___ ___ ___ ___ EIN

I have not used any business names or EINs.

_________________________________________________ Business name

_________________________________________________ Business name

___ ___ – ___ ___ ___ ___ ___ ___ ___ EIN

___ ___ – ___ ___ ___ ___ ___ ___ ___ EIN

5. Where you live

_________________________________________________ Number Street

_________________________________________________

_________________________________________________ City State ZIP Code

_________________________________________________ County

If your mailing address is different from the one above, fill it in here. Note that the court will send any notices to you at this mailing address.

_________________________________________________ Number Street

_________________________________________________ P.O. Box


If Debtor 2 lives at a different address:

_________________________________________________ Number Street

_________________________________________________


_________________________________________________ County

If Debtor 2’s mailing address is different from yours, fill it in here. Note that the court will send any notices to this mailing address.

_________________________________________________ Number Street

_________________________________________________ P.O. Box


6. Why you are choosing this district to file for bankruptcy

Check one:

Over the last 180 days before filing this petition, I have lived in this district longer than in any other district.

I have another reason. Explain. (See 28 U.S.C. § 1408.)

________________________________________

________________________________________

________________________________________

________________________________________

Check one:

Over the last 180 days before filing this petition, I have lived in this district longer than in any other district.

I have another reason. Explain. (See 28 U.S.C. § 1408.)

________________________________________

________________________________________

________________________________________

________________________________________

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236

Part 2: Tell the Court About Your Bankruptcy Case

7. The chapter of the Bankruptcy Code you are choosing to file under

Check one. (For a brief description of each, see Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy (Form 2010)). Also, go to the top of page 1 and check the appropriate box.

Chapter 7

Chapter 11

Chapter 12

Chapter 13

8. How you will pay the fee I will pay the entire fee when I file my petition. Please check with the clerk’s office in your local court for more details about how you may pay. Typically, if you are paying the fee yourself, you may pay with cash, cashier’s check, or money order. If your attorney is submitting your payment on your behalf, your attorney may pay with a credit card or check with a pre-printed address.

I need to pay the fee in installments. If you choose this option, sign and attach the Application for Individuals to Pay The Filing Fee in Installments (Official Form 103A).

I request that my fee be waived (You may request this option only if you are filing for Chapter 7. By law, a judge may, but is not required to, waive your fee, and may do so only if your income is less than 150% of the official poverty line that applies to your family size and you are unable to pay the fee in installments). If you choose this option, you must fill out the Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B) and file it with your petition.

9. Have you filed for bankruptcy within the last 8 years?

No

Yes. District __________________________ When _______________ Case number ___________________________ MM / DD / YYYY

District __________________________ When _______________ Case number ___________________________ MM / DD / YYYY

District __________________________ When _______________ Case number ___________________________ MM / DD / YYYY

10. Are any bankruptcy cases pending or being filed by a spouse who is not filing this case with you, or by a business partner, or by an affiliate?

No

Yes. Debtor _________________________________________________ Relationship to you _____________________

District __________________________ When _______________ Case number, if known____________________ MM / DD / YYYY

Debtor _________________________________________________ Relationship to you _____________________

District __________________________ When _______________ Case number, if known____________________ MM / DD / YYYY

11. Do you rent your residence?

No. Go to line 12. Yes. Has your landlord obtained an eviction judgment against you and do you want to stay in your

residence?

No. Go to line 12.

Yes. Fill out Initial Statement About an Eviction Judgment Against You (Form 101A) and file it with this bankruptcy petition.

DRAFT

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237

Part 3: Report About Any Businesses You Own as a Sole Proprietor

12. Are you a sole proprietor of any full- or part-time business? A sole proprietorship is a business you operate as an individual, and is not a separate legal entity such as a corporation, partnership, or LLC. If you have more than one sole proprietorship, use a separate sheet and attach it to this petition.

No. Go to Part 4.

Yes. Name and location of business

_______________________________________________________________________________________ Name of business, if any

_______________________________________________________________________________________ Number Street

_______________________________________________________________________________________

_______________________________________________ _______ __________________________ City State ZIP Code

Check the appropriate box to describe your business:

Health Care Business (as defined in 11 U.S.C. § 101(27A))

Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B))

Stockbroker (as defined in 11 U.S.C. § 101(53A))

Commodity Broker (as defined in 11 U.S.C. § 101(6))

None of the above

13. Are you filing under Chapter 11 of the Bankruptcy Code and are you a small business debtor? For a definition of small business debtor, see 11 U.S.C. § 101(51D).

If you are filing under Chapter 11, the court must know whether you are a small business debtor so that it can set appropriate deadlines. If you indicate that you are a small business debtor, you must attach your most recent balance sheet, statement of operations, cash-flow statement, and federal income tax return or if any of these documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B).

No. I am not filing under Chapter 11.

No. I am filing under Chapter 11, but I am NOT a small business debtor according to the definition in the Bankruptcy Code.

Yes. I am filing under Chapter 11 and I am a small business debtor according to the definition in the Bankruptcy Code.

Part 4: Report if You Own or Have Any Hazardous Property or Any Property That Needs Immediate Attention

14. Do you own or have any property that poses or is alleged to pose a threat of imminent and identifiable hazard to public health or safety? Or do you own any property that needs immediate attention? For example, do you own perishable goods, or livestock that must be fed, or a building that needs urgent repairs?

No

Yes. What is the hazard? ________________________________________________________________________

________________________________________________________________________

If immediate attention is needed, why is it needed? _______________________________________________

________________________________________________________________________

Where is the property? ________________________________________________________________________ Number Street

________________________________________________________________________

________________________________________ _______ ____________________ City State ZIP Code

DRAFT

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238

Part 5: Explain Your Efforts to Receive a Briefing About Credit Counseling

15. Tell the court whether you have received a briefing about credit counseling.

The law requires that you receive a briefing about credit counseling before you file for bankruptcy. You must truthfully check one of the following choices. If you cannot do so, you are not eligible to file.

If you file anyway, the court can dismiss your case, you will lose whatever filing fee you paid, and your creditors can begin collection activities again.

About Debtor 1:

About Debtor 2 (Spouse Only in a Joint Case):

You must check one:

I received a briefing from an approved credit counseling agency within the 180 days before I filed this bankruptcy petition, and I received a certificate of completion. Attach a copy of the certificate and the payment plan, if any, that you developed with the agency.

I received a briefing from an approved credit counseling agency within the 180 days before I filed this bankruptcy petition, but I do not have a certificate of completion. Within 14 days after you file this bankruptcy petition, you MUST file a copy of the certificate and payment plan, if any.

I certify that I asked for credit counseling services from an approved agency, but was unable to obtain those services during the 7 days after I made my request, and exigent circumstances merit a 30-day temporary waiver of the requirement.

To ask for a 30-day temporary waiver of the requirement, attach a separate sheet explaining what efforts you made to obtain the briefing, why you were unable to obtain it before you filed for bankruptcy, and what exigent circumstances required you to file this case.

Your case may be dismissed if the court is dissatisfied with your reasons for not receiving a briefing before you filed for bankruptcy. If the court is satisfied with your reasons, you must still receive a briefing within 30 days after you file. You must file a certificate from the approved agency, along with a copy of the payment plan you developed, if any. If you do not do so, your case may be dismissed. Any extension of the 30-day deadline is granted only for cause and is limited to a maximum of 15 days.

I am not required to receive a briefing about credit counseling because of:

Incapacity. I have a mental illness or a mental deficiency that makes me incapable of realizing or making rational decisions about finances.

Disability. My physical disability causes me to be unable to participate in a briefing in person, by phone, or through the internet, even after I reasonably tried to do so.

Active duty. I am currently on active military duty in a military combat zone.

If you believe you are not required to receive a briefing about credit counseling, you must file a motion for waiver of credit counseling with the court.

You must check one:

I received a briefing from an approved credit counseling agency within the 180 days before I filed this bankruptcy petition, and I received a certificate of completion. Attach a copy of the certificate and the payment plan, if any, that you developed with the agency.

I received a briefing from an approved credit counseling agency within the 180 days before I filed this bankruptcy petition, but I do not have a certificate of completion. Within 14 days after you file this bankruptcy petition, you MUST file a copy of the certificate and payment plan, if any.

I certify that I asked for credit counseling services from an approved agency, but was unable to obtain those services during the 7 days after I made my request, and exigent circumstances merit a 30-day temporary waiver of the requirement.

To ask for a 30-day temporary waiver of the requirement, attach a separate sheet explaining what efforts you made to obtain the briefing, why you were unable to obtain it before you filed for bankruptcy, and what exigent circumstances required you to file this case.

Your case may be dismissed if the court is dissatisfied with your reasons for not receiving a briefing before you filed for bankruptcy. If the court is satisfied with your reasons, you must still receive a briefing within 30 days after you file. You must file a certificate from the approved agency, along with a copy of the payment plan you developed, if any. If you do not do so, your case may be dismissed. Any extension of the 30-day deadline is granted only for cause and is limited to a maximum of 15 days.

I am not required to receive a briefing about credit counseling because of:


Disability. My physical disability causes me to be unable to participate in a briefing in person, by phone, or through the internet, even after I reasonably tried to do so.


If you believe you are not required to receive a briefing about credit counseling, you must file a motion for waiver of credit counseling with the court.

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Part 6: Answer These Questions for Reporting Purposes

16. What kind of debts do you have?

16a. Are your debts primarily consumer debts? Consumer debts are defined in 11 U.S.C. § 101(8) as “incurred by an individual primarily for a personal, family, or household purpose.”

No. Go to line 16b. Yes. Go to line 17.

16b. Are your debts primarily business debts? Business debts are debts that you incurred to obtain money for a business or investment or through the operation of the business or investment.

No. Go to line 16c. Yes. Go to line 17.

16c. State the type of debts you owe that are not consumer debts or business debts.

_______________________________________________________________

17. Are you filing under Chapter 7?

Do you estimate that after any exempt property is excluded and administrative expenses are paid that funds will be available for distribution to unsecured creditors?

No. I am not filing under Chapter 7. Go to line 18.

Yes. I am filing under Chapter 7. Do you estimate that after any exempt property is excluded and administrative expenses are paid that funds will be available to distribute to unsecured creditors?

No

Yes

18. How many creditors do you estimate that you owe?

1-49 50-99 100-199 200-999

1,000-5,000 5,001-10,000 10,001-25,000

25,001-50,000 50,001-100,000 More than 100,000

19. How much do you estimate your assets to be worth?

$0-$50,000 $50,001-$100,000 $100,001-$500,000 $500,001-$1 million

$1,000,001-$10 million $10,000,001-$50 million $50,000,001-$100 million $100,000,001-$500 million

$500,000,001-$1 billion

$1,000,000,001-$10 billion

$10,000,000,001-$50 billion

More than $50 billion

20. How much do you estimate your liabilities to be?

$0-$50,000 $50,001-$100,000 $100,001-$500,000 $500,001-$1 million


$500,000,001-$1 billion $1,000,000,001-$10 billion

$10,000,000,001-$50 billion


Part 7: Sign Below

For you I have examined this petition, and I declare under penalty of perjury that the information provided is true and correct.

If I have chosen to file under Chapter 7, I am aware that I may proceed, if eligible, under Chapter 7, 11,12, or 13 of title 11, United States Code. I understand the relief available under each chapter, and I choose to proceed under Chapter 7.

If no attorney represents me and I did not pay or agree to pay someone who is not an attorney to help me fill out this document, I have obtained and read the notice required by 11 U.S.C. § 342(b).

I request relief in accordance with the chapter of title 11, United States Code, specified in this petition.

I understand making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to $250,000, or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.

______________________________________________ _____________________________

Signature of Debtor 1 Signature of Debtor 2

Executed on _________________ Executed on __________________ MM / DD / YYYY MM / DD / YYYY

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For your attorney, if you are represented by one

If you are not represented by an attorney, you do not need to file this page.

I, the attorney for the debtor(s) named in this petition, declare that I have informed the debtor(s) about eligibility to proceed under Chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief available under each chapter for which the person is eligible. I also certify that I have delivered to the debtor(s) the notice required by 11 U.S.C. § 342(b) and, in a case in which § 707(b)(4)(D) applies, certify that I have no knowledge after an inquiry that the information in the schedules filed with the petition is incorrect.

_________________________________ Date _________________ Signature of Attorney for Debtor MM / DD / YYYY

_________________________________________________________________________________________________ Printed name

_________________________________________________________________________________________________ Firm name

_________________________________________________________________________________________________ Number Street

_________________________________________________________________________________________________

______________________________________________________ ____________ ______________________________ City State ZIP Code

Contact phone _____________________________________ Email address ______________________________

______________________________________________________ ____________ Bar number State

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For you if you are filing this bankruptcy without an attorney

If you are represented by an attorney, you do not need to file this page.

The law allows you, as an individual, to represent yourself in bankruptcy court, but you should understand that many people find it extremely difficult to represent themselves successfully. Because bankruptcy has long-term financial and legal consequences, you are strongly urged to hire a qualified attorney.

To be successful, you must correctly file and handle your bankruptcy case. The rules are very technical, and a mistake or inaction may affect your rights. For example, your case may be dismissed because you did not file a required document, pay a fee on time, attend a meeting or hearing, or cooperate with the court, case trustee, U.S. trustee, bankruptcy administrator, or audit firm if your case is selected for audit. If that happens, you could lose your right to file another case, or you may lose protections, including the benefit of the automatic stay.

You must list all your property and debts in the schedules that you are required to file with the court. Even if you plan to pay a particular debt outside of your bankruptcy, you must list that debt in your schedules. If you do not list a debt, the debt may not be discharged. If you do not list property or properly claim it as exempt, you may not be able to keep the property. The judge can also deny you a discharge of all your debts if you do something dishonest in your bankruptcy case, such as destroying or hiding property, falsifying records, or lying. Individual bankruptcy cases are randomly audited to determine if debtors have been accurate, truthful, and complete. Bankruptcy fraud is a serious crime; you could be fined and imprisoned.

If you decide to file without an attorney, the court expects you to follow the rules as if you had hired an attorney. The court will not treat you differently because you are filing for yourself. To be successful, you must be familiar with the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local rules of the court in which your case is filed. You must also be familiar with any state exemption laws that apply.

Are you aware that filing for bankruptcy is a serious action with long-term financial and legal consequences?

No Yes

Are you aware that bankruptcy fraud is a serious crime and that if your bankruptcy forms are inaccurate or incomplete, you could be fined or imprisoned?

No Yes

Did you pay or agree to pay someone who is not an attorney to help you fill out your bankruptcy forms? No Yes. Name of Person_____________________________________________________________________.

Attach Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119).

By signing here, I acknowledge that I understand the risks involved in filing without an attorney. I have read and understood this notice, and I am aware that filing a bankruptcy case without an attorney may cause me to lose my rights or property if I do not properly handle the case.

_______________________________________________ ______________________________


Date _________________ Date _________________ MM / DD / YYYY MM / DD / YYYY

Contact phone ______________________________________ Contact phone ________________________________

Cell phone ______________________________________ Cell phone ________________________________

Email address ______________________________________ Email address ________________________________

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Official Form 101A Initial Statement About an Eviction Judgment Against You 12/15

File this form with the court and serve a copy on your landlord when you first file bankruptcy only if:

you rent your residence; and

your landlord has obtained a judgment for possession in an eviction, unlawful detainer action, or

similar proceeding (called eviction judgment) against you to possess your residence.

Landlord’s name __________________________________________________

Landlord’s address __________________________________________________ Number Street

_______________________________ _________ ___________ City State ZIP Code

If you want to stay in your rented residence after you file your case for bankruptcy, also complete the certification below.

Certification About Applicable Law and Deposit of Rent

I certify under penalty of perjury that:

Under the state or other nonbankruptcy law that applies to the judgment for possession (eviction judgment), I have the right to stay in my residence by paying my landlord the entire delinquent amount.

I have given the bankruptcy court clerk a deposit for the rent that would be due during the 30 days after I file the Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101).

____________________________________________ ____________________________________________ Signature of Debtor 1 Signature of Debtor 2


Stay of Eviction: (a) First 30 days after bankruptcy. If you checked both boxes above, signed the form to certify that both apply, and served your landlord with a copy of this statement, the automatic stay under 11 U.S.C. § 362(a)(3) will apply to the continuation of the eviction against you for 30 days after you file your Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101).

(b) Stay after the initial 30 days. If you wish to stay in your residence after that 30-day period and continue to receive the protection of the automatic stay under 11 U.S.C. § 362(a)(3), you must pay the entire delinquent amount to your landlord as stated in the eviction judgment before the 30-day period ends. You must also fill out Statement About Payment of an Eviction Judgment Against You (Official Form 101B), file it with the bankruptcy court, and serve your landlord a copy of it before the 30-day period ends.

Check the Bankruptcy Rules (www.uscourts.gov/rulesandpolicies/rules.aspx) and the local court’s website (to find your court’s website,

go to www.uscourts.gov/Court_Locator.aspx) for any specific requirements that you might have to meet to serve this statement.

11 U.S.C. §§ 362(b)(22) and 362(l)

Debtor 1 __________________________________________________________________ First Name Middle Name Last Name

Debtor 2 ________________________________________________________________ (Spouse, if filing) First Name Middle Name Last Name

United States Bankruptcy Court for the: __________________ District of ____________ (State)

Case number ___________________________________________ (If known)


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Official Form 101B

Statement About Payment of an Eviction Judgment Against You 12/15

Fill out this form only if:

you filed Initial Statement About an Eviction Judgment Against You (Official Form 101A); and

you served a copy of Form 101A on your landlord; and

you want to stay in your rented residence for more than 30 days after you file your Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101).

File this form within 30 days after you file your Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101). Also serve a copy on your landlord within that same time period.

Certification About Applicable Law and Payment of Eviction Judgment

I certify under penalty of perjury that (Check all that apply):

Under the state or other nonbankruptcy law that applies to the judgment for possession (eviction judgment), I have the right to stay in my residence by paying my landlord the entire delinquent amount.

Within 30 days after I filed my Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101), I have paid my landlord the entire amount I owe as stated in the judgment for possession (eviction judgment).

____________________________________________ ____________________________________________ Signature of Debtor 1 Signature of Debtor 2


You must serve your landlord with a copy of this form.

Check the Bankruptcy Rules (www.uscourts.gov/rulesandpolicies/rules.aspx) and the court’s local website (go to http://www.uscourts.gov/Court_Locator.aspx to find your court’s website) for any specific requirements that you might have to meet to serve this statement.



United States Bankruptcy Court for the: ______________________ District of ________ (State)



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http://www.uscourts.gov/Court_Locator.aspx

Official Form 103A Application for Individuals to Pay the Filing Fee in Installments 12/15 Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information.

Part 1: Specify Your Proposed Payment Timetable

1. Which chapter of the Bankruptcy Code are you choosing to file under?

Chapter 7

Chapter 11

Chapter 12

Chapter 13

2. You may apply to pay the filing fee in up to four installments. Fill in the amounts you propose to pay and the dates you plan to pay them. Be sure all dates are business days. Then add the payments you propose to pay.

You must propose to pay the entire fee no later than 120 days after you file this bankruptcy case. If the court approves your application, the court will set your final payment timetable.

You propose to pay…

$_____________ With the filing of the

petition

On or before this date ........ ______________ MM / DD / YYYY

$_____________ On or before this date ........... ______________ MM / DD / YYYY


+ $_____________ On or before this date ........... ______________

MM / DD / YYYY

Total $______________ ◄ Your total must equal the entire fee for the chapter you checked in line 1.

Part 2: Sign Below

By signing here, you state that you are unable to pay the full filing fee at once, that you want to pay the fee in installments, and that you understand that:

You must pay your entire filing fee before you make any more payments or transfer any more property to an attorney, bankruptcy petition preparer, or anyone else for services in connection with your bankruptcy case.

You must pay the entire fee no later than 120 days after you first file for bankruptcy, unless the court later extends your deadline. Your debts will not be discharged until your entire fee is paid.

If you do not make any payment when it is due, your bankruptcy case may be dismissed, and your rights in other bankruptcy proceedings may be affected.

_________________________________ ___________________________________ _______________________________________ Signature of Debtor 1 Signature of Debtor 2 Your attorney’s name and signature, if you used one

Date _________________ Date ________________ Date _________________ MM / DD / YYYY MM / DD / YYYY MM / DD / YYYY

Debtor 1 ________________________________________________________________ First Name Middle Name Last Name


United States Bankruptcy Court for the: _____________________ District of ___________ (State)




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Order Approving Payment of Filing Fee in Installments

After considering the Application for Individuals to Pay the Filing Fee in Installments (Official Form 103A), the court orders that:

[ ] The debtor(s) may pay the filing fee in installments on the terms proposed in the application.

[ ] The debtor(s) must pay the filing fee according to the following terms:

You must pay… On or before this date…

$_____________

_____________ Month / day / year

$_____________ _____________

Month / day / year

$_____________ _____________ Month / day / year

+ $_____________ _____________

Month / day / year

Total

$_____________

Until the filing fee is paid in full, the debtor(s) must not make any additional payment or transfer any additional property to an attorney or to anyone else for services in connection with this case.

_____________ By the court: _____________________________________ Month / day / year United States Bankruptcy Judge




Case number ___________________________________________ (If known) Chapter filing under:

Chapter 7 Chapter 11 Chapter 12 Chapter 13

Fill in this information to identify the case:

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Official Form 103B Application to Have the Chapter 7 Filing Fee Waived 12/15 Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known).

Part 1: Tell the Court About Your Family and Your Family’s Income

1. What is the size of your family?

Your family includes you, your spouse, and any dependents listed on Schedule J: Your Expenses (Official Form 106J).

Check all that apply:

You

Your spouse

Your dependents ___________________ How many dependents?

_____________________

Total number of people

2. Fill in your family’s average monthly income.

Include your spouse’s income if your spouse is living with you, even if your spouse is not filing.

Do not include your spouse’s income if you are separated and your spouse is not filing with you.

That person’s average monthly net income (take-home pay)

Add your income and your spouse’s income. Include the value (if known) of any non-cash governmental assistance that you receive, such as food stamps (benefits under the Supplemental Nutrition Assistance Program) or housing subsidies. If you have already filled out Schedule I: Your Income, see line 10 of that schedule.

You .................. $_________________

Your spouse ... + $_________________

Subtotal ............. $_________________

Subtract any non-cash governmental assistance that you included above. – $_________________

Your family’s average monthly net income Total ................. $_________________

3. Do you receive non-cash governmental assistance?

No Yes. Describe. ..........

Type of assistance

4. Do you expect your family’s average monthly net income to increase or decrease by more than 10% during the next 6 months?

No Yes. Explain. .............

5. Tell the court why you are unable to pay the filing fee in

installments within 120 days. If you have some additional circumstances that cause you to not be able to pay your filing fee in installments, explain them.







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Part 2: Tell the Court About Your Monthly Expenses

6. Estimate your average monthly expenses.

Include amounts paid by any government assistance that you reported on line 2.

If you have already filled out Schedule J, Your Expenses, copy line 22 from that form.

$___________________

7. Do these expenses cover anyone who is not included in your family as reported in line 1?

No Yes. Identify who ........

8. Does anyone other than you regularly pay any of these expenses?

If you have already filled out Schedule I: Your Income, copy the total from line 11.

No

Yes. How much do you regularly receive as contributions? $_________ monthly

9. Do you expect your average monthly expenses to increase or decrease by more than 10% during the next 6 months?

No Yes. Explain ...............

Part 3: Tell the Court About Your Property

If you have already filled out Schedule A/B: Property (Official Form 106A/B) attach copies to this application and go to Part 4.

10. How much cash do you have?

Examples: Money you have in your wallet, in your home, and on hand when you file this application

Cash: $_________________

11. Bank accounts and other deposits of money?

Examples: Checking, savings, money market, or other financial accounts; certificates of deposit; shares in banks, credit unions, brokerage houses, and other similar institutions. If you have more than one account with the same institution, list each. Do not include 401(k) and IRA accounts.

Institution name:

Checking account: __________________________________________________

Savings account: __________________________________________________

Other financial accounts: __________________________________________________

Other financial accounts: __________________________________________________

Amount:

$__________________

$__________________

$__________________

$__________________

12. Your home? (if you own it outright or are purchasing it)

Examples: House, condominium, manufactured home, or mobile home

_______________________________________________________ Number Street

_______________________________________________________ City State ZIP Code

Current value:

Amount you owe on mortgage and liens:

$_________________

$_________________

13. Other real estate? _______________________________________________________ Number Street

_______________________________________________________ City State ZIP Code

Current value:

Amount you owe on mortgage and liens:

$_________________

$_________________

14. The vehicles you own?

Examples: Cars, vans, trucks, sports utility vehicles, motorcycles, tractors, boats

Make: _____________________

Model: _____________________

Year: ____________

Mileage _____________________

Current value:

Amount you owe on liens:

$_________________

$_________________

Make: _____________________

Model: _____________________

Year: ____________

Mileage _____________________

Current value:


$_________________

$_________________

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15. Other assets?

Do not include household items and clothing.

Describe the other assets: Current value:


$_________________

$_________________

16. Money or property due you?

Examples: Tax refunds, past due or lump sum alimony, spousal support, child support, maintenance, divorce or property settlements, Social Security benefits, workers’ compensation, personal injury recovery

Who owes you the money or property?

___________________________________________

___________________________________________

How much is owed?

$_________________

$_________________

Do you believe you will likely receive payment in the next 180 days?

No

Yes. Explain:

Part 4: Answer These Additional Questions

17. Have you paid anyone for services for this case, including filling out this application, the bankruptcy filing package, or the schedules?

No Yes. Whom did you pay? Check all that apply:

An attorney

A bankruptcy petition preparer, paralegal, or typing service

Someone else ________________________________________

How much did you pay?

$______________________

18. Have you promised to pay or do you expect to pay someone for services for your bankruptcy case?

No Yes. Whom do you expect to pay? Check all that apply:

An attorney


Someone else _________________________________________

How much do you expect to pay?

$_______________________

19. Has anyone paid someone on your behalf for services for this case?

No Yes. Who was paid on your behalf?


An attorney


Someone else _________________

Who paid? Check all that apply:

Parent Brother or sister Friend Pastor or clergy Someone else __________

How much did someone else pay?

$______________________

20. Have you filed for bankruptcy within the last 8 years?

No Yes. District _____________________________ When _____________ Case number _____________________

MM/ DD/ YYYY

District _____________________________ When _____________ Case number _____________________ MM/ DD/ YYYY

District _____________________________ When _____________ Case number _____________________ MM/ DD/ YYYY

Part 5: Sign Below

By signing here under penalty of perjury, I declare that I cannot afford to pay the filing fee either in full or in installments. I also declare

that the information I provided in this application is true and correct.

_____________________________________________ _____________________________________________ Signature of Debtor 1 Signature of Debtor 2

Date __________________ Date __________________ MM / DD / YYYY MM / DD / YYYY

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Order on the Application to Have the Chapter 7 Filing Fee Waived

After considering the debtor’s Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B), the court orders that the application is:

[ ] Granted. However, the court may order the debtor to pay the fee in the future if developments in administering the bankruptcy case show that the waiver was unwarranted.

[ ] Denied. The debtor must pay the filing fee according to the following terms:


$_____________ _____________

Month / day / year

$_____________ _____________ Month / day / year

$_____________ _____________

Month / day / year

+ $_____________ _____________ Month / day / year

Total

If the debtor would like to propose a different payment timetable, the debtor must file a motion promptly with a payment proposal. The debtor may use Application for Individuals to Pay the Filing Fee in Installments (Official Form 103A) for this purpose. The court will consider it.

The debtor must pay the entire filing fee before making any more payments or transferring any more property to an attorney, bankruptcy petition preparer, or anyone else in connection with the bankruptcy case. The debtor must also pay the entire filing fee to receive a discharge. If the debtor does not make any payment when it is due, the bankruptcy case may be dismissed and the debtor’s rights in future bankruptcy cases may be affected.

[ ] Scheduled for hearing.

A hearing to consider the debtor’s application will be held

on _____________ at _________ AM / PM at _________________________________________. Month / day / year Address of courthouse

If the debtor does not appear at this hearing, the court may deny the application.




United States Bankruptcy Court for the: _________________________ District of __________ (State)

Case number _____________________________________________ (If known)


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Official Form 104 For Individual Chapter 11 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims Against You and Are Not Insiders 12/15 If you are an individual filing for bankruptcy under Chapter 11, you must fill out this form. If you are filing under Chapter 7, Chapter 12, or Chapter 13, do not fill out this form. Do not include claims by anyone who is an insider. Insiders include your relatives; any general partners; relatives of any general partners; partnerships of which you are a general partner; corporations of which you are an officer, director, person in control, or owner of 20 percent or more of their voting securities; and any managing agent, including one for a business you operate as a sole proprietor. 11 U.S.C. § 101. Also, do not include claims by secured creditors unless the unsecured claim resulting from inadequate collateral value places the creditor among the holders of the 20 largest unsecured claims.

Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information.

Part 1: List the 20 Unsecured Claims in Order from Largest to Smallest. Do Not Include Claims by Insiders.

Unsecured claim

1 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________

__________________________________________ City State ZIP Code

__________________________________________ Contact

____________________________________ Contact phone

What is the nature of the claim? ____________________________ $____________________________

As of the date you file, the claim is: Check all that apply. Contingent Unliquidated Disputed None of the above apply

Does the creditor have a lien on your property? No Yes. Total claim (secured and unsecured): $_____________________

Value of security: - $_____________________

Unsecured claim $_____________________

2 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone





Unsecured claim $_____________________



United States Bankruptcy Court for the: ______________________ District of __________ (State)




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Unsecured claim

3 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone




Value of security: - $_____________________ Unsecured claim $_____________________

4 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone





5 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone





6 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone


As of the date you file, the claim is: Check all that apply. Contingent Unliquidated Disputed

None of the above apply



7 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone





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Unsecured claim

8 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone


As of the date you file, the claim is: Check all that apply. Contingent Unliquidated Disputed None of the above apply Does the creditor have a lien on your property? No Yes. Total claim (secured and unsecured): $_____________________


9 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone





10 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone






11 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone





12 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone



Does the creditor have a lien on your property? No Yes. Total claim (secured and unsecured): $_____________________ Value of security: - $_____________________ Unsecured claim $_____________________

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Unsecured claim

13 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone





14 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone






15 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone





16 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone





17 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone






Unsecured claim $_____________________

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Unsecured claim

18 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone





19 __________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone

What is the nature of the claim? ____________________________

$____________________________




20

__________________________________________ Creditor’s Name

__________________________________________ Number Street

__________________________________________


__________________________________________ Contact

____________________________________ Contact phone

What is the nature of the claim? ____________________________

$____________________________




Part 2: Sign Below

Under penalty of perjury, I declare that the information provided in this form is true and correct.

______________________________________________ ______________________________________________



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Official Form 105 Involuntary Petition Against an Individual 12/15 Use this form to begin a bankruptcy case against an individual you allege to be a debtor subject to an involuntary case. If you want to begin a case against a non-individual, use the Involuntary Petition Against a Non-individual (Official Form 205). Be as complete and accurate as possible. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write name and case number (if known).

Part 1: Identify the Chapter of the Bankruptcy Code Under Which Petition Is Filed

1. Chapter of the Bankruptcy Code

Check one:

Chapter 7

Chapter 11

Part 2: Identify the Debtor

2. Debtor’s full name __________________________________________________ First name

__________________________________________________ Middle name

__________________________________________________ Last name


3. Other names you know the debtor has used in the last 8 years

Include any assumed, married, maiden, or trade names, or doing business as names.

__________________________________________________

__________________________________________________

__________________________________________________

4. Only the last 4 digits of debtor’s Social Security Number or federal Individual Taxpayer Identification Number (ITIN)

Unknown

xxx – xx – ____ ____ ____ ____ OR 9 xx – xx – ____ ____ ____ ____

5. Any Employer Identification Numbers (EINs) used in the last 8 years

Unknown

___ ___ – ___ ___ ___ ___ ___ ___ ___ EIN

___ ___ – ___ ___ ___ ___ ___ ___ ___ EIN



Case number (If known): _________________________ Chapter _____



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6. Debtor’s address Principal residence Mailing address, if different from residence

_________________________________________________ Number Street

_________________________________________________


_________________________________________________ County

_________________________________________________ Number Street

_________________________________________________


Principal place of business

_________________________________________________ Number Street

_________________________________________________


_________________________________________________ County

7. Type of business Debtor does not operate a business

Check one if the debtor operates a business:





None of the above

8. Type of debt Each petitioner believes:

Debts are primarily consumer debts. Consumer debts are defined in 11 U.S.C. § 101(8) as “incurred by an individual primarily for a personal, family, or household purpose.”

Debts are primarily business debts. Business debts are debts that were incurred to obtain money for a business or investment or through the operation of the business or investment.

9. Do you know of any bankruptcy cases pending by or against any partner, spouse, or affiliate of this debtor?

No

Yes. Debtor _________________________________________________ Relationship __________________________

District __________________________Date filed _______________ Case number, if known___________________ MM / DD / YYYY

Debtor _________________________________________________ Relationship ___________________________

District __________________________ Date filed _______________ Case number, if known___________________ MM / DD / YYYY

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Part 3: Report About the Case

10. Venue

Reason for filing in this court. Check one:

Over the last 180 days before the filing of this bankruptcy, the debtor has resided, had the principal place of business, or had principal assets in this district longer than in any other district.

A bankruptcy case concerning debtor’s affiliates, general partner, or partnership is pending in this district.

Other reason. Explain. (See 28 U.S.C. § 1408.) ___________________________________________________

11. Allegations Each petitioner is eligible to file this petition under 11 U.S.C. § 303(b). The debtor may be the subject of an involuntary case under 11 U.S.C. § 303(a).

At least one box must be checked:

The debtor is generally not paying such debtor’s debts as they become due, unless they are the subject of a bona fide dispute as to liability or amount.

Within 120 days before the filing of this petition, a custodian, other than a trustee, receiver, or agent appointed or authorized to take charge of less than substantially all of the property of the debtor for the purpose of enforcing a lien against such property, was appointed or took possession.

12. Has there been a transfer of any claim against the debtor by or to any petitioner?

No

Yes. Attach all documents that evidence the transfer and any statements required under Bankruptcy Rule 1003(a).

13. Each petitioner’s claim Name of petitioner Nature of petitioner’s claim

Amount of the claim above the value of any lien

$ ________________

$ ________________

$ ________________

Total $

________________

If more than 3 petitioners, attach additional sheets with the statement under penalty of perjury, each petitioner’s (or representative’s) signature under the statement, along with the signature of the petitioner’s attorney, and the information on the petitioning creditor, the petitioner’s claim, the petitioner’s representative, and the attorney following the format on this form.

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Part 4: Request for Relief

Petitioners request that an order for relief be entered against the debtor under the chapter specified in Part 1 of this petition. If a petitioning creditor is a corporation, attach the corporate ownership statement required by Bankruptcy Rule 1010(b). If any petitioner is a foreign representative appointed in a foreign proceeding, a certified copy of the order of the court granting recognition is attached.

Petitioners declare under penalty of perjury that the information provided in this petition is true and correct. Petitioners understand that if they make a false statement, they could be fined up to $250,000 or imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571. If relief is not ordered, the court may award attorneys’ fees, costs, damages, and punitive damages. 11 U.S.C. § 303(i).

Petitioners or Petitioners’ Representative Attorneys

________________________________________ Signature of petitioner or representative, including representative’s title

______________________________________________________________ Printed name of petitioner

Date signed _________________ MM / DD / YYYY

Mailing address of petitioner

______________________________________________________________ Number Street

______________________________________________________________ City State ZIP Code

If petitioner is an individual and is not represented by an attorney:

Contact phone ____________________________

Email ____________________________

Name and mailing address of petitioner’s representative, if any

______________________________________________________________ Name

______________________________________________________________ Number Street


________________________________________ Signature of attorney

________________________________________________________________ Printed name

________________________________________________________________ Firm name, if any

________________________________________________________________ Number Street

________________________________________________________________ City State ZIP Code


Contact phone _________________ Email ____________________________

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______________________________________________________________ Number Street



______________________________________________________________ Name

______________________________________________________________ Number Street


________________________________________ Signature of Attorney

________________________________________________________________ Printed name

________________________________________________________________ Firm name, if any

________________________________________________________________ Number Street








______________________________________________________________ Number Street



______________________________________________________________ Name

______________________________________________________________ Number Street


________________________________________ Signature of Attorney

________________________________________________________________ Printed name

________________________________________________________________ Firm name, if any

________________________________________________________________ Number Street




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Official Form 106A/B Schedule A/B: Property 12/15 In each category, separately list and describe items. List an asset only once. If an asset fits in more than one category, list the asset in the category where you think it fits best. Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question.

Part 1: Describe Each Residence, Building, Land, or Other Real Estate You Own or Have an Interest In

1. Do you own or have any legal or equitable interest in any residence, building, land, or similar property?

No. Go to Part 2. Yes. Where is the property?

1.1. _________________________________________ Street address, if available, or other description

_________________________________________

_________________________________________ City State ZIP Code

_________________________________________ County

What is the property? Check all that apply. Single-family home Duplex or multi-unit building

Condominium or cooperative

Manufactured or mobile home

Land

Investment property

Timeshare

Other __________________________________

Do not deduct secured claims or exemptions. Put the amount of any secured claims on Schedule D: Creditors Who Have Claims Secured by Property.

Current value of the entire property?

$________________

Current value of the portion you own?

$_______________

Describe the nature of your ownership interest (such as fee simple, tenancy by the entireties, or a life estate), if known.

Who has an interest in the property? Check one.

Debtor 1 only Debtor 2 only Debtor 1 and Debtor 2 only At least one of the debtors and another

__________________________________________

Check if this is community property (see instructions)

Other information you wish to add about this item, such as local property identification number: _______________________________

If you own or have more than one, list here:

1.2. ________________________________________ Street address, if available, or other description

________________________________________

________________________________________ City State ZIP Code

________________________________________ County




Land

Investment property

Timeshare

Other __________________________________



$________________


$_________________




__________________________________________






Case number ___________________________________________

Fill in this information to identify your case and this filing:


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1.3. ________________________________________ Street address, if available, or other description

________________________________________


________________________________________ County




Land

Investment property

Timeshare

Other __________________________________



$________________


$_________________




__________________________________________



2. Add the dollar value of the portion you own for all of your entries from Part 1, including any entries for pages you have attached for Part 1. Write that number here. ......................................................................................

$_________________

Part 2: Describe Your Vehicles

Do you own, lease, or have legal or equitable interest in any vehicles, whether they are registered or not? Include any vehicles you own that someone else drives. If you lease a vehicle, also report it on Schedule G: Executory Contracts and Unexpired Leases.

3. Cars, vans, trucks, tractors, sport utility vehicles, motorcycles

No

Yes

3.1. Make: ______________

Model: ______________

Year: ____________

Approximate mileage: ____________

Other information:






$________________


$________________

If you own or have more than one, describe here:

3.2. Make: ______________

Model: ______________

Year: ____________


Other information:






$________________


$________________

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3.3. Make: ______________

Model: ______________

Year: ____________


Other information:






$________________


$________________

3.4. Make: ______________

Model: ______________

Year: ____________


Other information:






$________________


$________________

4. Watercraft, aircraft, motor homes, ATVs and other recreational vehicles, other vehicles, and accessories

Examples: Boats, trailers, motors, personal watercraft, fishing vessels, snowmobiles, motorcycle accessories

No

Yes

4.1. Make: ____________________

Model: ____________________

Year: ____________

Other information:






$________________


$________________

If you own or have more than one, list here:

4.2. Make: ____________________

Model: ____________________

Year: ____________

Other information:






$________________


$________________

5. Add the dollar value of the portion you own for all of your entries from Part 2, including any entries for pages you have attached for Part 2. Write that number here ............................................................................................................................

$_________________

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Part 3: Describe Your Personal and Household Items

Do you own or have any legal or equitable interest in any of the following items? Current value of the portion you own? Do not deduct secured claims or exemptions.

6. Household goods and furnishings

Examples: Major appliances, furniture, linens, china, kitchenware

No Yes. Describe. ........

$___________________

7. Electronics

Examples: Televisions and radios; audio, video, stereo, and digital equipment; computers, printers, scanners; music collections; electronic devices including cell phones, cameras, media players, games

No Yes. Describe. .........

$___________________

8. Collectibles of value

Examples: Antiques and figurines; paintings, prints, or other artwork; books, pictures, or other art objects; stamp, coin, or baseball card collections; other collections, memorabilia, collectibles


$___________________

9. Equipment for sports and hobbies

Examples: Sports, photographic, exercise, and other hobby equipment; bicycles, pool tables, golf clubs, skis; canoes and kayaks; carpentry tools; musical instruments


$___________________

10. Firearms

Examples: Pistols, rifles, shotguns, ammunition, and related equipment


$___________________

11. Clothes Examples: Everyday clothes, furs, leather coats, designer wear, shoes, accessories


$___________________

12. Jewelry

Examples: Everyday jewelry, costume jewelry, engagement rings, wedding rings, heirloom jewelry, watches, gems, gold, silver


$___________________

13. Non-farm animals

Examples: Dogs, cats, birds, horses


$___________________

14. Any other personal and household items you did not already list, including any health aids you did not list

No Yes. Give specific

information...............

$___________________

15. Add the dollar value of all of your entries from Part 3, including any entries for pages you have attached

for Part 3. Write that number here ........................................................................................................................................................ $______________________

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Part 4: Describe Your Financial Assets

Do you own or have any legal or equitable interest in any of the following? Current value of the portion you own? Do not deduct secured claims or exemptions.

16. Cash Examples: Money you have in your wallet, in your home, in a safe deposit box, and on hand when you file your petition

No

Yes ..................................................................................................................................................................... Cash: ....................... $__________________

17. Deposits of money Examples: Checking, savings, or other financial accounts; certificates of deposit; shares in credit unions, brokerage houses,

and other similar institutions. If you have multiple accounts with the same institution, list each.

No Yes ..................... Institution name:

17.1. Checking account: _________________________________________________________

17.2. Checking account: _________________________________________________________

17.3. Savings account: _________________________________________________________

17.4. Savings account: _________________________________________________________

17.5. Certificates of deposit: _________________________________________________________

17.6. Other financial account: _________________________________________________________




$__________________

$__________________

$__________________

$__________________

$__________________

$__________________

$__________________

$__________________

$__________________

18. Bonds, mutual funds, or publicly traded stocks

Examples: Bond funds, investment accounts with brokerage firms, money market accounts

No

Yes .................. Institution or issuer name:

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

$__________________

$__________________

$__________________

19. Non-publicly traded stock and interests in incorporated and unincorporated businesses, including an interest in an LLC, partnership, and joint venture


information about them. ........................

Name of entity: % of ownership:

_____________________________________________________________________ ___________%

_____________________________________________________________________ ___________%

_____________________________________________________________________ ___________%

$__________________

$__________________

$__________________

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20. Government and corporate bonds and other negotiable and non-negotiable instruments

Negotiable instruments include personal checks, cashiers’ checks, promissory notes, and money orders. Non-negotiable instruments are those you cannot transfer to someone by signing or delivering them.


information about them. ......................

Issuer name:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

$__________________

$__________________ $__________________

21. Retirement or pension accounts

Examples: Interests in IRA, ERISA, Keogh, 401(k), 403(b), thrift savings accounts, or other pension or profit-sharing plans

No

Yes. List each account separately. . Type of account: Institution name:

401(k) or similar plan: ___________________________________________________________________

Pension plan: ___________________________________________________________________

IRA: ___________________________________________________________________

Retirement account: ___________________________________________________________________

Keogh: ___________________________________________________________________

Additional account: ___________________________________________________________________

Additional account: ___________________________________________________________________

$__________________

$__________________

$__________________

$__________________

$__________________

$__________________

$__________________

22. Security deposits and prepayments Your share of all unused deposits you have made so that you may continue service or use from a company Examples: Agreements with landlords, prepaid rent, public utilities (electric, gas, water), telecommunications companies, or others

No

Yes ........................... Institution name or individual:

Electric: ______________________________________________________________________

Gas: ______________________________________________________________________

Heating oil: ______________________________________________________________________

Security deposit on rental unit: _____________________________________________________________

Prepaid rent: ______________________________________________________________________

Telephone: ______________________________________________________________________

Water: ______________________________________________________________________

Rented furniture: ______________________________________________________________________

Other: ______________________________________________________________________

$___________________

$___________________

$___________________

$___________________

$___________________

$___________________

$___________________

$___________________

$___________________

23. Annuities (A contract for a periodic payment of money to you, either for life or for a number of years)

No

Yes ........................... Issuer name and description:

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

$__________________

$__________________ $__________________

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24. Interests in an education IRA, in an account in a qualified ABLE program, or under a qualified state tuition program. 26 U.S.C. §§ 530(b)(1), 529A(b), and 529(b)(1).

No

Yes ..................................... Institution name and description. Separately file the records of any interests.11 U.S.C. § 521(c):

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

$_________________

$_________________

$_________________

25. Trusts, equitable or future interests in property (other than anything listed in line 1), and rights or powers exercisable for your benefit


information about them. ..

$__________________

26. Patents, copyrights, trademarks, trade secrets, and other intellectual property

Examples: Internet domain names, websites, proceeds from royalties and licensing agreements

No

Yes. Give specific information about them. ..

$__________________

27. Licenses, franchises, and other general intangibles

Examples: Building permits, exclusive licenses, cooperative association holdings, liquor licenses, professional licenses


information about them. ..

$__________________

Money or property owed to you? Current value of the portion you own? Do not deduct secured claims or exemptions.

28. Tax refunds owed to you

No Yes. Give specific information

about them, including whether you already filed the returns and the tax years. ......................

Federal: $_________________

State: $_________________

Local: $_________________

29. Family support

Examples: Past due or lump sum alimony, spousal support, child support, maintenance, divorce settlement, property settlement

No

Yes. Give specific information. ............. Alimony:

Maintenance:

Support:

Divorce settlement:

Property settlement:

$________________

$________________

$________________

$________________

$________________

30. Other amounts someone owes you Examples: Unpaid wages, disability insurance payments, disability benefits, sick pay, vacation pay, workers’ compensation,

Social Security benefits; unpaid loans you made to someone else

No Yes. Give specific information. ...............

$______________________

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31. Interests in insurance policies

Examples: Health, disability, or life insurance; health savings account (HSA); credit, homeowner’s, or renter’s insurance

No Yes. Name the insurance company

of each policy and list its value. ... Company name: Beneficiary:

___________________________________________ ____________________________

___________________________________________ ____________________________

___________________________________________ ____________________________

Surrender or refund value:

$__________________

$__________________

$__________________

32. Any interest in property that is due you from someone who has died

If you are the beneficiary of a living trust, expect proceeds from a life insurance policy, or are currently entitled to receive property because someone has died.

No Yes. Give specific information. .............

$_____________________

33. Claims against third parties, whether or not you have filed a lawsuit or made a demand for payment

Examples: Accidents, employment disputes, insurance claims, or rights to sue

No Yes. Describe each claim. .....................

$______________________

34. Other contingent and unliquidated claims of every nature, including counterclaims of the debtor and rights to set off claims

No Yes. Describe each claim. .....................

$_____________________

35. Any financial assets you did not already list

No Yes. Give specific information. ...........

$_____________________

36. Add the dollar value of all of your entries from Part 4, including any entries for pages you have attached

for Part 4. Write that number here ........................................................................................................................................................ $_____________________

Part 5: Describe Any Business-Related Property You Own or Have an Interest In. List any real estate in Part 1.

37. Do you own or have any legal or equitable interest in any business-related property?

No. Go to Part 6. Yes. Go to line 38.


Do not deduct secured claims or exemptions.

38. Accounts receivable or commissions you already earned

No Yes. Describe .......

$_____________________ 39. Office equipment, furnishings, and supplies

Examples: Business-related computers, software, modems, printers, copiers, fax machines, rugs, telephones, desks, chairs, electronic devices

No Yes. Describe ....... $_____________________

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40. Machinery, fixtures, equipment, supplies you use in business, and tools of your trade

No Yes. Describe ....... $_____________________

41. Inventory

No Yes. Describe .......

$_____________________

42. Interests in partnerships or joint ventures

No Yes. Describe ....... Name of entity: % of ownership:

______________________________________________________________________ ________%

______________________________________________________________________ ________%

______________________________________________________________________ ________%

$_____________________ $_____________________ $_____________________

43. Customer lists, mailing lists, or other compilations

No

Yes. Do your lists include personally identifiable information (as defined in 11 U.S.C. § 101(41A))?

No

Yes. Describe. ........

$____________________

44. Any business-related property you did not already list

No

Yes. Give specific information ......... ______________________________________________________________________________________ $____________________

______________________________________________________________________________________ $____________________

______________________________________________________________________________________ $____________________

______________________________________________________________________________________ $____________________

______________________________________________________________________________________ $____________________

______________________________________________________________________________________ $____________________ 45. Add the dollar value of all of your entries from Part 5, including any entries for pages you have attached

for Part 5. Write that number here ........................................................................................................................................................ $____________________

Part 6: Describe Any Farm- and Commercial Fishing-Related Property You Own or Have an Interest In. If you own or have an interest in farmland, list it in Part 1.

46. Do you own or have any legal or equitable interest in any farm- or commercial fishing-related property?

No. Go to Part 7. Yes. Go to line 47.


Do not deduct secured claims or exemptions.

47. Farm animals

Examples: Livestock, poultry, farm-raised fish

No

Yes ...........................

$___________________

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48. Crops—either growing or harvested


information. ............

$___________________

49. Farm and fishing equipment, implements, machinery, fixtures, and tools of trade No

Yes ...........................

$___________________

50. Farm and fishing supplies, chemicals, and feed

No

Yes ...........................

$___________________

51. Any farm- and commercial fishing-related property you did not already list No Yes. Give specific


$___________________

52. Add the dollar value of all of your entries from Part 6, including any entries for pages you have attached for Part 6. Write that number here ........................................................................................................................................................

$___________________

Part 7: Describe All Property You Own or Have an Interest in That You Did Not List Above

53. Do you have other property of any kind you did not already list? Examples: Season tickets, country club membership



$________________

$________________

$________________

54. Add the dollar value of all of your entries from Part 7. Write that number here ................................................................... $________________

Part 8: List the Totals of Each Part of this Form

55. Part 1: Total real estate, line 2 .................................................................................................................................................................... $________________

56. Part 2: Total vehicles, line 5 $________________

57. Part 3: Total personal and household items, line 15 $________________

58. Part 4: Total financial assets, line 36 $________________

59. Part 5: Total business-related property, line 45 $________________

60. Part 6: Total farm- and fishing-related property, line 52 $________________

61. Part 7: Total other property not listed, line 54 + $________________

62. Total personal property. Add lines 56 through 61. ................... $________________ Copy personal property total + $_________________

63. Total of all property on Schedule A/B. Add line 55 + line 62. ....................................................................................... $_________________

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Official Form 106C Schedule C: The Property You Claim as Exempt 12/15 Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. Using the property you listed on Schedule A/B: Property (Official Form 106A/B) as your source, list the property that you claim as exempt. If more space is needed, fill out and attach to this page as many copies of Part 2: Additional Page as necessary. On the top of any additional pages, write your name and case number (if known).

For each item of property you claim as exempt, you must specify the amount of the exemption you claim. One way of doing so is to state a specific dollar amount as exempt. Alternatively, you may claim the full fair market value of the property being exempted up to the amount of any applicable statutory limit. Some exemptions—such as those for health aids, rights to receive certain benefits, and tax-exempt retirement funds—may be unlimited in dollar amount. However, if you claim an exemption of 100% of fair market value under a law that limits the exemption to a particular dollar amount and the value of the property is determined to exceed that amount, your exemption would be limited to the applicable statutory amount.

Part 1: Identify the Property You Claim as Exempt

1. Which set of exemptions are you claiming? Check one only, even if your spouse is filing with you.

You are claiming state and federal nonbankruptcy exemptions. 11 U.S.C. § 522(b)(3) You are claiming federal exemptions. 11 U.S.C. § 522(b)(2)

2. For any property you list on Schedule A/B that you claim as exempt, fill in the information below.

Brief description of the property and line on Schedule A/B that lists this property

Current value of the portion you own

Copy the value from Schedule A/B

Amount of the exemption you claim

Check only one box for each exemption.

Specific laws that allow exemption

Brief description: Line from Schedule A/B:

_________________________ $________________ $ ____________ 100% of fair market value, up to

any applicable statutory limit

____________________________ ____________________________ ____________________________ ____________________________ ______




____________________________ ____________________________ ____________________________ ____________________________ ______

Brief description: _________________________ $________________ $ ____________

100% of fair market value, up to any applicable statutory limit

____________________________ ____________________________ ____________________________ ____________________________

Line from Schedule A/B: ______

3. Are you claiming a homestead exemption of more than $155,675?

(Subject to adjustment on 4/01/16 and every 3 years after that for cases filed on or after the date of adjustment.)

No

Yes. Did you acquire the property covered by the exemption within 1,215 days before you filed this case?

No Yes



United States Bankruptcy Court for the: ______________________ District of __________ (State) Case number ___________________________________________ (If known)



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Part 2: Additional Page

Brief description of the property and line on Schedule A/B that lists this property

Current value of the portion you own

Copy the value from Schedule A/B

Amount of the exemption you claim

Check only one box for each exemption

Specific laws that allow exemption




____________________________ ____________________________ ____________________________ ____________________________ ______




____________________________ ____________________________ ____________________________ ____________________________ ______




____________________________ ____________________________ ____________________________ ____________________________ ______




____________________________ ____________________________ ____________________________ ____________________________ ______




____________________________ ____________________________ ____________________________ ____________________________ ______




____________________________ ____________________________ ____________________________ ____________________________ ______




____________________________ ____________________________ ____________________________ ____________________________ ______




____________________________ ____________________________ ____________________________ ____________________________ ______




____________________________ ____________________________ ____________________________ ____________________________ ______




____________________________ ____________________________ ____________________________ ____________________________ ______




____________________________ ____________________________ ____________________________ ____________________________ ______




____________________________ ____________________________ ____________________________ ____________________________ ______

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Official Form 106D Schedule D: Creditors Who Have Claims Secured by Property 12/15 Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more space is needed, copy the Additional Page, fill it out, number the entries, and attach it to this form. On the top of any additional pages, write your name and case number (if known).

1. Do any creditors have claims secured by your property?

No. Check this box and submit this form to the court with your other schedules. You have nothing else to report on this form. Yes. Fill in all of the information below.

Part 1: List All Secured Claims

2. List all secured claims. If a creditor has more than one secured claim, list the creditor separately for each claim. If more than one creditor has a particular claim, list the other creditors in Part 2. As much as possible, list the claims in alphabetical order according to the creditor’s name.

Column A Amount of claim Do not deduct the value of collateral.

Column B Value of collateral that supports this claim

Column C Unsecured portion If any

2.1 ______________________________________ Creditor’s Name

______________________________________ Number Street

______________________________________

______________________________________ City State ZIP Code

Describe the property that secures the claim: $_________________ $________________ $____________

As of the date you file, the claim is: Check all that apply.

Contingent Unliquidated Disputed

Nature of lien. Check all that apply.

An agreement you made (such as mortgage or secured car loan)

Statutory lien (such as tax lien, mechanic’s lien) Judgment lien from a lawsuit Other (including a right to offset) ____________________

Who owes the debt? Check one.


Check if this claim relates to a community debt

Date debt was incurred ____________ Last 4 digits of account number ___ ___ ___ ___

2.2 ______________________________________ Creditor’s Name

______________________________________ Number Street

______________________________________












Add the dollar value of your entries in Column A on this page. Write that number here: $_________________







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Part 1: Additional Page After listing any entries on this page, number them beginning with 2.3, followed by 2.4, and so forth.



Column C Unsecured portion If any

______________________________________ Creditor’s Name

______________________________________ Number Street

______________________________________












______________________________________ Creditor’s Name

______________________________________ Number Street

______________________________________












______________________________________ Creditor’s Name

______________________________________ Number Street

______________________________________












Add the dollar value of your entries in Column A on this page. Write that number here: $_________________

If this is the last page of your form, add the dollar value totals from all pages. Write that number here: $_________________

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Part 2: List Others to Be Notified for a Debt That You Already Listed

Use this page only if you have others to be notified about your bankruptcy for a debt that you already listed in Part 1. For example, if a collection agency is trying to collect from you for a debt you owe to someone else, list the creditor in Part 1, and then list the collection agency here. Similarly, if you have more than one creditor for any of the debts that you listed in Part 1, list the additional creditors here. If you do not have additional persons to be notified for any debts in Part 1, do not fill out or submit this page.

_____________________________________________________________________ Name

_____________________________________________________________________ Number Street

_____________________________________________________________________

_____________________________________________________________________ City State ZIP Code

On which line in Part 1 did you enter the creditor? _____

Last 4 digits of account number ___ ___ ___ ___

_____________________________________________________________________ Name

_____________________________________________________________________ Number Street

_____________________________________________________________________




_____________________________________________________________________ Name

_____________________________________________________________________ Number Street

_____________________________________________________________________




_____________________________________________________________________ Name

_____________________________________________________________________ Number Street

_____________________________________________________________________




_____________________________________________________________________ Name

_____________________________________________________________________ Number Street

_____________________________________________________________________




_____________________________________________________________________ Name

_____________________________________________________________________ Number Street

_____________________________________________________________________




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Official Form 106E/F Schedule E/F: Creditors Who Have Unsecured Claims 12/15 Be as complete and accurate as possible. Use Part 1 for creditors with PRIORITY claims and Part 2 for creditors with NONPRIORITY claims. List the other party to any executory contracts or unexpired leases that could result in a claim. Also list executory contracts on Schedule A/B: Property (Official Form 106A/B) and on Schedule G: Executory Contracts and Unexpired Leases (Official Form 106G). Do not include any creditors with partially secured claims that are listed in Schedule D: Creditors Who Have Claims Secured by Property. If more space is needed, copy the Part you need, fill it out, number the entries in the boxes on the left. Attach the Continuation Page to this page. On the top of any additional pages, write your name and case number (if known).

Part 1: List All of Your PRIORITY Unsecured Claims

1. Do any creditors have priority unsecured claims against you?

No. Go to Part 2. Yes.

2. List all of your priority unsecured claims. If a creditor has more than one priority unsecured claim, list the creditor separately for each claim. For each claim listed, identify what type of claim it is. If a claim has both priority and nonpriority amounts, list that claim here and show both priority and nonpriority amounts. As much as possible, list the claims in alphabetical order according to the creditor’s name. If you have more than two priority unsecured claims, fill out the Continuation Page of Part 1. If more than one creditor holds a particular claim, list the other creditors in Part 3. (For an explanation of each type of claim, see the instructions for this form in the instruction booklet.)

Total claim Priority amount

Nonpriority amount

2.1 ____________________________________________ Priority Creditor’s Name

____________________________________________ Number Street

____________________________________________

____________________________________________ City State ZIP Code

Last 4 digits of account number ___ ___ ___ ___ $_____________ $___________ $____________

When was the debt incurred? ____________



Type of PRIORITY unsecured claim:

Domestic support obligations

Taxes and certain other debts you owe the government

Claims for death or personal injury while you were intoxicated

Other. Specify _________________________________

Who incurred the debt? Check one. Debtor 1 only Debtor 2 only Debtor 1 and Debtor 2 only At least one of the debtors and another

Check if this claim is for a community debt

Is the claim subject to offset? No Yes

2.2 ____________________________________________ Priority Creditor’s Name

____________________________________________ Number Street

____________________________________________


Who incurred the debt? Check one. Debtor 1 only Debtor 2 only Debtor 1 and Debtor 2 only At least one of the debtors and another







Type of PRIORITY unsecured claim: Domestic support obligations

Taxes and certain other debts you owe the government

Claims for death or personal injury while you were intoxicated

Other. Specify _________________________________

$_____________ $___________ $____________







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Part 1: Your PRIORITY Unsecured Claims ─ Continuation Page

After listing any entries on this page, number them beginning with 2.3, followed by 2.4, and so forth. Total claim Priority amount

Nonpriority amount

____________________________________________ Priority Creditor’s Name

____________________________________________ Number Street

____________________________________________


Who incurred the debt? Check one.



Is the claim subject to offset?

No Yes






Domestic support obligations Taxes and certain other debts you owe the government Claims for death or personal injury while you were

intoxicated Other. Specify _________________________________

$____________ $__________ $____________


____________________________________________ Number Street

____________________________________________






No Yes








$____________ $__________ $____________


____________________________________________ Number Street

____________________________________________






No Yes








$____________ $__________ $____________

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Part 2: List All of Your NONPRIORITY Unsecured Claims

3. Do any creditors have nonpriority unsecured claims against you?

No. You have nothing to report in this part. Submit this form to the court with your other schedules. Yes

4. List all of your nonpriority unsecured claims in the alphabetical order of the creditor who holds each claim. If a creditor has more than one nonpriority unsecured claim, list the creditor separately for each claim. For each claim listed, identify what type of claim it is. Do not list claims already included in Part 1. If more than one creditor holds a particular claim, list the other creditors in Part 3.If you have more than three nonpriority unsecured claims fill out the Continuation Page of Part 2.

Total claim

4.1 _____________________________________________________________

Nonpriority Creditor’s Name

_____________________________________________________________ Number Street

_____________________________________________________________ City State ZIP Code

Last 4 digits of account number ___ ___ ___ ___ $__________________




Type of NONPRIORITY unsecured claim:

Student loans Obligations arising out of a separation agreement or divorce

that you did not report as priority claims Debts to pension or profit-sharing plans, and other similar debts Other. Specify ______________________________________





No Yes

4.2 _____________________________________________________________


_____________________________________________________________ Number Street


Last 4 digits of account number ___ ___ ___ ___ $__________________











No Yes

4.3 _____________________________________________________________


_____________________________________________________________ Number Street


Last 4 digits of account number ___ ___ ___ ___ $_________________











No Yes

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Part 2: Your NONPRIORITY Unsecured Claims ─ Continuation Page

After listing any entries on this page, number them beginning with 4.5, followed by 4.6, and so forth. Total claim

_____________________________________________________________


_____________________________________________________________ Number Street






No Yes






Student loans Obligations arising out of a separation agreement or divorce that

you did not report as priority claims Debts to pension or profit-sharing plans, and other similar debts Other. Specify________________________________

$____________

_____________________________________________________________


_____________________________________________________________ Number Street






No Yes








$____________

_____________________________________________________________


_____________________________________________________________ Number Street






No Yes








$____________

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Part 3: List Others to Be Notified About a Debt That You Already Listed

5. Use this page only if you have others to be notified about your bankruptcy, for a debt that you already listed in Parts 1 or 2. For example, if a collection agency is trying to collect from you for a debt you owe to someone else, list the original creditor in Parts 1 or 2, then list the collection agency here. Similarly, if you have more than one creditor for any of the debts that you listed in Parts 1 or 2, list the additional creditors here. If you do not have additional persons to be notified for any debts in Parts 1 or 2, do not fill out or submit this page.

_____________________________________________________ Name

_____________________________________________________ Number Street

_____________________________________________________

_____________________________________________________ City State ZIP Code

On which entry in Part 1 or Part 2 did you list the original creditor?

Line _____ of (Check one): Part 1: Creditors with Priority Unsecured Claims

Part 2: Creditors with Nonpriority Unsecured Claims


_____________________________________________________ Name

_____________________________________________________ Number Street

_____________________________________________________






_____________________________________________________ Name

_____________________________________________________ Number Street

_____________________________________________________






_____________________________________________________ Name

_____________________________________________________ Number Street

_____________________________________________________






_____________________________________________________ Name

_____________________________________________________ Number Street

_____________________________________________________






_____________________________________________________ Name

_____________________________________________________ Number Street

_____________________________________________________






_____________________________________________________ Name

_____________________________________________________ Number Street

_____________________________________________________






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Part 4: Add the Amounts for Each Type of Unsecured Claim

6. Total the amounts of certain types of unsecured claims. This information is for statistical reporting purposes only. 28 U.S.C. § 159. Add the amounts for each type of unsecured claim.

Total claim

Total claims from Part 1

6a. Domestic support obligations 6a. $_________________________

6b. Taxes and certain other debts you owe the government 6b. $_________________________

6c. Claims for death or personal injury while you were intoxicated 6c. $_________________________

6d. Other. Add all other priority unsecured claims. Write that amount here. 6d. + $_________________________

6e. Total. Add lines 6a through 6d. 6e. $_________________________

Total claim

Total claims from Part 2

6f. Student loans 6f. $_________________________

6g. Obligations arising out of a separation agreement or divorce that you did not report as priority claims 6g. $_________________________

6h. Debts to pension or profit-sharing plans, and other similar debts 6h. $_________________________

6i. Other. Add all other nonpriority unsecured claims. Write that amount here. 6i. + $_________________________

6j. Total. Add lines 6f through 6i. 6j.

$_________________________

D

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Official Form 106G Schedule G: Executory Contracts and Unexpired Leases 12/15 Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more space is needed, copy the additional page, fill it out, number the entries, and attach it to this page. On the top of any additional pages, write your name and case number (if known).

1. Do you have any executory contracts or unexpired leases?

No. Check this box and file this form with the court with your other schedules. You have nothing else to report on this form. Yes. Fill in all of the information below even if the contracts or leases are listed on Schedule A/B: Property (Official Form 106A/B).

2. List separately each person or company with whom you have the contract or lease. Then state what each contract or lease is for (for example, rent, vehicle lease, cell phone). See the instructions for this form in the instruction booklet for more examples of executory contracts and unexpired leases.

Person or company with whom you have the contract or lease State what the contract or lease is for

2.1 _____________________________________________________________________ Name

_____________________________________________________________________ Number Street


2.2 _____________________________________________________________________ Name

_____________________________________________________________________ Number Street


2.3 _____________________________________________________________________ Name

_____________________________________________________________________ Number Street


2.4 _____________________________________________________________________ Name

_____________________________________________________________________ Number Street


2.5 _____________________________________________________________________ Name

_____________________________________________________________________ Number Street


Debtor __________________________________________________________________ First Name Middle Name Last Name

Debtor 2 ________________________________________________________________ (Spouse If filing) First Name Middle Name Last Name

United States Bankruptcy Court for the:______________________ District of ________ (State)




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Additional Page if You Have More Contracts or Leases

Person or company with whom you have the contract or lease What the contract or lease is for

2._ _____________________________________________________________________ Name

_____________________________________________________________________ Number Street


2._ _____________________________________________________________________ Name

_____________________________________________________________________ Number Street


2._ _____________________________________________________________________ Name

_____________________________________________________________________ Number Street


2._ _____________________________________________________________________ Name

_____________________________________________________________________ Number Street


2._ _____________________________________________________________________ Name

_____________________________________________________________________ Number Street


2._ _____________________________________________________________________ Name

_____________________________________________________________________ Number Street


2._ _____________________________________________________________________ Name

_____________________________________________________________________ Number Street


2._ _____________________________________________________________________ Name

_____________________________________________________________________ Number Street


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Official Form 106H Schedule H: Your Codebtors 12/15 Codebtors are people or entities who are also liable for any debts you may have. Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more space is needed, copy the Additional Page, fill it out, and number the entries in the boxes on the left. Attach the Additional Page to this page. On the top of any Additional Pages, write your name and case number (if known). Answer every question.

1. Do you have any codebtors? (If you are filing a joint case, do not list either spouse as a codebtor.) No

Yes

2. Within the last 8 years, have you lived in a community property state or territory? (Community property states and territories include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, and Wisconsin.)

No. Go to line 3. Yes. Did your spouse, former spouse, or legal equivalent live with you at the time?

No

Yes. In which community state or territory did you live? __________________. Fill in the name and current address of that person.

______________________________________________________________________ Name of your spouse, former spouse, or legal equivalent

______________________________________________________________________ Number Street

______________________________________________________________________ City State ZIP Code

3. In Column 1, list all of your codebtors. Do not include your spouse as a codebtor if your spouse is filing with you. List the person shown in line 2 again as a codebtor only if that person is a guarantor or cosigner. Make sure you have listed the creditor on Schedule D (Official Form 106D), Schedule E/F (Official Form 106E/F), or Schedule G (Official Form 106G). Use Schedule D, Schedule E/F, or Schedule G to fill out Column 2.

Column 1: Your codebtor Column 2: The creditor to whom you owe the debt

Check all schedules that apply:

3.1 ________________________________________________________________________________ Name

________________________________________________________________________________ Number Street

________________________________________________________________________________ City State ZIP Code

Schedule D, line ______

Schedule E/F, line ______

Schedule G, line ______

3.2 ________________________________________________________________________________ Name

________________________________________________________________________________ Number Street





3.3 ________________________________________________________________________________ Name

________________________________________________________________________________ Number Street







United States Bankruptcy Court for the:_______________________ District of ________ (State)

Case number ____________________________________________ (If known)



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Additional Page to List More Codebtors

Column 1: Your codebtor Column 2: The creditor to whom you owe the debt

Check all schedules that apply: 3._

________________________________________________________________________________ Name

________________________________________________________________________________ Number Street





3._ ________________________________________________________________________________ Name

________________________________________________________________________________ Number Street





3._ ________________________________________________________________________________ Name

________________________________________________________________________________ Number Street





3._ ________________________________________________________________________________ Name

________________________________________________________________________________ Number Street





3._ ________________________________________________________________________________ Name

________________________________________________________________________________ Number Street





3._ ________________________________________________________________________________ Name

________________________________________________________________________________ Number Street





3._ ________________________________________________________________________________ Name

________________________________________________________________________________ Number Street





3._

________________________________________________________________________________ Name

________________________________________________________________________________ Number Street





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Official Form 106I

Schedule I: Your Income 12/15 Be as complete and accurate as possible. If two married people are filing together (Debtor 1 and Debtor 2), both are equally responsible for supplying correct information. If you are married and not filing jointly, and your spouse is living with you, include information about your spouse. If you are separated and your spouse is not filing with you, do not include information about your spouse. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question.

Part 1: Describe Employment

1. Fill in your employment information.

If you have more than one job, attach a separate page with information about additional employers.

Include part-time, seasonal, or self-employed work.

Occupation may include student or homemaker, if it applies.

Debtor 1 Debtor 2 or non-filing spouse

Employment status Employed

Not employed

Employed

Not employed

Occupation __________________________________ __________________________________

Employer’s name __________________________________ __________________________________

Employer’s address _______________________________________ Number Street

_______________________________________

_______________________________________

_______________________________________ City State ZIP Code

________________________________________ Number Street

________________________________________

________________________________________


How long employed there? _______ _______

Part 2: Give Details About Monthly Income

Estimate monthly income as of the date you file this form. If you have nothing to report for any line, write $0 in the space. Include your non-filing spouse unless you are separated. If you or your non-filing spouse have more than one employer, combine the information for all employers for that person on the lines below. If you need more space, attach a separate sheet to this form.

For Debtor 1 For Debtor 2 or non-filing spouse

2. List monthly gross wages, salary, and commissions (before all payroll deductions). If not paid monthly, calculate what the monthly wage would be. 2. $___________ $____________

3. Estimate and list monthly overtime pay. 3. + $___________ + $____________

4. Calculate gross income. Add line 2 + line 3. 4. $__________ $____________

Debtor 1 ____________________________________________________________________ First Name Middle Name Last Name

Debtor 2 ____________________________________________________________________ (Spouse, if filing) First Name Middle Name Last Name

United States Bankruptcy Court for the: ______________________ District of ___________ (State)



Check if this is: An amended filing A supplement showing postpetition chapter 13

income as of the following date: ________________ MM / DD / YYYY

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For Debtor 1

For Debtor 2 or non-filing spouse

Copy line 4 here ............................................................................................ 4. $___________ $_____________

5. List all payroll deductions:

5a. Tax, Medicare, and Social Security deductions 5a. $____________ $_____________

5b. Mandatory contributions for retirement plans 5b. $____________ $_____________

5c. Voluntary contributions for retirement plans 5c. $____________ $_____________

5d. Required repayments of retirement fund loans 5d. $____________ $_____________

5e. Insurance 5e. $____________ $_____________

5f. Domestic support obligations 5f. $____________ $_____________

5g. Union dues 5g. $____________ $_____________

5h. Other deductions. Specify: __________________________________ 5h. + $____________ + $_____________

6. Add the payroll deductions. Add lines 5a + 5b + 5c + 5d + 5e +5f + 5g + 5h. 6. $____________ $_____________

7. Calculate total monthly take-home pay. Subtract line 6 from line 4. 7. $____________

$_____________

8. List all other income regularly received:

8a. Net income from rental property and from operating a business, profession, or farm

Attach a statement for each property and business showing gross receipts, ordinary and necessary business expenses, and the total monthly net income. 8a.

$____________ $_____________

8b. Interest and dividends 8b. $____________ $_____________

8c. Family support payments that you, a non-filing spouse, or a dependent regularly receive

Include alimony, spousal support, child support, maintenance, divorce settlement, and property settlement. 8c. $____________ $_____________

8d. Unemployment compensation 8d. $____________ $_____________

8e. Social Security 8e. $____________ $_____________

8f. Other government assistance that you regularly receive

Include cash assistance and the value (if known) of any non-cash assistance that you receive, such as food stamps (benefits under the Supplemental Nutrition Assistance Program) or housing subsidies. Specify: ___________________________________________________ 8f.

$____________

$_____________

8g. Pension or retirement income 8g. $____________ $_____________

8h. Other monthly income. Specify: _______________________________ 8h. + $____________ + $_____________

9. Add all other income. Add lines 8a + 8b + 8c + 8d + 8e + 8f +8g + 8h. 9. $____________ $_____________

10. Calculate monthly income. Add line 7 + line 9.

Add the entries in line 10 for Debtor 1 and Debtor 2 or non-filing spouse. 10. $___________ + $_____________ = $_____________

11. State all other regular contributions to the expenses that you list in Schedule J.

Include contributions from an unmarried partner, members of your household, your dependents, your roommates, and other friends or relatives.

Do not include any amounts already included in lines 2-10 or amounts that are not available to pay expenses listed in Schedule J.

Specify: _______________________________________________________________________________ 11. +

$_____________ 12. Add the amount in the last column of line 10 to the amount in line 11. The result is the combined monthly income.

Write that amount on the Summary of Your Assets and Liabilities and Certain Statistical Information, if it applies 12. $_____________

Combined monthly income

13. Do you expect an increase or decrease within the year after you file this form?

No. Yes. Explain:

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Official Form 106J Schedule J: Your Expenses 12/15

Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more space is needed, attach another sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question.

Part 1: Describe Your Household

1. Is this a joint case?

No. Go to line 2. Yes. Does Debtor 2 live in a separate household?

No Yes. Debtor 2 must file Official Form 106J-2, Expenses for Separate Household of Debtor 2.

2. Do you have dependents?

Do not list Debtor 1 and Debtor 2.

Do not state the dependents’ names.

No

Yes. Fill out this information for each dependent ..........................

Dependent’s relationship to Debtor 1 or Debtor 2

Dependent’s age

Does dependent live with you?

_________________________ ________ No

Yes

_________________________ ________ No

Yes

_________________________ ________ No

Yes

_________________________ ________ No

Yes

_________________________ ________ No

Yes 3. Do your expenses include

expenses of people other than yourself and your dependents?

No

Yes

Part 2: Estimate Your Ongoing Monthly Expenses

Estimate your expenses as of your bankruptcy filing date unless you are using this form as a supplement in a Chapter 13 case to report

expenses as of a date after the bankruptcy is filed. If this is a supplemental Schedule J, check the box at the top of the form and fill in the

applicable date.

Include expenses paid for with non-cash government assistance if you know the value of

such assistance and have included it on Schedule I: Your Income (Official Form 106I.)

Your expenses

4. The rental or home ownership expenses for your residence. Include first mortgage payments and any rent for the ground or lot. 4. $_____________________

If not included in line 4: 4a. Real estate taxes 4a. $_____________________

4b. Property, homeowner’s, or renter’s insurance 4b. $_____________________

4c. Home maintenance, repair, and upkeep expenses 4c. $_____________________

4d. Homeowner’s association or condominium dues 4d. $_____________________






Check if this is:

An amended filing A supplement showing postpetition chapter 13

expenses as of the following date: ________________ MM / DD / YYYY

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Your expenses

5. Additional mortgage payments for your residence, such as home equity loans 5. $_____________________

6. Utilities:

6a. Electricity, heat, natural gas 6a. $_____________________

6b. Water, sewer, garbage collection 6b. $_____________________ 6c. Telephone, cell phone, Internet, satellite, and cable services 6c. $_____________________ 6d. Other. Specify: _______________________________________________ 6d. $_____________________

7. Food and housekeeping supplies 7. $_____________________

8. Childcare and children’s education costs 8. $_____________________ 9. Clothing, laundry, and dry cleaning 9. $_____________________

10. Personal care products and services 10. $_____________________ 11. Medical and dental expenses 11. $_____________________ 12. Transportation. Include gas, maintenance, bus or train fare.

Do not include car payments. 12. $_____________________

13. Entertainment, clubs, recreation, newspapers, magazines, and books 13. $_____________________ 14. Charitable contributions and religious donations 14. $_____________________

15. Insurance.

Do not include insurance deducted from your pay or included in lines 4 or 20.

1

15a. Life insurance 15a. $_____________________

15b. Health insurance 15b. $_____________________

15c. Vehicle insurance 15c. $_____________________

15d. Other insurance. Specify:_______________________________________ 15d. $_____________________

16. Taxes. Do not include taxes deducted from your pay or included in lines 4 or 20. Specify: ________________________________________________________ 16.

$_____________________

17. Installment or lease payments:

17a. Car payments for Vehicle 1 17a. $_____________________

17b. Car payments for Vehicle 2 17b. $_____________________

17c. Other. Specify:_______________________________________________ 17c. $_____________________

17d. Other. Specify:_______________________________________________ 17d. $_____________________ 18. Your payments of alimony, maintenance, and support that you did not report as deducted from your pay on line 5, Schedule I, Your Income (Official Form 106I). 18. $_____________________

19. Other payments you make to support others who do not live with you.

Specify:_______________________________________________________ 19. $_____________________

20. Other real property expenses not included in lines 4 or 5 of this form or on Schedule I: Your Income.

20a. Mortgages on other property 20a. $_____________________

20b. Real estate taxes 20b. $_____________________

20c. Property, homeowner’s, or renter’s insurance 20c. $_____________________

20d. Maintenance, repair, and upkeep expenses 20d. $_____________________

20e. Homeowner’s association or condominium dues 20e. $_____________________

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21. Other. Specify: _________________________________________________ 21. +$_____________________

22. Calculate your monthly expenses. 22a. Add lines 4 through 21. 22a. 22b. Copy line 22 (monthly expenses for Debtor 2), if any, from Official Form 106J-2 22b. 22c. Add line 22a and 22b. The result is your monthly expenses. 22c.

$_____________________ $_____________________ $_____________________

23. Calculate your monthly net income.

23a. Copy line 12 (your combined monthly income) from Schedule I. 23a. $_____________________

23b. Copy your monthly expenses from line 22c above. 23b. – $_____________________

23c. Subtract your monthly expenses from your monthly income. The result is your monthly net income. 23c. $_____________________

24. Do you expect an increase or decrease in your expenses within the year after you file this form?

For example, do you expect to finish paying for your car loan within the year or do you expect your mortgage payment to increase or decrease because of a modification to the terms of your mortgage?

No.

Yes.

Explain here:

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Official Form 106J-2 Schedule J-2: Expenses for Separate Household of Debtor 2 page 1

Official Form 106J-2

Schedule J-2: Expenses for Separate Household of Debtor 2 12/15

Use this form for Debtor 2’s separate household expenses ONLY IF Debtor 1 and Debtor 2 maintain separate households. If Debtor 1 and

Debtor 2 have one or more dependents in common, list the dependents on both Schedule J and this form. Answer the questions on this form

only with respect to expenses for Debtor 2 that are not reported on Schedule J. Be as complete and accurate as possible. If more space is needed, attach another sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question.

Part 1: Describe Your Household

1. Do you and Debtor 1 maintain separate households?

No. Do not complete this form.

Yes

2. Do you have dependents?

Do not list Debtor 1 but list all other dependents of Debtor 2 regardless of whether listed as a dependent of Debtor 1 on Schedule J.

Do not state the dependents’ names.

No

Yes. Fill out this information for each dependent ..........................

Dependent’s relationship to Debtor 2:

Dependent’s age

Does dependent live with you?

_________________________ ________ No

Yes

_________________________ ________ No

Yes

_________________________ ________ No

Yes

_________________________ ________ No

Yes

_________________________ ________ No

Yes 3. Do your expenses include

expenses of people other than yourself, your dependents, and Debtor 1?

No

Yes

Part 2: Estimate Your Ongoing Monthly Expenses

Estimate your expenses as of your bankruptcy filing date unless you are using this form as a supplement in a Chapter 13 case to report

expenses as of a date after the bankruptcy is filed.

Include expenses paid for with non-cash government assistance if you know the value of

such assistance and have included it on Schedule I: Your Income (Official Form 106I.)

Your expenses

4. The rental or home ownership expenses for your residence. Include first mortgage payments and

any rent for the ground or lot. 4. $_____________________

If not included in line 4:

4a. Real estate taxes 4a. $_____________________

4b. Property, homeowner’s, or renter’s insurance 4b. $_____________________

4c. Home maintenance, repair, and upkeep expenses 4c. $_____________________

4d. Homeowner’s association or condominium dues 4d. $_____________________






Check if this is:

An amended filing

A supplement showing postpetition chapter 13

expenses as of the following date: ________________ MM / DD / YYYY

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Debtor 1 _______________________________________________________ Case number (if known)_____________________________________ First Name Middle Name Last Name


Your expenses

5. Additional mortgage payments for your residence, such as home equity loans 5. $_____________________

6. Utilities:

6a. Electricity, heat, natural gas 6a. $_____________________

6b. Water, sewer, garbage collection 6b. $_____________________

6c. Telephone, cell phone, Internet, satellite, and cable services 6c. $_____________________

6d. Other. Specify: _______________________________________________ 6d. $_____________________

7. Food and housekeeping supplies 7. $_____________________

8. Childcare and children’s education costs 8. $_____________________

9. Clothing, laundry, and dry cleaning 9. $_____________________

10. Personal care products and services 10. $_____________________

11. Medical and dental expenses 11. $_____________________

12. Transportation. Include gas, maintenance, bus or train fare.

Do not include car payments. 12. $_____________________

13. Entertainment, clubs, recreation, newspapers, magazines, and books 13. $_____________________

14. Charitable contributions and religious donations 14. $_____________________

15. Insurance.

Do not include insurance deducted from your pay or included in lines 4 or 20.

16.

15a. Life insurance 15a. $_____________________

15b. Health insurance 15b. $_____________________

15c. Vehicle insurance 15c. $_____________________

15d. Other insurance. Specify:_______________________________________ 15d. $_____________________

16. Taxes. Do not include taxes deducted from your pay or included in lines 4 or 20.

Specify: ________________________________________________________ 16. $_____________________

17. Installment or lease payments:

17a. Car payments for Vehicle 1 17a. $_____________________

17b. Car payments for Vehicle 2 17b. $_____________________

17c. Other. Specify:_______________________________________________ 17c. $_____________________

17d. Other. Specify:_______________________________________________ 17d. $_____________________

18. Your payments of alimony, maintenance, and support that you did not report as deducted from your pay on line 5, Schedule I, Your Income (Official Form 106I). 18. $_____________________

19. Other payments you make to support others who do not live with you.

Specify:_______________________________________________________ 19. $_____________________

20. Other real property expenses not included in lines 4 or 5 of this form or on Schedule I: Your Income.

20a. Mortgages on other property 20a. $_____________________

20b. Real estate taxes 20b. $_____________________

20c. Property, homeowner’s, or renter’s insurance 20c. $_____________________

20d. Maintenance, repair, and upkeep expenses 20d. $_____________________

20e. Homeowner’s association or condominium dues 20e. $_____________________

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Debtor 1 _______________________________________________________ Case number (if known)_____________________________________ First Name Middle Name Last Name


21. Other. Specify: _________________________________________________ 21. +$_____________________

22. Your monthly expenses. Add lines 5 through 21.

The result is the monthly expenses of Debtor 2. Copy the result to line 22b of Schedule J to calculate the total expenses for Debtor 1 and Debtor 2. 22.

$_____________________

23. Line not used on this form.

24. Do you expect an increase or decrease in your expenses within the year after you file this form?

For example, do you expect to finish paying for your car loan within the year or do you expect your

mortgage payment to increase or decrease because of a modification to the terms of your mortgage?

No.

Yes.

Explain here:

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Official Form 106Sum Summary of Your Assets and Liabilities and Certain Statistical Information 12/15 Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. Fill out all of your schedules first; then complete the information on this form. If you are filing amended schedules after you file your original forms, you must fill out a new Summary and check the box at the top of this page.

Part 1: Summarize Your Assets

Your assets Value of what you own

1. Schedule A/B: Property (Official Form 106A/B) 1a. Copy line 55, Total real estate, from Schedule A/B ........................................................................................................ $ ________________

1b. Copy line 62, Total personal property, from Schedule A/B ............................................................................................. $ ________________

1c. Copy line 63, Total of all property on Schedule A/B .......................................................................................................

$ ________________

Part 2: Summarize Your Liabilities

Your liabilities

Amount you owe

2. Schedule D: Creditors Who Have Claims Secured by Property (Official Form 106D) 2a. Copy the total you listed in Column A, Amount of claim, at the bottom of the last page of Part 1 of Schedule D ............ $ ________________

3. Schedule E/F: Creditors Who Have Unsecured Claims (Official Form 106E/F)

3a. Copy the total claims from Part 1 (priority unsecured claims) from line 6e of Schedule E/F ........................................... $ ________________

3b. Copy the total claims from Part 2 (nonpriority unsecured claims) from line 6j of Schedule E/F ....................................... + $ ________________

Your total liabilities $ ________________

Part 3: Summarize Your Income and Expenses

4. Schedule I: Your Income (Official Form 106I) Copy your combined monthly income from line 12 of Schedule I ........................................................................................ $ ________________

5. Schedule J: Your Expenses (Official Form 106J) Copy your monthly expenses from line 22c of Schedule J .................................................................................................. $ ________________







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Part 4: Answer These Questions for Administrative and Statistical Records

6. Are you filing for bankruptcy under Chapters 7, 11, or 13?

No. You have nothing to report on this part of the form. Check this box and submit this form to the court with your other schedules. Yes

7. What kind of debt do you have?

Your debts are primarily consumer debts. Consumer debts are those “incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(8). Fill out lines 8-9g for statistical purposes. 28 U.S.C. § 159.

Your debts are not primarily consumer debts. You have nothing to report on this part of the form. Check this box and submit this form to the court with your other schedules.

8. From the Statement of Your Current Monthly Income: Copy your total current monthly income from Official

Form 122A-1 Line 11; OR, Form 122B Line 11; OR, Form 122C-1 Line 14. $ _________________

9. Copy the following special categories of claims from Part 4, line 6 of Schedule E/F:

Total claim

From Part 4 on Schedule E/F, copy the following:

9a. Domestic support obligations (Copy line 6a.) $_____________________

9b. Taxes and certain other debts you owe the government. (Copy line 6b.) $_____________________

9c. Claims for death or personal injury while you were intoxicated. (Copy line 6c.) $_____________________

9d. Student loans. (Copy line 6f.) $_____________________

9e. Obligations arising out of a separation agreement or divorce that you did not report as priority claims. (Copy line 6g.)

$_____________________

9f. Debts to pension or profit-sharing plans, and other similar debts. (Copy line 6h.) + $_____________________

9g. Total. Add lines 9a through 9f. $_____________________

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Official Form 106Dec Declaration About an Individual Debtor’s Schedules 12/15 If two married people are filing together, both are equally responsible for supplying correct information.

You must file this form whenever you file bankruptcy schedules or amended schedules. Making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to $250,000, or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.

Sign Below

Did you pay or agree to pay someone who is NOT an attorney to help you fill out bankruptcy forms?

No Yes. Name of person__________________________________________________. Attach Bankruptcy Petition Preparer’s Notice, Declaration, and

Signature (Official Form 119).

Under penalty of perjury, I declare that I have read the summary and schedules filed with this declaration and that they are true and correct.

______________________________________________ _____________________________








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Official Form 107 Statement of Financial Affairs for Individuals Filing for Bankruptcy 12/15 Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question.

Part 1: Give Details About Your Marital Status and Where You Lived Before

1. What is your current marital status?

Married Not married

2. During the last 3 years, have you lived anywhere other than where you live now?

No Yes. List all of the places you lived in the last 3 years. Do not include where you live now.

Debtor 1: Dates Debtor 1 lived there

Debtor 2: Dates Debtor 2 lived there

__________________________________________ Number Street

__________________________________________


From ________

To ________

Same as Debtor 1

___________________________________________ Number Street

___________________________________________

___________________________________________ City State ZIP Code

Same as Debtor 1

From ________

To ________

__________________________________________ Number Street

__________________________________________


From ________

To ________

Same as Debtor 1

___________________________________________ Number Street

___________________________________________

___________________________________________ City State ZIP Code

Same as Debtor 1

From ________

To ________

3. Within the last 8 years, did you ever live with a spouse or legal equivalent in a community property state or territory? (Community property states and territories include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, and Wisconsin.)

No

Yes. Make sure you fill out Schedule H: Your Codebtors (Official Form 106H).

Part 2: Explain the Sources of Your Income



United States Bankruptcy Court for the: ______________________ District of ______________ (State)




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4. Did you have any income from employment or from operating a business during this year or the two previous calendar years? Fill in the total amount of income you received from all jobs and all businesses, including part-time activities. If you are filing a joint case and you have income that you receive together, list it only once under Debtor 1.

No Yes. Fill in the details.

Debtor 1 Debtor 2

Sources of income

Check all that apply. Gross income

(before deductions and exclusions)

Sources of income

Check all that apply. Gross income


From January 1 of current year until the date you filed for bankruptcy:

Wages, commissions, bonuses, tips

Operating a business

$________________ Wages, commissions,

bonuses, tips


$________________

For last calendar year:

(January 1 to December 31, _________) YYYY



$________________ Wages, commissions,

bonuses, tips


$________________

For the calendar year before that:

(January 1 to December 31, _________) YYYY


Operating a business $________________


Operating a business $________________

5. Did you receive any other income during this year or the two previous calendar years? Include income regardless of whether that income is taxable. Examples of other income are alimony; child support; Social Security, unemployment, and other public benefit payments; pensions; rental income; interest; dividends; money collected from lawsuits; royalties; and gambling and lottery winnings. If you are filing a joint case and you have income that you received together, list it only once under Debtor 1.

List each source and the gross income from each source separately. Do not include income that you listed in line 4.


Debtor 1 Debtor 2

Sources of income

Describe below. Gross income from each source


Sources of income

Describe below. Gross income from each source


From January 1 of current year until the date you filed for bankruptcy:

__________________

__________________

__________________

$_________________

$_________________

$_________________

_____________________

_____________________

_____________________

$_________________

$_________________

$_________________

For last calendar year:

(January 1 to December 31, ______) YYYY

__________________

__________________

__________________

$_________________

$_________________

$_________________

_____________________

_____________________

_____________________

$_________________

$_________________

$_________________

For the calendar year before that:

(January 1 to December 31, ______) YYYY

__________________

__________________

__________________

$_________________

$_________________

$_________________

_____________________

_____________________

_____________________

$_________________

$_________________

$_________________

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Part 3: List Certain Payments You Made Before You Filed for Bankruptcy

6. Are either Debtor 1’s or Debtor 2’s debts primarily consumer debts?

No. Neither Debtor 1 nor Debtor 2 has primarily consumer debts. Consumer debts are defined in 11 U.S.C. § 101(8) as “incurred by an individual primarily for a personal, family, or household purpose.”

During the 90 days before you filed for bankruptcy, did you pay any creditor a total of $6,225* or more?

No. Go to line 7.

Yes. List below each creditor to whom you paid a total of $6,225* or more in one or more payments and the total amount you paid that creditor. Do not include payments for domestic support obligations, such as child support and alimony. Also, do not include payments to an attorney for this bankruptcy case.

* Subject to adjustment on 4/01/16 and every 3 years after that for cases filed on or after the date of adjustment.

Yes. Debtor 1 or Debtor 2 or both have primarily consumer debts.

During the 90 days before you filed for bankruptcy, did you pay any creditor a total of $600 or more?

No. Go to line 7.

Yes. List below each creditor to whom you paid a total of $600 or more and the total amount you paid that creditor. Do not include payments for domestic support obligations, such as child support and alimony. Also, do not include payments to an attorney for this bankruptcy case.

____________________________________ Creditor’s Name

____________________________________ Number Street

____________________________________

____________________________________ City State ZIP Code

Dates of payment

Total amount paid Amount you still owe Was this payment for…

_________

_________

_________

$_________________ $__________________ Mortgage

Car

Credit card

Loan repayment

Suppliers or vendors

Other ____________

____________________________________ Creditor’s Name

____________________________________ Number Street

____________________________________


_________

_________

_________

$_________________ $__________________ Mortgage

Car

Credit card

Loan repayment


Other ____________

____________________________________ Creditor’s Name

____________________________________ Number Street

____________________________________


_________

_________

_________

$_________________ $__________________ Mortgage

Car

Credit card

Loan repayment


Other ____________

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7. Within 1 year before you filed for bankruptcy, did you make a payment on a debt you owed anyone who was an insider? Insiders include your relatives; any general partners; relatives of any general partners; partnerships of which you are a general partner; corporations of which you are an officer, director, person in control, or owner of 20% or more of their voting securities; and any managing agent, including one for a business you operate as a sole proprietor. 11 U.S.C. § 101. Include payments for domestic support obligations, such as child support and alimony.

No Yes. List all payments to an insider.

____________________________________________ Insider’s Name

____________________________________________ Number Street

____________________________________________


Dates of payment

Total amount paid

Amount you still owe

Reason for this payment

_________

_________

_________

$____________ $____________

____________________________________________ Insider’s Name

____________________________________________ Number Street

____________________________________________


_________

_________

_________

$____________ $____________

8. Within 1 year before you filed for bankruptcy, did you make any payments or transfer any property on account of a debt that benefited an insider? Include payments on debts guaranteed or cosigned by an insider.

No Yes. List all payments that benefited an insider.

____________________________________________ Insider’s Name

____________________________________________ Number Street

____________________________________________


Dates of payment

Total amount paid

Amount you still owe

Reason for this payment

Include creditor’s name

_________

_________

_________

$____________ $____________

____________________________________________ Insider’s Name

____________________________________________ Number Street

____________________________________________


_________

_________

_________

$____________ $____________

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Part 4: Identify Legal Actions, Repossessions, and Foreclosures 9. Within 1 year before you filed for bankruptcy, were you a party in any lawsuit, court action, or administrative proceeding?

List all such matters, including personal injury cases, small claims actions, divorces, collection suits, paternity actions, support or custody modifications, and contract disputes.


Case title_____________________________

____________________________________

Case number ________________________

Nature of the case Court or agency Status of the case

________________________________________ Court Name

________________________________________ Number Street


Pending

On appeal

Concluded

Case title_____________________________

____________________________________

Case number ________________________

________________________________________ Court Name

________________________________________ Number Street


Pending

On appeal

Concluded

10. Within 1 year before you filed for bankruptcy, was any of your property repossessed, foreclosed, garnished, attached, seized, or levied? Check all that apply and fill in the details below.

No. Go to line 11. Yes. Fill in the information below.

_________________________________________ Creditor’s Name

_________________________________________ Number Street

_________________________________________


Describe the property Date Value of the property

__________ $______________

Explain what happened

Property was repossessed. Property was foreclosed. Property was garnished. Property was attached, seized, or levied.

_________________________________________ Creditor’s Name

_________________________________________ Number Street

_________________________________________


Describe the property Date Value of the property

__________ $______________

Explain what happened

Property was repossessed. Property was foreclosed. Property was garnished. Property was attached, seized, or levied.

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11. Within 90 days before you filed for bankruptcy, did any creditor, including a bank or financial institution, set off any amounts from your accounts or refuse to make a payment because you owed a debt?


______________________________________ Creditor’s Name

______________________________________ Number Street

______________________________________


Describe the action the creditor took Date action was taken

Amount

____________ $________________

Last 4 digits of account number: XXXX–___ ___ ___ ___

12. Within 1 year before you filed for bankruptcy, was any of your property in the possession of an assignee for the benefit of creditors, a court-appointed receiver, a custodian, or another official?

No Yes Part 5: List Certain Gifts and Contributions

13. Within 2 years before you filed for bankruptcy, did you give any gifts with a total value of more than $600 per person?

No Yes. Fill in the details for each gift.

Gifts with a total value of more than $600 per person

Describe the gifts Dates you gave the gifts

Value

______________________________________ Person to Whom You Gave the Gift

______________________________________

______________________________________ Number Street


Person’s relationship to you ______________

_________

_________

$_____________

$_____________

Gifts with a total value of more than $600 per person

Describe the gifts Dates you gave the gifts

Value

______________________________________ Person to Whom You Gave the Gift

______________________________________

______________________________________ Number Street


Person’s relationship to you ______________

_________

_________

$_____________

$_____________

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14. Within 2 years before you filed for bankruptcy, did you give any gifts or contributions with a total value of more than $600 to any charity?

No Yes. Fill in the details for each gift or contribution.

Gifts or contributions to charities that total more than $600

Describe what you contributed Date you contributed

Value

_____________________________________ Charity’s Name

_____________________________________

_____________________________________ Number Street

_____________________________________ City State ZIP Code

_________

_________

$_____________

$_____________

Part 6: List Certain Losses

15. Within 1 year before you filed for bankruptcy or since you filed for bankruptcy, did you lose anything because of theft, fire, other disaster, or gambling?


Describe the property you lost and how the loss occurred

Describe any insurance coverage for the loss

Include the amount that insurance has paid. List pending insurance claims on line 33 of Schedule A/B: Property.

Date of your loss Value of property lost

_________ $_____________

Part 7: List Certain Payments or Transfers

16. Within 1 year before you filed for bankruptcy, did you or anyone else acting on your behalf pay or transfer any property to anyone you consulted about seeking bankruptcy or preparing a bankruptcy petition? Include any attorneys, bankruptcy petition preparers, or credit counseling agencies for services required in your bankruptcy.


___________________________________ Person Who Was Paid

___________________________________ Number Street

___________________________________

___________________________________ City State ZIP Code

____________________________________________ Email or website address

Description and value of any property transferred Date payment or transfer was made

Amount of payment

_________

_________

$_____________

$_____________

___________________________________ Person Who Made the Payment, if Not You

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____________________________________ Person Who Was Paid

____________________________________ Number Street

____________________________________


________________________________________________ Email or website address


Amount of payment

_________

_________

$_____________

$_____________

___________________________________ Person Who Made the Payment, if Not You

17. Within 1 year before you filed for bankruptcy, did you or anyone else acting on your behalf pay or transfer any property to anyone who promised to help you deal with your creditors or to make payments to your creditors? Do not include any payment or transfer that you listed on line 16.


____________________________________ Person Who Was Paid

____________________________________ Number Street

____________________________________



Amount of payment

_________

_________

$____________

$____________

18. Within 2 years before you filed for bankruptcy, did you sell, trade, or otherwise transfer any property to anyone, other than property

transferred in the ordinary course of your business or financial affairs? Include both outright transfers and transfers made as security (such as the granting of a security interest or mortgage on your property). Do not include gifts and transfers that you have already listed on this statement.


___________________________________ Person Who Received Transfer

___________________________________ Number Street

___________________________________


Description and value of property transferred

Describe any property or payments received or debts paid in exchange

Date transfer was made

_________

Person’s relationship to you _____________

___________________________________ Person Who Received Transfer

___________________________________ Number Street

___________________________________


_________

Person’s relationship to you _____________

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19. Within 10 years before you filed for bankruptcy, did you transfer any property to a self-settled trust or similar device of which you are a beneficiary? (These are often called asset-protection devices.)


Name of trust __________________________

______________________________________

Description and value of the property transferred Date transfer was made

_________

Part 8: List Certain Financial Accounts, Instruments, Safe Deposit Boxes, and Storage Units

20. Within 1 year before you filed for bankruptcy, were any financial accounts or instruments held in your name, or for your benefit, closed, sold, moved, or transferred? Include checking, savings, money market, or other financial accounts; certificates of deposit; shares in banks, credit unions, brokerage houses, pension funds, cooperatives, associations, and other financial institutions.

No

Yes. Fill in the details.

____________________________________ Name of Financial Institution

____________________________________ Number Street

____________________________________


Last 4 digits of account number Type of account or instrument

Date account was closed, sold, moved, or transferred

Last balance before closing or transfer

XXXX–___ ___ ___ ___ Checking

Savings

Money market

Brokerage

Other__________

_________ $___________


____________________________________ Number Street

____________________________________



Savings

Money market

Brokerage

Other__________

_________ $___________

21. Do you now have, or did you have within 1 year before you filed for bankruptcy, any safe deposit box or other depository for securities, cash, or other valuables?

No



____________________________________ Number Street

____________________________________


Who else had access to it? Describe the contents Do you still have it?

_______________________________________ Name

_______________________________________ Number Street


No

Yes

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22. Have you stored property in a storage unit or place other than your home within 1 year before you filed for bankruptcy?

No


___________________________________ Name of Storage Facility

___________________________________ Number Street

___________________________________


Who else has or had access to it? Describe the contents Do you still have it?

_______________________________________ Name

_______________________________________ Number Street


No

Yes

Part 9: Identify Property You Hold or Control for Someone Else

23. Do you hold or control any property that someone else owns? Include any property you borrowed from, are storing for, or hold in trust for someone.

No


___________________________________ Owner’s Name

___________________________________ Number Street

___________________________________


Where is the property? Describe the property Value

_________________________________________ Number Street

_________________________________________


$__________

Part 10: Give Details About Environmental Information

For the purpose of Part 10, the following definitions apply:

Environmental law means any federal, state, or local statute or regulation concerning pollution, contamination, releases of hazardous or toxic substances, wastes, or material into the air, land, soil, surface water, groundwater, or other medium, including statutes or regulations controlling the cleanup of these substances, wastes, or material.

Site means any location, facility, or property as defined under any environmental law, whether you now own, operate, or utilize it or used to own, operate, or utilize it, including disposal sites.

Hazardous material means anything an environmental law defines as a hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, contaminant, or similar term.

Report all notices, releases, and proceedings that you know about, regardless of when they occurred.

24. Has any governmental unit notified you that you may be liable or potentially liable under or in violation of an environmental law?

No


____________________________________ Name of site

____________________________________ Number Street

____________________________________


Governmental unit Environmental law, if you know it Date of notice

_______________________________ Governmental unit

_______________________________ Number Street

_______________________________ City State ZIP Code

_________

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25. Have you notified any governmental unit of any release of hazardous material?

No


____________________________________ Name of site

____________________________________ Number Street

____________________________________


Governmental unit Environmental law, if you know it Date of notice

_______________________________ Governmental unit

_______________________________ Number Street

_______________________________ City State ZIP Code

_________

26. Have you been a party in any judicial or administrative proceeding under any environmental law? Include settlements and orders.

No


Case title______________________________

______________________________________

______________________________________ Case number

Court or agency Nature of the case Status of the case

________________________________ Court Name

________________________________ Number Street

________________________________ City State ZIP Code

Pending

On appeal

Concluded

Part 11: Give Details About Your Business or Connections to Any Business

27. Within 4 years before you filed for bankruptcy, did you own a business or have any of the following connections to any business?

A sole proprietor or self-employed in a trade, profession, or other activity, either full-time or part-time A member of a limited liability company (LLC) or limited liability partnership (LLP)

A partner in a partnership

An officer, director, or managing executive of a corporation

An owner of at least 5% of the voting or equity securities of a corporation

No. None of the above applies. Go to Part 12.

Yes. Check all that apply above and fill in the details below for each business.

____________________________________ Business Name

____________________________________ Number Street

____________________________________


Describe the nature of the business Employer Identification number

Do not include Social Security number or ITIN.

EIN: ___ ___ – ___ ___ ___ ___ ___ ___ ___

Name of accountant or bookkeeper Dates business existed

From _______ To _______

____________________________________ Business Name

____________________________________ Number Street

____________________________________




EIN: ___ ___ – ___ ___ ___ ___ ___ ___ ___


From _______ To _______

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____________________________________ Business Name

____________________________________ Number Street

____________________________________




EIN: ___ ___ – ___ ___ ___ ___ ___ ___ ___


From _______ To _______

28. Within 2 years before you filed for bankruptcy, did you give a financial statement to anyone about your business? Include all financial institutions, creditors, or other parties.

No

Yes. Fill in the details below.

____________________________________ Name

____________________________________ Number Street

____________________________________


Date issued

____________ MM / DD / YYYY

Part 12: Sign Below

I have read the answers on this Statement of Financial Affairs and any attachments, and I declare under penalty of perjury that the answers are true and correct. I understand that making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to $250,000, or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.

______________________________________________ _____________________________


Date ________________ Date _________________

Did you attach additional pages to Your Statement of Financial Affairs for Individuals Filing for Bankruptcy (Official Form 107)?

No Yes

Did you pay or agree to pay someone who is not an attorney to help you fill out bankruptcy forms?

No Yes. Name of person_____________________________________________________________. Attach the Bankruptcy Petition Preparer’s Notice,

Declaration, and Signature (Official Form 119).

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Official Form 108 Statement of Intention for Individuals Filing Under Chapter 7 12/15 If you are an individual filing under chapter 7, you must fill out this form if: creditors have claims secured by your property, or you have leased personal property and the lease has not expired. You must file this form with the court within 30 days after you file your bankruptcy petition or by the date set for the meeting of creditors, whichever is earlier, unless the court extends the time for cause. You must also send copies to the creditors and lessors you list on the form.

If two married people are filing together in a joint case, both are equally responsible for supplying correct information. Both debtors must sign and date the form.

Be as complete and accurate as possible. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known).

Part 1: List Your Creditors Who Have Secured Claims

1. For any creditors that you listed in Part 1 of Schedule D: Creditors Who Have Claims Secured by Property (Official Form 106D), fill in the information below.

Identify the creditor and the property that is collateral What do you intend to do with the property that

secures a debt? Did you claim the property as exempt on Schedule C?

Creditor’s name:

Surrender the property.

Retain the property and redeem it.

Retain the property and enter into a Reaffirmation Agreement.

Retain the property and [explain]: __________ ______________________________________

No

Yes Description of property securing debt:

Creditor’s name:





No


Creditor’s name:





No


Creditor’s name:





No







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Part 2: List Your Unexpired Personal Property Leases

For any unexpired personal property lease that you listed in Schedule G: Executory Contracts and Unexpired Leases (Official Form 106G), fill in the information below. Do not list real estate leases. Unexpired leases are leases that are still in effect; the lease period has not yet ended. You may assume an unexpired personal property lease if the trustee does not assume it. 11 U.S.C. § 365(p)(2).

Describe your unexpired personal property leases Will the lease be assumed?

Lessor’s name: No

Yes Description of leased property:

Lessor’s name: No


Lessor’s name: No


Lessor’s name: No

Yes

Description of leased property:

Lessor’s name: No


Lessor’s name: No


Lessor’s name: No


Part 3: Sign Below

Under penalty of perjury, I declare that I have indicated my intention about any property of my estate that secures a debt and any personal property that is subject to an unexpired lease.

___________________________________________ ___________________________________________



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Official Form 119 Bankruptcy Petition Preparer’s Notice, Declaration, and Signature 12/15 Bankruptcy petition preparers as defined in 11 U.S.C. § 110 must fill out this form every time they help prepare documents that are filed in the

case. If more than one bankruptcy petition preparer helps with the documents, each must sign in Part 3. A bankruptcy petition preparer who

does not comply with the provisions of title 11 of the United States Code and the Federal Rules of Bankruptcy Procedure may be fined,

imprisoned, or both. 11 U.S.C. § 110; 18 U.S.C. § 156.

Part 1: Notice to Debtor

Bankruptcy petition preparers must give the debtor a copy of this form and have the debtor sign it before they prepare any documents for

filing or accept any compensation. A signed copy of this form must be filed with any document prepared.

Bankruptcy petition preparers are not attorneys and may not practice law or give you legal advice, including the following:

whether to file a petition under the Bankruptcy Code (11 U.S.C. § 101 et seq.);

whether filing a case under chapter 7, 11, 12, or 13 is appropriate;

whether your debts will be eliminated or discharged in a case under the Bankruptcy Code;

whether you will be able to keep your home, car, or other property after filing a case under the Bankruptcy Code;

what tax consequences may arise because a case is filed under the Bankruptcy Code;

whether any tax claims may be discharged;

whether you may or should promise to repay debts to a creditor or enter into a reaffirmation agreement;

how to characterize the nature of your interests in property or your debts; or

what procedures and rights apply in a bankruptcy case.

The bankruptcy petition preparer ________________________________________________________________ has notified me of Name

any maximum allowable fee before preparing any document for filing or accepting any fee.

___________________________________________________________________________________ Date _________________ Signature of Debtor 1 acknowledging receipt of this notice MM / DD / YYYY

___________________________________________________________________________________ Date _________________ Signature of Debtor 2 acknowledging receipt of this notice MM / DD / YYYY



United States Bankruptcy Court for the: _____________________ District of _________ (State)

Case number ___________________________________________ Chapter ____________ (If known)


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Part 2: Declaration and Signature of the Bankruptcy Petition Preparer

Under penalty of perjury, I declare that:

I am a bankruptcy petition preparer or the officer, principal, responsible person, or partner of a bankruptcy petition preparer;

I or my firm prepared the documents listed below and gave the debtor a copy of them and the Notice to Debtor by Bankruptcy Petition Preparer as required by 11 U.S.C. §§ 110(b), 110(h), and 342(b); and

if rules or guidelines are established according to 11 U.S.C. § 110(h) setting a maximum fee for services that bankruptcy petition preparers may charge, I or my firm notified the debtor of the maximum amount before preparing any document for filing or before accepting any fee from the debtor.

________________________________ ______________________ _______________________________________________________ Printed name Title, if any Firm name, if it applies

______________________________________________________ Number Street

____________________________________ __________ ______________ ______________________________ City State ZIP Code Contact phone

I or my firm prepared the documents checked below and the completed declaration is made a part of each document that I check:

(Check all that apply.) Voluntary Petition (Form 101)

Statement About Your Social Security Numbers (Form 121)

Summary of Your Assets and Liabilities and Certain Statistical Information (Form 106Sum)

Schedule A/B (Form 106A/B)

Schedule C (Form 106C)

Schedule D (Form 106D)

Schedule E/F (Form 106E/F)

Schedule G (Form 106G)

Schedule H (Form 106H)

Schedule I (Form 106I)

Schedule J (Form 106J)

Declaration About an Individual Debtor’s Schedules (Form 106Dec)

Statement of Financial Affairs (Form 107)

Statement of Intention for Individuals Filing Under Chapter 7 (Form 108)

Chapter 7 Statement of Your Current Monthly Income (Form 122A-1)

Statement of Exemption from Presumption of Abuse Under § 707(b)(2)

(Form 122A-1Supp)

Chapter 7 Means Test Calculation (Form 122A-2)

Chapter 11 Statement of Your Current Monthly Income (Form 122B)

Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period (Form 122C-1)

Chapter 13 Calculation of Your Disposable Income (Form 122C-2)

Application to Pay Filing Fee in Installments (Form 103A)

Application to Have Chapter 7 Filing Fee Waived (Form 103B)

A list of names and addresses of all creditors (creditor or mailing matrix)

Other _____________________________

Bankruptcy petition preparers must sign and give their Social Security numbers. If more than one bankruptcy petition preparer prepared the documents to which this declaration applies, the signature and Social Security number of each preparer must be provided. 11 U.S.C. § 110.

_______________________________________________________________ ___ ___ ___ -- ___ ___ -- ___ ___ ___ ___ Date _________________ Signature of bankruptcy petition preparer or officer, principal, responsible person, or partner

Social Security number of person who signed MM / DD / YYYY

_______________________________________________________________ Printed name

_______________________________________________________________ ___ ___ ___ -- ___ ___ -- ___ ___ ___ ___ Date _________________ Signature of bankruptcy petition preparer or officer, principal, responsible person, or partner

Social Security number of person who signed MM / DD / YYYY

_______________________________________________________________ Printed name

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Official Form 122A─1 Chapter 7 Statement of Your Current Monthly Income 12/15 Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for being accurate. If more space is needed, attach a separate sheet to this form. Include the line number to which the additional information applies. On the top of any additional pages, write your name and case number (if known). If you believe that you are exempted from a presumption of abuse because you do not have primarily consumer debts or because of qualifying military service, complete and file Statement of Exemption from Presumption of Abuse Under § 707(b)(2) (Official Form 122A-1Supp) with this form.

Part 1: Calculate Your Current Monthly Income

1. What is your marital and filing status? Check one only.

Not married. Fill out Column A, lines 2-11. Married and your spouse is filing with you. Fill out both Columns A and B, lines 2-11.

Married and your spouse is NOT filing with you. You and your spouse are:

Living in the same household and are not legally separated. Fill out both Columns A and B, lines 2-11.

Living separately or are legally separated. Fill out Column A, lines 2-11; do not fill out Column B. By checking this box, you declare under penalty of perjury that you and your spouse are legally separated under nonbankruptcy law that applies or that you and your spouse are living apart for reasons that do not include evading the Means Test requirements. 11 U.S.C. § 707(b)(7)(B).

Fill in the average monthly income that you received from all sources, derived during the 6 full months before you file this bankruptcy case. 11 U.S.C. § 101(10A). For example, if you are filing on September 15, the 6-month period would be March 1 through August 31. If the amount of your monthly income varied during the 6 months, add the income for all 6 months and divide the total by 6. Fill in the result. Do not include any income amount more than once. For example, if both spouses own the same rental property, put the income from that property in one column only. If you have nothing to report for any line, write $0 in the space.

Column A Debtor 1

Column B Debtor 2 or non-filing spouse

2. Your gross wages, salary, tips, bonuses, overtime, and commissions (before all payroll deductions).

$_________ $__________

3. Alimony and maintenance payments. Do not include payments from a spouse if Column B is filled in. $_________ $__________

4. All amounts from any source which are regularly paid for household expenses of you or your dependents, including child support. Include regular contributions from an unmarried partner, members of your household, your dependents, parents, and roommates. Include regular contributions from a spouse only if Column B is not filled in. Do not include payments you listed on line 3.

$_________ $__________

5. Net income from operating a business, profession, or farm

Debtor 1 Debtor 2

Gross receipts (before all deductions) $______

$______

Ordinary and necessary operating expenses – $______ – $______ Net monthly income from a business, profession, or farm $______ $______

Copy here $_________ $__________

6. Net income from rental and other real property Debtor 1 Debtor 2 Gross receipts (before all deductions) $______

$______

Ordinary and necessary operating expenses – $______ – $______ Net monthly income from rental or other real property $______ $______

Copy here $_________ $__________

7. Interest, dividends, and royalties $_________ $__________


1. There is no presumption of abuse.

2. The calculation to determine if a presumption of abuse applies will be made under Chapter 7 Means Test Calculation (Official Form 122A–2).

3. The Means Test does not apply now because of qualified military service but it could apply later.

Check one box only as directed in this form and in

Form 122A-1Supp: Debtor 1 __________________________________________________________________ First Name Middle Name Last Name





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Column A Debtor 1


8. Unemployment compensation $__________ $___________

Do not enter the amount if you contend that the amount received was a benefit under the Social Security Act. Instead, list it here: .................................

For you ..................................................................................... $______________ For your spouse ..................................................................... $______________

9. Pension or retirement income. Do not include any amount received that was a benefit under the Social Security Act.

$__________ $___________

10. Income from all other sources not listed above. Specify the source and amount. Do not include any benefits received under the Social Security Act or payments received as a victim of a war crime, a crime against humanity, or international or domestic terrorism. If necessary, list other sources on a separate page and put the total below.

______________________________________ $_________ $___________ ______________________________________ $_________ $___________ Total amounts from separate pages, if any. + $_________ + $___________

11. Calculate your total current monthly income. Add lines 2 through 10 for each column. Then add the total for Column A to the total for Column B. $_________ + $___________ = $__________

Total current monthly income

Part 2: Determine Whether the Means Test Applies to You

12. Calculate your current monthly income for the year. Follow these steps:

12a. Copy your total current monthly income from line 11. ..................................................................................... Copy line 11 here $__________

Multiply by 12 (the number of months in a year). x 12

12b. The result is your annual income for this part of the form. 12b. $__________

13. Calculate the median family income that applies to you. Follow these steps:

Fill in the state in which you live.

Fill in the number of people in your household.

Fill in the median family income for your state and size of household. ................................................................................................. 13. To find a list of applicable median income amounts, go online using the link specified in the separate instructions for this form. This list may also be available at the bankruptcy clerk’s office.

$__________

14. How do the lines compare?

14a. Line 12b is less than or equal to line 13. On the top of page 1, check box 1, There is no presumption of abuse. Go to Part 3.

14b. Line 12b is more than line 13. On the top of page 1, check box 2, The presumption of abuse is determined by Form 122A-2. Go to Part 3 and fill out Form 122A–2.

Part 3: Sign Below

By signing here, I declare under penalty of perjury that the information on this statement and in any attachments is true and correct.

__________________________________________________________ ______________________________________



If you checked line 14a, do NOT fill out or file Form 122A–2.

If you checked line 14b, fill out Form 122A–2 and file it with this form. ¯¯¯¯¯

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Official Form 122A─1Supp Statement of Exemption from Presumption of Abuse Under § 707(b)(2) 12/15 File this supplement together with Chapter 7 Statement of Your Current Monthly Income (Official Form 122A-1), if you believe that you are exempted from a presumption of abuse. Be as complete and accurate as possible. If two married people are filing together, and any of the exclusions in this statement applies to only one of you, the other person should complete a separate Form 122A-1 if you believe that this is required by 11 U.S.C. § 707(b)(2)(C).

Part 1: Identify the Kind of Debts You Have

1. Are your debts primarily consumer debts? Consumer debts are defined in 11 U.S.C. § 101(8) as “incurred by an individual primarily for a personal, family, or household purpose.” Make sure that your answer is consistent with the answer you gave at line 16 of the Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101).

No. Go to Form 122A-1; on the top of page 1 of that form, check box 1, There is no presumption of abuse, and sign Part 3. Then submit this supplement with the signed Form 122A-1.

Yes. Go to Part 2.

Part 2: Determine Whether Military Service Provisions Apply to You

2. Are you a disabled veteran (as defined in 38 U.S.C. § 3741(1))?

No. Go to line 3. Yes. Did you incur debts mostly while you were on active duty or while you were performing a homeland defense activity?

10 U.S.C. § 101(d)(1); 32 U.S.C. § 901(1).

No. Go to line 3.

Yes. Go to Form 122A-1; on the top of page 1 of that form, check box 1, There is no presumption of abuse, and sign Part 3. Then submit this supplement with the signed Form 122A-1.

3. Are you or have you been a Reservist or member of the National Guard? No. Complete Form 122A-1. Do not submit this supplement.

Yes. Were you called to active duty or did you perform a homeland defense activity? 10 U.S.C. § 101(d)(1); 32 U.S.C. § 901(1).

No. Complete Form 122A-1. Do not submit this supplement.

Yes. Check any one of the following categories that applies:

I was called to active duty after September 11, 2001, for at least 90 days and remain on active duty.

I was called to active duty after September 11, 2001, for at least 90 days and was released from active duty on _______________, which is fewer than 540 days before I file this bankruptcy case.

I am performing a homeland defense activity for at least 90 days.

I performed a homeland defense activity for at least 90 days, ending on _______________, which is fewer than 540 days before I file this bankruptcy case.

If you checked one of the categories to the left, go to Form 122A-1. On the top of page 1 of Form 122A-1, check box 3, The Means Test does not apply now, and sign Part 3. Then submit this supplement with the signed Form 122A-1. You are not required to fill out the rest of Official Form 122A-1 during the exclusion period. The exclusion period means the time you are on active duty or are performing a homeland defense activity, and for 540 days afterward. 11 U.S.C. § 707(b)(2)(D)(ii).

If your exclusion period ends before your case is closed, you may have to file an amended form later.







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Official Form 122A–2 Chapter 7 Means Test Calculation 12/15 To fill out this form, you will need your completed copy of Chapter 7 Statement of Your Current Monthly Income (Official Form 122A-1).

Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for being accurate. If more space is needed, attach a separate sheet to this form. Include the line number to which the additional information applies. On the top of any additional pages, write your name and case number (if known).

Part 1: Determine Your Adjusted Income

1. Copy your total current monthly income. .................................................................. Copy line 11 from Official Form 122A-1 here ........... $_________

2. Did you fill out Column B in Part 1 of Form 122A–1?

No. Fill in $0 for the total on line 3.

Yes. Is your spouse filing with you?

No. Go to line 3.

Yes. Fill in $0 for the total on line 3.

3. Adjust your current monthly income by subtracting any part of your spouse’s income not used to pay for the household expenses of you or your dependents. Follow these steps:

On line 11, Column B of Form 122A–1, was any amount of the income you reported for your spouse NOT regularly used for the household expenses of you or your dependents?

No. Fill in 0 for the total on line 3.

Yes. Fill in the information below:

State each purpose for which the income was used

For example, the income is used to pay your spouse’s tax debt or to support people other than you or your dependents

Fill in the amount you are subtracting from your spouse’s income

___________________________________________________ $______________

___________________________________________________ $______________

___________________________________________________ + $______________

Total. .............................................................................................. $______________ Copy total here ................ ─ $_________

4. Adjust your current monthly income. Subtract the total on line 3 from line 1. $_________

Debtor 1 _________________________________________________________________ First Name Middle Name Last Name





According to the calculations required by this Statement:

1. There is no presumption of abuse.

2. There is a presumption of abuse.


Check the appropriate box as directed in lines 40 or 42:

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Part 2: Calculate Your Deductions from Your Income

The Internal Revenue Service (IRS) issues National and Local Standards for certain expense amounts. Use these amounts to answer the questions in lines 6-15. To find the IRS standards, go online using the link specified in the separate instructions for this form. This information may also be available at the bankruptcy clerk’s office.

Deduct the expense amounts set out in lines 6-15 regardless of your actual expense. In later parts of the form, you will use some of your actual expenses if they are higher than the standards. Do not deduct any amounts that you subtracted from your spouse’s income in line 3 and do not deduct any operating expenses that you subtracted from income in lines 5 and 6 of Form 122A–1.

If your expenses differ from month to month, enter the average expense.

Whenever this part of the form refers to you, it means both you and your spouse if Column B of Form 122A–1 is filled in.

5. The number of people used in determining your deductions from income

Fill in the number of people who could be claimed as exemptions on your federal income tax return, plus the number of any additional dependents whom you support. This number may be different from the number of people in your household.

National Standards You must use the IRS National Standards to answer the questions in lines 6-7.

6. Food, clothing, and other items: Using the number of people you entered in line 5 and the IRS National Standards, fill in the dollar amount for food, clothing, and other items. $________

7. Out-of-pocket health care allowance: Using the number of people you entered in line 5 and the IRS National Standards, fill in the dollar amount for out-of-pocket health care. The number of people is split into two categoriespeople who are under 65 and people who are 65 or olderbecause older people have a higher IRS allowance for health care costs. If your actual expenses are higher than this IRS amount, you may deduct the additional amount on line 22.

People who are under 65 years of age

7a. Out-of-pocket health care allowance per person $____________

7b. Number of people who are under 65

X ______

7c. Subtotal. Multiply line 7a by line 7b. $____________ Copy here $___________

People who are 65 years of age or older

7d. Out-of-pocket health care allowance per person

$____________

7e. Number of people who are 65 or older X ______

7f. Subtotal. Multiply line 7d by line 7e. $____________ Copy here + $___________

7g. Total. Add lines 7c and 7f. ................................................................................... $___________ Copy total here $________

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Local Standards You must use the IRS Local Standards to answer the questions in lines 8-15.

Based on information from the IRS, the U.S. Trustee Program has divided the IRS Local Standard for housing for bankruptcy purposes into two parts:

Housing and utilities – Insurance and operating expenses Housing and utilities – Mortgage or rent expenses

To answer the questions in lines 8-9, use the U.S. Trustee Program chart.

To find the chart, go online using the link specified in the separate instructions for this form. This chart may also be available at the bankruptcy clerk’s office.

8. Housing and utilities – Insurance and operating expenses: Using the number of people you entered in line 5, fill in the dollar amount listed for your county for insurance and operating expenses. ....................................................................... $____________

9. Housing and utilities – Mortgage or rent expenses:

9a. Using the number of people you entered in line 5, fill in the dollar amount listed for your county for mortgage or rent expenses. .................................................................... $___________

9b. Total average monthly payment for all mortgages and other debts secured by your home.

To calculate the total average monthly payment, add all amounts that are contractually due to each secured creditor in the 60 months after you file for bankruptcy. Then divide by 60.

Name of the creditor Average monthly payment

___________________________________ $____________

___________________________________ $____________

___________________________________ + $____________

Total average monthly payment $____________

Copy

here ─ $___________ Repeat this amount on line 33a.

9c. Net mortgage or rent expense. Subtract line 9b (total average monthly payment) from line 9a (mortgage or

rent expense). If this amount is less than $0, enter $0. ....................................................................

Copy

here $___________

$___________

10. If you claim that the U.S. Trustee Program’s division of the IRS Local Standard for housing is incorrect and affects the calculation of your monthly expenses, fill in any additional amount you claim.

$___________

Explain

why: _________________________________________________________________ _________________________________________________________________

11. Local transportation expenses: Check the number of vehicles for which you claim an ownership or operating expense.

0. Go to line 14.

1. Go to line 12. 2 or more. Go to line 12.

12. Vehicle operation expense: Using the IRS Local Standards and the number of vehicles for which you claim the operating expenses, fill in the Operating Costs that apply for your Census region or metropolitan statistical area. $___________

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13. Vehicle ownership or lease expense: Using the IRS Local Standards, calculate the net ownership or lease expense for each vehicle below. You may not claim the expense if you do not make any loan or lease payments on the vehicle. In addition, you may not claim the expense for more than two vehicles.

Vehicle 1 Describe Vehicle 1: _______________________________________________________________

_______________________________________________________________

13a. Ownership or leasing costs using IRS Local Standard. .................................................

$___________

13b. Average monthly payment for all debts secured by Vehicle 1. Do not include costs for leased vehicles.

To calculate the average monthly payment here and on line 13e, add all amounts that are contractually due to each secured creditor in the 60 months after you filed for bankruptcy. Then divide by 60.

Name of each creditor for Vehicle 1 Average monthly payment

_____________________________________ $____________

_____________________________________ + $____________

Total average monthly payment $____________ Copy

here ─ $____________ Repeat this amount on line 33b.

13c. Net Vehicle 1 ownership or lease expense Subtract line 13b from line 13a. If this amount is less than $0, enter $0. .............................. $____________

Copy net Vehicle 1 expense

here ..... $_________

Vehicle 2 Describe Vehicle 2: _______________________________________________________________

_______________________________________________________________

13d. Ownership or leasing costs using IRS Local Standard. ................................................ $____________

13e. Average monthly payment for all debts secured by Vehicle 2. Do not include costs for leased vehicles.


_____________________________________ $____________

_____________________________________ + $____________

Total average monthly payment $____________ Copy

here ─ $____________ Repeat this amount on line 33c.

13f. Net Vehicle 2 ownership or lease expense Subtract line 13e from 13d. If this amount is less than $0, enter $0. ...................................... $____________

Copy net Vehicle 2 expense

here ... $________

14. Public transportation expense: If you claimed 0 vehicles in line 11, using the IRS Local Standards, fill in the Public Transportation expense allowance regardless of whether you use public transportation.

$________

15. Additional public transportation expense: If you claimed 1 or more vehicles in line 11 and if you claim that you may also deduct a public transportation expense, you may fill in what you believe is the appropriate expense, but you may not claim more than the IRS Local Standard for Public Transportation.

$________

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Other Necessary Expenses In addition to the expense deductions listed above, you are allowed your monthly expenses for the following IRS categories.

16. Taxes: The total monthly amount that you will actually owe for federal, state and local taxes, such as income taxes, self-employment taxes, Social Security taxes, and Medicare taxes. You may include the monthly amount withheld from your pay for these taxes. However, if you expect to receive a tax refund, you must divide the expected refund by 12 and subtract that number from the total monthly amount that is withheld to pay for taxes. Do not include real estate, sales, or use taxes.

$________

17. Involuntary deductions: The total monthly payroll deductions that your job requires, such as retirement contributions, union dues, and uniform costs. Do not include amounts that are not required by your job, such as voluntary 401(k) contributions or payroll savings. $________

18. Life insurance: The total monthly premiums that you pay for your own term life insurance. If two married people are filing together, include payments that you make for your spouse’s term life insurance. Do not include premiums for life insurance on your dependents, for a non-filing spouse’s life insurance, or for any form of life insurance other than term. $________

19. Court-ordered payments: The total monthly amount that you pay as required by the order of a court or administrative agency, such as spousal or child support payments. Do not include payments on past due obligations for spousal or child support. You will list these obligations in line 35. $________

20. Education: The total monthly amount that you pay for education that is either required: as a condition for your job, or for your physically or mentally challenged dependent child if no public education is available for similar services. $________

21. Childcare: The total monthly amount that you pay for childcare, such as babysitting, daycare, nursery, and preschool. Do not include payments for any elementary or secondary school education. $_______

22. Additional health care expenses, excluding insurance costs: The monthly amount that you pay for health care that is required for the health and welfare of you or your dependents and that is not reimbursed by insurance or paid by a health savings account. Include only the amount that is more than the total entered in line 7. Payments for health insurance or health savings accounts should be listed only in line 25.

$________

23. Optional telephones and telephone services: The total monthly amount that you pay for telecommunication services for you and your dependents, such as pagers, call waiting, caller identification, special long distance, or business cell phone service, to the extent necessary for your health and welfare or that of your dependents or for the production of income, if it is not reimbursed by your employer. Do not include payments for basic home telephone, internet and cell phone service. Do not include self-employment expenses, such as those reported on line 5 of Official Form 122A-1, or any amount you previously deducted.

+ $_______

24. Add all of the expenses allowed under the IRS expense allowances.

Add lines 6 through 23. $_______

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Additional Expense Deductions These are additional deductions allowed by the Means Test. Note: Do not include any expense allowances listed in lines 6-24.

25. Health insurance, disability insurance, and health savings account expenses. The monthly expenses for health insurance, disability insurance, and health savings accounts that are reasonably necessary for yourself, your spouse, or your dependents.

Health insurance $____________

Disability insurance $____________

Health savings account + $____________

Total $____________ Copy total here .................................... $________

Do you actually spend this total amount?

No. How much do you actually spend? Yes

$___________

26. Continuing contributions to the care of household or family members. The actual monthly expenses that you will continue to pay for the reasonable and necessary care and support of an elderly, chronically ill, or disabled member of your household or member of your immediate family who is unable to pay for such expenses. These expenses may include contributions to an account of a qualified ABLE program. 26 U.S.C. § 529A(b).

$________

27. Protection against family violence. The reasonably necessary monthly expenses that you incur to maintain the safety

of you and your family under the Family Violence Prevention and Services Act or other federal laws that apply.

By law, the court must keep the nature of these expenses confidential.

$________

28. Additional home energy costs. Your home energy costs are included in your insurance and operating expenses on line 8.

If you believe that you have home energy costs that are more than the home energy costs included in expenses on line 8, then fill in the excess amount of home energy costs. You must give your case trustee documentation of your actual expenses, and you must show that the additional amount claimed is reasonable and necessary.

$________

29. Education expenses for dependent children who are younger than 18. The monthly expenses (not more than $156.25* per child) that you pay for your dependent children who are younger than 18 years old to attend a private or public elementary or secondary school. You must give your case trustee documentation of your actual expenses, and you must explain why the amount claimed is reasonable and necessary and not already accounted for in lines 6-23.

* Subject to adjustment on 4/01/16, and every 3 years after that for cases begun on or after the date of adjustment.

$________

30. Additional food and clothing expense. The monthly amount by which your actual food and clothing expenses are higher than the combined food and clothing allowances in the IRS National Standards. That amount cannot be more than 5% of the food and clothing allowances in the IRS National Standards. To find a chart showing the maximum additional allowance, go online using the link specified in the separate instructions for this form. This chart may also be available at the bankruptcy clerk’s office. You must show that the additional amount claimed is reasonable and necessary.

$_______

31. Continuing charitable contributions. The amount that you will continue to contribute in the form of cash or financial instruments to a religious or charitable organization. 26 U.S.C. § 170(c)(1)-(2).

+ $_______

32. Add all of the additional expense deductions.

Add lines 25 through 31. $_______

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Deductions for Debt Payment

33. For debts that are secured by an interest in property that you own, including home mortgages, vehicle loans, and other secured debt, fill in lines 33a through 33e.


Mortgages on your home:

Average monthly payment

33a. Copy line 9b here .................................................................................................................... $_____________

Loans on your first two vehicles:

33b. Copy line 13b here. ............................................................................................................... $_____________

33c. Copy line 13e here. ............................................................................................................ . $_____________

33d. List other secured debts: Name of each creditor for other

secured debt Identify property that secures the debt

Does payment include taxes or insurance?

_______________________________ ________________________ No Yes

$____________

_______________________________ ________________________ No

Yes $____________

_______________________________ ________________________ No

Yes + $____________

33e. Total average monthly payment. Add lines 33a through 33d. ..................................................... $____________

Copy total

here $_________

34. Are any debts that you listed in line 33 secured by your primary residence, a vehicle,

or other property necessary for your support or the support of your dependents?

No. Go to line 35. Yes. State any amount that you must pay to a creditor, in addition to the payments

listed in line 33, to keep possession of your property (called the cure amount). Next, divide by 60 and fill in the information below.

Name of the creditor Identify property that

secures the debt Total cure amount

Monthly cure amount

_______________________ ____________________ $__________ ÷ 60 = $_____________

_______________________ ____________________ $__________ ÷ 60 = $_____________

_______________________ ____________________ $__________ ÷ 60 = + $_____________

Total $_____________ Copy total

here $________

35. Do you owe any priority claims such as a priority tax, child support, or alimony ─ that are past due as of the filing date of your bankruptcy case? 11 U.S.C. § 507.

No. Go to line 36. Yes. Fill in the total amount of all of these priority claims. Do not include current or

ongoing priority claims, such as those you listed in line 19.

Total amount of all past-due priority claims ................................................................ $____________ ÷ 60 = $_________

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36. Are you eligible to file a case under Chapter 13? 11 U.S.C. § 109(e).

For more information, go online using the link for Bankruptcy Basics specified in the separate instructions for this form. Bankruptcy Basics may also be available at the bankruptcy clerk’s office.

No. Go to line 37.

Yes. Fill in the following information.

Projected monthly plan payment if you were filing under Chapter 13 $_____________

Current multiplier for your district as stated on the list issued by the Administrative Office of the United States Courts (for districts in Alabama and North Carolina) or by the Executive Office for United States Trustees (for all other districts).

To find a list of district multipliers that includes your district, go online using the link specified in the separate instructions for this form. This list may also be available at the bankruptcy clerk’s office.

x ______

Average monthly administrative expense if you were filing under Chapter 13 $_____________ Copy total

here $_________

37. Add all of the deductions for debt payment.

Add lines 33e through 36. .......................................................................................................................................................... $_________

Total Deductions from Income

38. Add all of the allowed deductions.

Copy line 24, All of the expenses allowed under IRS expense allowances ....................................................................... $______________

Copy line 32, All of the additional expense deductions .......... $______________

Copy line 37, All of the deductions for debt payment ............. + $______________

Total deductions $______________ Copy total here ................................ $_________

Part 3: Determine Whether There Is a Presumption of Abuse

39. Calculate monthly disposable income for 60 months

39a. Copy line 4, adjusted current monthly income ..... $_____________

39b. Copy line 38, Total deductions. ........ − $_____________

39c. Monthly disposable income. 11 U.S.C. § 707(b)(2). Subtract line 39b from line 39a.

$_____________ Copy

here $____________

For the next 60 months (5 years) .............................................................................................................. x 60

39d. Total. Multiply line 39c by 60. ..................................................................................................................... $____________

Copy

here $________

40. Find out whether there is a presumption of abuse. Check the box that applies:

The line 39d is less than $7,475*. On the top of page 1 of this form, check box 1, There is no presumption of abuse. Go to Part 5.

The line 39d is more than $12,475*. On the top of page 1 of this form, check box 2, There is a presumption of abuse. You may fill out Part 4 if you claim special circumstances. Then go to Part 5.

The line 39d is at least $7,475*, but not more than $12,475*. Go to line 41.

* Subject to adjustment on 4/01/16, and every 3 years after that for cases filed on or after the date of adjustment.

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41. 41a. Fill in the amount of your total nonpriority unsecured debt. If you filled out A Summary of Your Assets and Liabilities and Certain Statistical Information Schedules (Official Form 106Sum), you may refer to line 3b on that form. ........................................................... . $___________

x .25

41b. 25% of your total nonpriority unsecured debt. 11 U.S.C. § 707(b)(2)(A)(i)(I). Multiply line 41a by 0.25. ............................................................................................................................. $___________

Copy

here $________

42. Determine whether the income you have left over after subtracting all allowed deductions is enough to pay 25% of your unsecured, nonpriority debt.

Check the box that applies:

Line 39d is less than line 41b. On the top of page 1 of this form, check box 1, There is no presumption of abuse. Go to Part 5.

Line 39d is equal to or more than line 41b. On the top of page 1 of this form, check box 2, There is a presumption of abuse. You may fill out Part 4 if you claim special circumstances. Then go to Part 5.

Part 4: Give Details About Special Circumstances

43. Do you have any special circumstances that justify additional expenses or adjustments of current monthly income for which there is no reasonable alternative? 11 U.S.C. § 707(b)(2)(B).

No. Go to Part 5. Yes. Fill in the following information. All figures should reflect your average monthly expense or income adjustment

for each item. You may include expenses you listed in line 25.

You must give a detailed explanation of the special circumstances that make the expenses or income adjustments necessary and reasonable. You must also give your case trustee documentation of your actual expenses or income adjustments.

Give a detailed explanation of the special circumstances Average monthly expense or income adjustment

_______________________________________________________________________________ $__________________

_______________________________________________________________________________ $__________________

_______________________________________________________________________________ $__________________

_______________________________________________________________________________ $__________________

Part 5: Sign Below

By signing here, I declare under penalty of perjury that the information on this statement and in any attachments is true and correct.

___________________________________________________ ___________________________________



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Official Form 122B Chapter 11 Statement of Your Current Monthly Income 12/15 You must file this form if you are an individual and are filing for bankruptcy under Chapter 11. If more space is needed, attach a separate sheet to this form. Include the line number to which the additional information applies. On the top of any additional pages, write your name and case number (if known).

Part 1: Calculate Your Current Monthly Income

1. What is your marital and filing status? Check one only.

Not married. Fill out Column A, lines 2-11.

Married and your spouse is filing with you. Fill out both Columns A and B, lines 2-11.

Married and your spouse is NOT filing with you. Fill out Column A, lines 2-11.


Column A Debtor 1

Column B Debtor 2

2. Your gross wages, salary, tips, bonuses, overtime, and commissions (before all payroll deductions). $____________ $__________

3. Alimony and maintenance payments. Do not include payments from a spouse if Column B is filled in. $____________ $__________

4. All amounts from any source which are regularly paid for household expenses of you or your dependents, including child support. Include regular contributions from an unmarried partner, members of your household, your dependents, parents, and roommates. Include regular contributions from a spouse only if Column B is not filled in. Do not include payments you listed on line 3. $____________ $__________

5. Net income from operating a business, profession, or farm Debtor 1 Debtor 2


$______

Ordinary and necessary operating expenses – $______ – $______

Net monthly income from a business, profession, or farm $______ $______ Copy here $_________ $__________

6. Net income from rental and other real property Debtor 1 Debtor 2 Gross receipts (before all deductions) $______

$______

Ordinary and necessary operating expenses – $______ – $______ Net monthly income from rental or other real property $______ $______

Copy here $_________ $__________


Debtor 2 _________________________________________________________________ (Spouse, if filing) First Name Middle Name Last Name





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Column A Debtor 1

Column B Debtor 2

7. Interest, dividends, and royalties $____________ $__________

8. Unemployment compensation $____________ $__________

Do not enter the amount if you contend that the amount received was a benefit under the Social Security Act. Instead, list it here: ...............................

For you ........................................................................ $_________

For your spouse........................................................... $_________

9. Pension or retirement income. Do not include any amount received that was a benefit under the Social Security Act. $____________ $__________

10. Income from all other sources not listed above. Specify the source and amount. Do not include any benefits received under the Social Security Act or payments received as a victim of a war crime, a crime against humanity, or international or domestic terrorism.

If necessary, list other sources on a separate page and put the total below.

________________________________________ $____________ $__________

________________________________________ $____________ $__________

Total amounts from separate pages, if any. + $____________

+ $__________

11. Calculate your total current monthly income. Add lines 2 through 10 for each column. Then add the total for Column A to the total for Column B. $____________

+ $_________

= $_______

Total current

monthly income

Part 2: Sign Below

By signing here, under penalty of perjury I declare that the information on this statement and in any attachments is true and correct.

______________________________________________ ______________________________________


Date _________________ Date_________________ MM / DD / YYYY MM / DD / YYYY

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Official Form 122C–1 Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period 12/15 Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for being accurate. If more space is needed, attach a separate sheet to this form. Include the line number to which the additional information applies. On the top of any additional pages, write your name and case number (if known).

Part 1: Calculate Your Average Monthly Income

1. What is your marital and filing status? Check one only. Not married. Fill out Column A, lines 2-11.

Married. Fill out both Columns A and B, lines 2-11.


Column A Debtor 1


2. Your gross wages, salary, tips, bonuses, overtime, and commissions (before all payroll deductions). $__________ $__________

3. Alimony and maintenance payments. Do not include payments from a spouse. $__________ $__________

4. All amounts from any source which are regularly paid for household expenses of you or your dependents, including child support. Include regular contributions from an unmarried partner, members of your household, your dependents, parents, and roommates. Do not include payments from a spouse. Do not include payments you listed on line 3.

$_________ $__________

5. Net income from operating a business, profession, or farm

Debtor 1 Debtor 2


$______


Net monthly income from a business, profession, or farm $______ $______

Copy here $_________ $__________

6. Net income from rental and other real property Debtor 1 Debtor 2


$______


Net monthly income from rental or other real property $______ $______ Copy here $_________ $__________

Check as directed in lines 17 and 21:

According to the calculations required by this Statement:

1. Disposable income is not determined under 11 U.S.C. § 1325(b)(3).

2. Disposable income is determined under 11 U.S.C. § 1325(b)(3).

3. The commitment period is 3 years.

4. The commitment period is 5 years.







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Column A Debtor 1


7. Interest, dividends, and royalties $____________ $__________

8. Unemployment compensation $____________ $__________

Do not enter the amount if you contend that the amount received was a benefit under the Social Security Act. Instead, list it here: ........................................

For you ..................................................................................... $_____________ For your spouse ..................................................................... $_____________

9. Pension or retirement income. Do not include any amount received that was a benefit under the Social Security Act. $____________ $__________

10. Income from all other sources not listed above. Specify the source and amount. Do not include any benefits received under the Social Security Act or payments received as a victim of a war crime, a crime against humanity, or international or domestic terrorism. If necessary, list other sources on a separate page and put the total below.

__________________________________________________________________ $____________

$___________ __________________________________________________________________ $____________

$___________

Total amounts from separate pages, if any. + $____________ + $__________

11. Calculate your total average monthly income. Add lines 2 through 10 for each column. Then add the total for Column A to the total for Column B. $____________ + $___________ = $________

Total average monthly income

Part 2: Determine How to Measure Your Deductions from Income

12. Copy your total average monthly income from line 11. .......................................................................................................................... $_____________

13. Calculate the marital adjustment. Check one:

You are not married. Fill in 0 below.

You are married and your spouse is filing with you. Fill in 0 below. You are married and your spouse is not filing with you.

Fill in the amount of the income listed in line 11, Column B, that was NOT regularly paid for the household expenses of you or your dependents, such as payment of the spouse’s tax liability or the spouse’s support of someone other than you or your dependents. Below, specify the basis for excluding this income and the amount of income devoted to each purpose. If necessary, list additional adjustments on a separate page. If this adjustment does not apply, enter 0 below.

__________________________________________________________________________ $___________

__________________________________________________________________________ $___________

__________________________________________________________________________ + $___________

Total ................................................................................................................................................ $___________ Copy here ─____________

14. Your current monthly income. Subtract the total in line 13 from line 12. $ __________


15a. Copy line 14 here ........................................................................................................................................................................................... $ ____________

Multiply line 15a by 12 (the number of months in a year). x 12

15b. The result is your current monthly income for the year for this part of the form. .................................................................................... $___________

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16. Calculate the median family income that applies to you. Follow these steps:

16a. Fill in the state in which you live. _________

16b. Fill in the number of people in your household. _________

16c. Fill in the median family income for your state and size of household. ................................................................................................

To find a list of applicable median income amounts, go online using the link specified in the separate instructions for this form. This list may also be available at the bankruptcy clerk’s office.

$___________


17a. Line 15b is less than or equal to line 16c. On the top of page 1 of this form, check box 1, Disposable income is not determined under 11 U.S.C. § 1325(b)(3). Go to Part 3. Do NOT fill out Calculation of Your Disposable Income (Official Form 122C–2).

17b. Line 15b is more than line 16c. On the top of page 1 of this form, check box 2, Disposable income is determined under 11 U.S.C. § 1325(b)(3). Go to Part 3 and fill out Calculation of Your Disposable Income (Official Form 122C–2).

On line 39 of that form, copy your current monthly income from line 14 above.

Part 3: Calculate Your Commitment Period Under 11 U.S.C. § 1325(b)(4)

18. Copy your total average monthly income from line 11. ............................................................................................................................ $__________

19. Deduct the marital adjustment if it applies. If you are married, your spouse is not filing with you, and you contend that

calculating the commitment period under 11 U.S.C. § 1325(b)(4) allows you to deduct part of your spouse’s income, copy the amount from line 13. 19a. If the marital adjustment does not apply, fill in 0 on line 19a. .............................................................................................

─ $__________

19b. Subtract line 19a from line 18. $__________


20a. Copy line 19b.. ............................................................................................................................................................................................... $___________

Multiply by 12 (the number of months in a year). x 12 20b. The result is your current monthly income for the year for this part of the form. $___________

20c. Copy the median family income for your state and size of household from line 16c....................................................................... $___________


Line 20b is less than line 20c. Unless otherwise ordered by the court, on the top of page 1 of this form, check box 3, The commitment period is 3 years. Go to Part 4.

Line 20b is more than or equal to line 20c. Unless otherwise ordered by the court, on the top of page 1 of this form, check box 4, The commitment period is 5 years. Go to Part 4.

Part 4: Sign Below

By signing here, under penalty of perjury I declare that the information on this statement and in any attachments is true and correct.

___________________________________________________ ____________________________________


Date _________________ Date _________________

MM / DD / YYYY MM / DD / YYYY

If you checked 17a, do NOT fill out or file Form 122C–2. If you checked 17b, fill out Form 122C–2 and file it with this form. On line 39 of that form, copy your current monthly income from line 14 above.

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Official Form 122C–2 Chapter 13 Calculation of Your Disposable Income 12/15 To fill out this form, you will need your completed copy of Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period (Official Form 122C–1).

Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for being accurate. If more space is needed, attach a separate sheet to this form. Include the line number to which the additional information applies. On the top of any additional pages, write your name and case number (if known).

Part 1: Calculate Your Deductions from Your Income

The Internal Revenue Service (IRS) issues National and Local Standards for certain expense amounts. Use these amounts to answer the questions in lines 6-15. To find the IRS standards, go online using the link specified in the separate instructions for this form. This information may also be available at the bankruptcy clerk’s office. Deduct the expense amounts set out in lines 6-15 regardless of your actual expense. In later parts of the form, you will use some of your actual expenses if they are higher than the standards. Do not include any operating expenses that you subtracted from income in lines 5 and 6 of Form 122C–1, and do not deduct any amounts that you subtracted from your spouse’s income in line 13 of Form 122C–1.

If your expenses differ from month to month, enter the average expense.

Note: Line numbers 1-4 are not used in this form. These numbers apply to information required by a similar form used in chapter 7 cases.

5. The number of people used in determining your deductions from income

Fill in the number of people who could be claimed as exemptions on your federal income tax return, plus the number of any additional dependents whom you support. This number may be different from the number of people in your household.

National Standards You must use the IRS National Standards to answer the questions in lines 6-7.

6. Food, clothing, and other items: Using the number of people you entered in line 5 and the IRS National Standards, fill in the dollar amount for food, clothing, and other items. $________

7. Out-of-pocket health care allowance: Using the number of people you entered in line 5 and the IRS National Standards, fill in the dollar amount for out-of-pocket health care. The number of people is split into two categories─people who are under 65 and people who are 65 or older─because older people have a higher IRS allowance for health care costs. If your actual expenses are higher than this IRS amount, you may deduct the additional amount on line 22.



United States Bankruptcy Court for the: ______________________ District of _________ (State)




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People who are under 65 years of age

7a. Out-of-pocket health care allowance per person $______________

7b. Number of people who are under 65 X ______

7c. Subtotal. Multiply line 7a by line 7b. $______________ Copy

here $___________

People who are 65 years of age or older

7d. Out-of-pocket health care allowance per person $______________

7e. Number of people who are 65 or older X ______

7f. Subtotal. Multiply line 7d by line 7e. $______________ Copy

here

+ $__________

7g. Total. Add lines 7c and 7f. ......................................................................................................... $___________ Copy here ....... $________

Local Standards You must use the IRS Local Standards to answer the questions in lines 8-15.

Based on information from the IRS, the U.S. Trustee Program has divided the IRS Local Standard for housing for bankruptcy purposes into two parts:

Housing and utilities – Insurance and operating expenses Housing and utilities – Mortgage or rent expenses

To answer the questions in lines 8-9, use the U.S. Trustee Program chart. To find the chart, go online using the link specified in the separate instructions for this form. This chart may also be available at the bankruptcy clerk’s office.

8. Housing and utilities – Insurance and operating expenses: Using the number of people you entered in line 5, fill in the dollar amount listed for your county for insurance and operating expenses. $________

9. Housing and utilities – Mortgage or rent expenses:

9a. Using the number of people you entered in line 5, fill in the dollar amount listed for your county for mortgage or rent expenses. $____________

9b. Total average monthly payment for all mortgages and other debts secured by your home.

To calculate the total average monthly payment, add all amounts that are contractually due to each secured creditor in the 60 months after you file for bankruptcy. Next divide by 60.

Name of the creditor Average monthly payment

_________________________________ $__________

_________________________________ $__________

_________________________________ + $__________

9b. Total average monthly payment $__________ Copy

here ─ $____________ Repeat this amount on line 33a.

9c. Net mortgage or rent expense.

Subtract line 9b (total average monthly payment) from line 9a (mortgage or rent expense). If this number is less than $0, enter $0.

Copy here ........

$____________ $________

10. If you claim that the U.S. Trustee Program’s division of the IRS Local Standard for housing is incorrect and affects the calculation of your monthly expenses, fill in any additional amount you claim.

$________

Explain

why: _______________________________________________________________ _______________________________________________________________

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11. Local transportation expenses: Check the number of vehicles for which you claim an ownership or operating expense.

0. Go to line 14.

1. Go to line 12. 2 or more. Go to line 12.

12. Vehicle operation expense: Using the IRS Local Standards and the number of vehicles for which you claim the operating expenses, fill in the Operating Costs that apply for your Census region or metropolitan statistical area. $_______

13. Vehicle ownership or lease expense: Using the IRS Local Standards, calculate the net ownership or lease expense for each vehicle below. You may not claim the expense if you do not make any loan or lease payments on the vehicle. In addition, you may not claim the expense for more than two vehicles.

Vehicle 1 Describe Vehicle 1: _________________________________________________________________

_________________________________________________________________

13a. Ownership or leasing costs using IRS Local Standard ...................................... $____________

13b. Average monthly payment for all debts secured by Vehicle 1. Do not include costs for leased vehicles.

To calculate the average monthly payment here and on line 13e, add all amounts that are contractually due to each secured creditor in the 60 months after you file for bankruptcy. Then divide by 60.


_________________________________ $__________

_________________________________ + $__________

Total average monthly payment $__________

Copy

here ─ $___________ Repeat this amount on line 33b.

13c. Net Vehicle 1 ownership or lease expense Subtract line 13b from line 13a. If this number is less than $0, enter $0. ............. $___________

Copy net Vehicle

1 expense here $_______

Vehicle 2 Describe Vehicle 2: _________________________________________________________________

_________________________________________________________________

13d. Ownership or leasing costs using IRS Local Standard ................................... $___________

13e. Average monthly payment for all debts secured by Vehicle 2. Do not include costs for leased vehicles.

Name of each creditor for Vehicle 2 Average monthly

payment

_________________________________ $__________

_________________________________ + $__________

Total average monthly payment $__________

Copy

here ─ $___________ Repeat this amount on line 33c.

13f. Net Vehicle 2 ownership or lease expense

Subtract line 13e from 13d. If this number is less than $0, enter $0. ................. $__________ Copy net Vehicle 2 expense here

$_______

14. Public transportation expense: If you claimed 0 vehicles in line 11, using the IRS Local Standards, fill in the Public Transportation expense allowance regardless of whether you use public transportation.

$_______

15. Additional public transportation expense: If you claimed 1 or more vehicles in line 11 and if you claim that you may also deduct a public transportation expense, you may fill in what you believe is the appropriate expense, but you may not claim more than the IRS Local Standard for Public Transportation.

$_______

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Other Necessary Expenses

In addition to the expense deductions listed above, you are allowed your monthly expenses for the following IRS categories.

16. Taxes: The total monthly amount that you actually pay for federal, state and local taxes, such as income taxes,

self-employment taxes, social security taxes, and Medicare taxes. You may include the monthly amount withheld from your pay for these taxes. However, if you expect to receive a tax refund, you must divide the expected refund by 12 and subtract that number from the total monthly amount that is withheld to pay for taxes. Do not include real estate, sales, or use taxes.

$_______

17. Involuntary deductions: The total monthly payroll deductions that your job requires, such as retirement contributions, union dues, and uniform costs. Do not include amounts that are not required by your job, such as voluntary 401(k) contributions or payroll savings. $_______

18. Life insurance: The total monthly premiums that you pay for your own term life insurance. If two married people are filing together, include payments that you make for your spouse’s term life insurance. Do not include premiums for life insurance on your dependents, for a non-filing spouse’s life insurance, or for any form of life insurance other than term. $_______

19. Court-ordered payments: The total monthly amount that you pay as required by the order of a court or administrative agency, such as spousal or child support payments. Do not include payments on past due obligations for spousal or child support. You will list these obligations in line 35.

$_______

20. Education: The total monthly amount that you pay for education that is either required: as a condition for your job, or for your physically or mentally challenged dependent child if no public education is available for similar services.

$_______

21. Childcare: The total monthly amount that you pay for childcare, such as babysitting, daycare, nursery, and preschool. Do not include payments for any elementary or secondary school education. $_______

22. Additional health care expenses, excluding insurance costs: The monthly amount that you pay for health care that is required for the health and welfare of you or your dependents and that is not reimbursed by insurance or paid by a health savings account. Include only the amount that is more than the total entered in line 7. Payments for health insurance or health savings accounts should be listed only in line 25.

$_______

23. Optional telephones and telephone services: The total monthly amount that you pay for telecommunication services

for you and your dependents, such as pagers, call waiting, caller identification, special long distance, or business cell phone service, to the extent necessary for your health and welfare or that of your dependents or for the production of income, if it is not reimbursed by your employer. Do not include payments for basic home telephone, internet or cell phone service. Do not include self-employment expenses, such as those reported on line 5 of Form 122C-1, or any amount you previously deducted.

+ $________

24. Add all of the expenses allowed under the IRS expense allowances.

Add lines 6 through 23. $________

Additional Expense Deductions

These are additional deductions allowed by the Means Test. Note: Do not include any expense allowances listed in lines 6-24.

25. Health insurance, disability insurance, and health savings account expenses. The monthly expenses for health insurance, disability insurance, and health savings accounts that are reasonably necessary for yourself, your spouse, or your dependents.

Health insurance $__________

Disability insurance $__________

Health savings account + $__________

Total $__________ Copy total here ........................................................................ $________

Do you actually spend this total amount?

No. How much do you actually spend? Yes

$__________

26. Continuing contributions to the care of household or family members. The actual monthly expenses that you will continue to pay for the reasonable and necessary care and support of an elderly, chronically ill, or disabled member of your household or member of your immediate family who is unable to pay for such expenses. These expenses may include contributions to an account of a qualified ABLE program. 26 U.S.C. § 529A(b).

$_______

27. Protection against family violence. The reasonably necessary monthly expenses that you incur to maintain the safety of you and your family under the Family Violence Prevention and Services Act or other federal laws that apply. By law, the court must keep the nature of these expenses confidential.

$_______

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28. Additional home energy costs. Your home energy costs are included in your insurance and operating expenses on line 8. If you believe that you have home energy costs that are more than the home energy costs included in expenses on line 8, then fill in the excess amount of home energy costs. You must give your case trustee documentation of your actual expenses, and you must show that the additional amount claimed is reasonable and necessary.

$_______

29. Education expenses for dependent children who are younger than 18. The monthly expenses (not more than $156.25* per child) that you pay for your dependent children who are younger than 18 years old to attend a private or public elementary or secondary school. You must give your case trustee documentation of your actual expenses, and you must explain why the amount claimed is reasonable and necessary and not already accounted for in lines 6-23.

* Subject to adjustment on 4/01/16, and every 3 years after that for cases begun on or after the date of adjustment.

$_______

30. Additional food and clothing expense. The monthly amount by which your actual food and clothing expenses are higher than the combined food and clothing allowances in the IRS National Standards. That amount cannot be more than 5% of the food and clothing allowances in the IRS National Standards.

To find a chart showing the maximum additional allowance, go online using the link specified in the separate instructions for this form. This chart may also be available at the bankruptcy clerk’s office.

You must show that the additional amount claimed is reasonable and necessary.

$_______

31. Continuing charitable contributions. The amount that you will continue to contribute in the form of cash or financial instruments to a religious or charitable organization. 11 U.S.C. § 548(d)(3) and (4).

Do not include any amount more than 15% of your gross monthly income.

+ $________

32. Add all of the additional expense deductions.

Add lines 25 through 31. $_________

Deductions for Debt Payment

33. For debts that are secured by an interest in property that you own, including home mortgages, vehicle loans, and other secured debt, fill in lines 33a through 33e.


Average monthly payment

Mortgages on your home

33a. Copy line 9b here ................................................................................................. $___________

Loans on your first two vehicles

33b. Copy line 13b here. ............................................................................................. $___________

33c. Copy line 13e here. ............................................................................................. $___________

33d. List other secured debts:

Name of each creditor for other secured debt

Identify property that secures the debt

Does payment include taxes or insurance?

___________________________________ ________________________ No Yes

$___________

___________________________________ ________________________ No Yes

$___________

___________________________________ ________________________

No Yes

+ $___________

33e. Total average monthly payment. Add lines 33a through 33d. ............................................ $___________

Copy total

here $_______

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34. Are any debts that you listed in line 33 secured by your primary residence, a vehicle, or other property necessary for your support or the support of your dependents?

No. Go to line 35. Yes. State any amount that you must pay to a creditor, in addition to the payments listed in line 33, to keep

possession of your property (called the cure amount). Next, divide by 60 and fill in the information below.

Name of the creditor Identify property that

secures the debt Total cure amount

Monthly cure amount

_________________________ __________________ $__________ ÷ 60 = $___________

_________________________ __________________ $__________ ÷ 60 = $___________

_________________________ __________________ $__________ ÷ 60 = + $___________

Total $___________

Copy total

here $_______

35. Do you owe any priority claimssuch as a priority tax, child support, or alimony that are past due as of the filing date of your bankruptcy case? 11 U.S.C. § 507.

No. Go to line 36. Yes. Fill in the total amount of all of these priority claims. Do not include current or

ongoing priority claims, such as those you listed in line 19.

Total amount of all past-due priority claims. ...................................................................... $______________ ÷ 60

$_______

36. Projected monthly Chapter 13 plan payment $______________

Current multiplier for your district as stated on the list issued by the Administrative Office of the United States Courts (for districts in Alabama and North Carolina) or by the Executive Office for United States Trustees (for all other districts). To find a list of district multipliers that includes your district, go online using the link specified in the separate instructions for this form. This list may also be available at the bankruptcy clerk’s office.

x ______

Average monthly administrative expense $______________ Copy total

here $_______

37. Add all of the deductions for debt payment. Add lines 33e through 36. $_______

Total Deductions from Income

38. Add all of the allowed deductions.

Copy line 24, All of the expenses allowed under IRS expense allowances .................................... $______________

Copy line 32, All of the additional expense deductions ........................................................................ $______________

Copy line 37, All of the deductions for debt payment ........................................................................... + $______________

Total deductions ............................................................................................................................................ $______________

Copy total

here $_______

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Part 2: Determine Your Disposable Income Under 11 U.S.C. § 1325(b)(2)

39. Copy your total current monthly income from line 14 of Form 122C-1, Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period. ......................................................................

$_______

40. Fill in any reasonably necessary income you receive for support for dependent

children. The monthly average of any child support payments, foster care payments, or disability payments for a dependent child, reported in Part I of Form 122C-1, that you received in accordance with applicable nonbankruptcy law to the extent reasonably necessary to be expended for such child.

$____________

41. Fill in all qualified retirement deductions. The monthly total of all amounts that your employer withheld from wages as contributions for qualified retirement plans, as specified in 11 U.S.C. § 541(b)(7) plus all required repayments of loans from retirement plans, as specified in 11 U.S.C. § 362(b)(19).

$____________

42. Total of all deductions allowed under 11 U.S.C. § 707(b)(2)(A). Copy line 38 here ............ $____________

43. Deduction for special circumstances. If special circumstances justify additional expenses and you have no reasonable alternative, describe the special circumstances and their expenses. You must give your case trustee a detailed explanation of the special circumstances and documentation for the expenses.

Describe the special circumstances Amount of expense

______________________________________________________ $___________

______________________________________________________ $___________

______________________________________________________ + $___________

Total $___________ Copy here

+ $_____________

44. Total adjustments. Add lines 40 through 43. ....................................................................................... $____________ Copy here – $______

45. Calculate your monthly disposable income under § 1325(b)(2). Subtract line 44 from line 39. $_______

Part 3: Change in Income or Expenses

46. Change in income or expenses. If the income in Form 122C-1 or the expenses you reported in this form have changed or are virtually certain to change after the date you filed your bankruptcy petition and during the time your case will be open, fill in the information below. For example, if the wages reported increased after you filed your petition, check 122C-1 in the first column, enter line 2 in the second column, explain why the wages increased, fill in when the increase occurred, and fill in the amount of the increase.

Form Line Reason for change Date of change Increase or decrease?

Amount of change

122C─1

122C─2 ____ _______________________________ ____________ Increase

Decrease $____________

122C─1

122C─2 ____ _______________________________ ____________ Increase

Decrease $____________

122C─1

122C─2 ____ _______________________________ ____________ Increase

Decrease $____________

122C─1

122C─2 ____ _______________________________ ____________ Increase

Decrease $____________

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Part 4: Sign Below

By signing here, under penalty of perjury you declare that the information on this statement and in any attachments is true and correct.

___________________________________________________ __________________________________



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7. Describe debtor’s business A. Check one:



Railroad (as defined in 11 U.S.C. § 101(44))



Clearing Bank (as defined in 11 U.S.C. § 781(3))

None of the above

B. Check all that apply:

Tax-exempt entity (as described in 26 U.S.C. § 501)

Investment company, including hedge fund or pooled investment vehicle (as defined in 15 U.S.C. § 80a-3)

Investment advisor (as defined in 15 U.S.C. § 80b-2(a)(11))

C. NAICS (North American Industry Classification System) 4-digit code that best describes debtor. See http://www.naics.com/search/ .

___ ___ ___ ___

8. Under which chapter of the Bankruptcy Code is the debtor filing?

Check one:

Chapter 7

Chapter 9

Chapter 11. Check all that apply:

Debtor’s aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,490,925 (amount subject to adjustment on 4/01/16 and every 3 years after that).

The debtor is a small business debtor as defined in 11 U.S.C. § 101(51D). If the debtor is a small business debtor, attach the most recent balance sheet, statement of operations, cash-flow statement, and federal income tax return or if all of these documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B).

A plan is being filed with this petition.

Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(b).

The debtor is required to file periodic reports (for example, 10K and 10Q) with the Securities and Exchange Commission according to § 13 or 15(d) of the Securities Exchange Act of 1934. File the Attachment to Voluntary Petition for Non-Individuals Filing for Bankruptcy under Chapter 11 (Official Form 201A) with this form.

The debtor is a shell company as defined in the Securities Exchange Act of 1934 Rule 12b-2.

Chapter 12

9. Were prior bankruptcy cases filed by or against the debtor within the last 8 years?

If more than 2 cases, attach a separate list.

No

Yes. District _______________________ When _______________ Case number _________________________ MM / DD / YYYY

District _______________________ When _______________ Case number _________________________ MM / DD / YYYY

10. Are any bankruptcy cases pending or being filed by a business partner or an affiliate of the debtor?

List all cases. If more than 1, attach a separate list.

No

Yes. Debtor _____________________________________________ Relationship _________________________

District _____________________________________________ When __________________ MM / DD / YYYY Case number, if known ________________________________

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http://www.naics.com/search/

11. Why is the case filed in this district?


Debtor has had its domicile, principal place of business, or principal assets in this district for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other district.

A bankruptcy case concerning debtor’s affiliate, general partner, or partnership is pending in this district.

12. Does the debtor own or have possession of any real property or personal property that needs immediate attention?

No Yes. Answer below for each property that needs immediate attention. Attach additional sheets if needed.

Why does the property need immediate attention? (Check all that apply.)

It poses or is alleged to pose a threat of imminent and identifiable hazard to public health or safety.

What is the hazard? _____________________________________________________________________

It needs to be physically secured or protected from the weather.

It includes perishable goods or assets that could quickly deteriorate or lose value without attention (for example, livestock, seasonal goods, meat, dairy, produce, or securities-related assets or other options).

Other _______________________________________________________________________________

Where is the property?_____________________________________________________________________ Number Street

____________________________________________________________________

_______________________________________ _______ ________________ City State ZIP Code

Is the property insured?

No Yes. Insurance agency ____________________________________________________________________

Contact name ____________________________________________________________________

Phone ________________________________

Statistical and administrative information

13. Debtor’s estimation of available funds

Check one:

Funds will be available for distribution to unsecured creditors. After any administrative expenses are paid, no funds will be available for distribution to unsecured creditors.

14. Estimated number of creditors

1-49 50-99 100-199 200-999

1,000-5,000 5,001-10,000 10,001-25,000

25,001-50,000 50,001-100,000 More than 100,000

15. Estimated assets $0-$50,000 $50,001-$100,000 $100,001-$500,000 $500,001-$1 million


$500,000,001-$1 billion

$1,000,000,001-$10 billion

$10,000,000,001-$50 billion


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16. Estimated liabilities $0-$50,000 $50,001-$100,000 $100,001-$500,000 $500,001-$1 million


$500,000,001-$1 billion $1,000,000,001-$10 billion

$10,000,000,001-$50 billion


Request for Relief, Declaration, and Signatures

WARNING -- Bankruptcy fraud is a serious crime. Making a false statement in connection with a bankruptcy case can result in fines up to $500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.

17. Declaration and signature of authorized representative of debtor

The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this petition.

I have been authorized to file this petition on behalf of the debtor.

I have examined the information in this petition and have a reasonable belief that the information is true and correct.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on _________________ MM / DD / YYYY

_____________________________________________ _______________________________________________ Signature of authorized representative of debtor Printed name

Title _________________________________________

18. Signature of attorney _____________________________________________ Date _________________ Signature of attorney for debtor MM / DD / YYYY

_________________________________________________________________________________________________ Printed name

_________________________________________________________________________________________________ Firm name

_________________________________________________________________________________________________ Number Street

____________________________________________________ ____________ ______________________________ City State ZIP Code

____________________________________ __________________________________________ Contact phone Email address

______________________________________________________ ____________ Bar number State

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[If debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11 of the Bankruptcy Code, this Exhibit AA@ shall be completed and attached to the petition.]

[Caption as in Form 416B]

Attachment to Voluntary Petition for Non-Individuals Filing for

Bankruptcy under Chapter 11

1. If any of the debtor=s securities are registered under Section 12 of the Securities Exchange Act of 1934, the SEC file number is _______________.

2. The following financial data is the latest available information and refers to the debtor=s condition on

______________. a. Total assets $ b. Total debts (including debts listed in 2.c., below) $ c. Debt securities held by more than 500 holders

Approximate number of holders:

secured G unsecured G subordinated G $ secured G unsecured G subordinated G $ secured G unsecured G subordinated G $ secured G unsecured G subordinated G $ secured G unsecured G subordinated G $

d. Number of shares of preferred stock e. Number of shares common stock

Comments, if any:

3. Brief description of debtor=s business:

4. List the names of any person who directly or indirectly owns, controls, or holds, with power to vote,

5% or more of the voting securities of debtor:

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Official Form 202 Declaration Under Penalty of Perjury for Non-Individual Debtors 12/15 An individual who is authorized to act on behalf of a non-individual debtor, such as a corporation or partnership, must sign and submit this form for the schedules of assets and liabilities, any other document that requires a declaration that is not included in the document, and any amendments of those documents. This form must state the individual’s position or relationship to the debtor, the identity of the document, and the date. Bankruptcy Rules 1008 and 9011.

WARNING -- Bankruptcy fraud is a serious crime. Making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to $500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.

Declaration and signature

I am the president, another officer, or an authorized agent of the corporation; a member or an authorized agent of the partnership; or another individual serving as a representative of the debtor in this case.

I have examined the information in the documents checked below and I have a reasonable belief that the information is true and correct:

Schedule A/B: Assets–Real and Personal Property (Official Form 206A/B)

Schedule D: Creditors Who Have Claims Secured by Property (Official Form 206D)

Schedule E/F: Creditors Who Have Unsecured Claims (Official Form 206E/F)

Schedule G: Executory Contracts and Unexpired Leases (Official Form 206G)

Schedule H: Codebtors (Official Form 206H)

Summary of Assets and Liabilities for Non-Individuals (Official Form 206Sum)

Amended Schedule ____

Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims and Are Not Insiders (Official Form 204)

Other document that requires a declaration__________________________________________________________________________________


Executed on ______________ _________________________________________________________________________ MM / DD / YYYY Signature of individual signing on behalf of debtor

________________________________________________________________________ Printed name

______________________________________ Position or relationship to debtor

Debtor Name __________________________________________________________________


Case number (If known): _________________________

Fill in this information to identify the case and this filing:

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Official Form 204 Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims and Are Not Insiders 12/15 A list of creditors holding the 20 largest unsecured claims must be filed in a Chapter 11 or Chapter 9 case. Include claims which the debtor disputes. Do not include claims by any person or entity who is an insider, as defined in 11 U.S.C. § 101(31). Also, do not include claims by secured creditors, unless the unsecured claim resulting from inadequate collateral value places the creditor among the holders of the 20 largest unsecured claims.

Name of creditor and complete mailing address, including zip code

Name, telephone number, and email address of creditor contact

Nature of the claim (for example, trade debts, bank loans, professional services, and government contracts)

Indicate if claim is contingent, unliquidated, or disputed

Amount of unsecured claim

If the claim is fully unsecured, fill in only unsecured claim amount. If claim is partially secured, fill in total claim amount and deduction for value of collateral or setoff to calculate unsecured claim.

Total claim, if partially secured

Deduction for value of collateral or setoff

Unsecured claim

1

2

3

4

5

6

7

8


Debtor name __________________________________________________________________




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Name of creditor and complete mailing address, including zip code

Name, telephone number, and email address of creditor contact

Nature of the claim (for example, trade debts, bank loans, professional services, and government contracts)

Indicate if claim is contingent, unliquidated, or disputed

Amount of unsecured claim

If the claim is fully unsecured, fill in only unsecured claim amount. If claim is partially secured, fill in total claim amount and deduction for value of collateral or setoff to calculate unsecured claim.

Total claim, if partially secured

Deduction for value of collateral or setoff

Unsecured claim

9

10

11

12

13

14

15

16

17

18

19

20

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Official Form 205 Involuntary Petition Against a Non-Individual 12/15 Use this form to begin a bankruptcy case against a non-individual you allege to be a debtor subject to an involuntary case. If you want to begin a case against an individual, use the Involuntary Petition Against an Individual (Official Form 105). Be as complete and accurate as possible. If more space is needed, attach any additional sheets to this form. On the top of any additional pages, write debtor’s name and case number (if known).

Part 1: Identify the Chapter of the Bankruptcy Code Under Which Petition Is Filed

1. Chapter of the Bankruptcy Code

Check one:

Chapter 7

Chapter 11

Part 2: Identify the Debtor

2. Debtor’s name ______________________________________________________________________________________________________

3. Other names you know the debtor has used in the last 8 years

Include any assumed names, trade names, or doing business as names.

__________________________________________________

__________________________________________________

__________________________________________________

4. Debtor’s federal Employer Identification Number (EIN)

Unknown

___ ___ – ___ ___ ___ ___ ___ ___ ___ EIN

5. Debtor’s address Principal place of business

________________________________________________ Number Street

_________________________________________________

______________________________ _______ _________ City State ZIP Code

_________________________________________________ County

Mailing address, if different

_________________________________________________ Number Street

_________________________________________________ P.O. Box

_____________________________ _______ _________ City State ZIP Code

Location of principal assets, if different from principal place of business

_________________________________________________ Number Street

_________________________________________________

_____________________________ _______ _________ City State ZIP Code






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6. Debtor’s website (URL) _____________________________________________________________________________________________________

7. Type of debtor Corporation (including Limited Liability Company (LLC) and Limited Liability Partnership (LLP))

Partnership (excluding LLP)

Other type of debtor. Specify: __________________________________________________________________________

8. Type of debtor’s business Check one:



Railroad (as defined in 11 U.S.C. § 101(44))



Clearing Bank (as defined in 11 U.S.C. § 781(3))

None of the types of business listed.

Unknown type of business.

9. To the best of your knowledge, are any bankruptcy cases pending by or against any partner or affiliate of this debtor?

No

Yes. Debtor _________________________________________________ Relationship __________________________

District __________________________ Date filed _______________ Case number, if known____________________ MM / DD / YYYY

Debtor _________________________________________________ Relationship __________________________

District __________________________ Date filed _______________ Case number, if known____________________ MM / DD / YYYY

Part 3: Report About the Case

10. Venue Check one:

Over the last 180 days before the filing of this bankruptcy, the debtor had a domicile, principal place of business, or principal assets in this district longer than in any other district.

A bankruptcy case concerning debtor’s affiliates, general partner, or partnership is pending in this district.

11. Allegations Each petitioner is eligible to file this petition under 11 U.S.C. § 303(b). The debtor may be the subject of an involuntary case under 11 U.S.C. § 303(a).

At least one box must be checked:

The debtor is generally not paying its debts as they become due, unless they are the subject of a bona fide dispute as to liability or amount.

Within 120 days before the filing of this petition, a custodian, other than a trustee, receiver, or an agent appointed or authorized to take charge of less than substantially all of the property of the debtor for the purpose of enforcing a lien against such property, was appointed or took possession.

12. Has there been a transfer of any claim against the debtor by or to any petitioner?

No

Yes. Attach all documents that evidence the transfer and any statements required under Bankruptcy Rule 1003(a).

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13. Each petitioner’s claim Name of petitioner Nature of petitioner’s claim Amount of the claim above the value of any lien

______________________________________ _________________________________ $ ________________

______________________________________ _________________________________ $ ________________

______________________________________ _________________________________ $ ________________

Total of petitioners’ claims $ ________________

If more space is needed to list petitioners, attach additional sheets. Write the alleged debtor’s name and the case number, if known, at the top of each sheet. Following the format of this form, set out the information required in Parts 3 and 4 of the form for each additional petitioning creditor, the petitioner’s claim, the petitioner’s representative, and the petitioner’s attorney. Include the statement under penalty of perjury set out in Part 4 of the form, followed by each additional petitioner’s (or representative’s) signature, along with the signature of the petitioner’s attorney.

Part 4: Request for Relief

WARNING -- Bankruptcy fraud is a serious crime. Making a false statement in connection with a bankruptcy case can result in fines up to $500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.

Petitioners request that an order for relief be entered against the debtor under the chapter of 11 U.S.C. specified in this petition. If a petitioning creditor is a corporation, attach the corporate ownership statement required by Bankruptcy Rule 1010(b). If any petitioner is a foreign representative appointed in a foreign proceeding, attach a certified copy of the order of the court granting recognition.

I have examined the information in this document and have a reasonable belief that the information is true and correct.

Petitioners or Petitioners’ Representative Attorneys

Name and mailing address of petitioner

______________________________________________________________ Name

______________________________________________________________ Number Street

_________________________________ ______________ _____________ City State ZIP Code


______________________________________________________________ Name

______________________________________________________________ Number Street




______________________________________________________________ Signature of petitioner or representative, including representative’s title

________________________________________________________________ Printed name

________________________________________________________________ Firm name, if any

________________________________________________________________ Number Street


Contact phone _________________ Email ___________________________

Bar number ___________________________________________________

State _________________

________________________________________________________________ Signature of attorney


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______________________________________________________________ Name

______________________________________________________________ Number Street



______________________________________________________________ Name

______________________________________________________________ Number Street





________________________________________________________________ Printed name

________________________________________________________________ Firm name, if any

________________________________________________________________ Number Street



Bar number ___________________________________________________

State _________________




______________________________________________________________ Name

______________________________________________________________ Number Street



______________________________________________________________ Name

______________________________________________________________ Number Street





________________________________________________________________ Printed name

________________________________________________________________ Firm name, if any

________________________________________________________________ Number Street



Bar number ___________________________________________________

State _________________



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Official Form 206A/B Schedule A/B: Assets — Real and Personal Property 12/15 Disclose all property, real and personal, which the debtor owns or in which the debtor has any other legal, equitable, or future interest. Include all property in which the debtor holds rights and powers exercisable for the debtor's own benefit. Also include assets and properties which have no book value, such as fully depreciated assets or assets that were not capitalized. In Schedule A/B, list any executory contracts or unexpired leases. Also list them on Schedule G: Executory Contracts and Unexpired Leases (Official Form 206G).

Be as complete and accurate as possible. If more space is needed, attach a separate sheet to this form. At the top of any pages added, write the debtor’s name and case number (if known). Also identify the form and line number to which the additional information applies. If an additional sheet is attached, include the amounts from the attachment in the total for the pertinent part.

For Part 1 through Part 11, list each asset under the appropriate category or attach separate supporting schedules, such as a fixed asset schedule or depreciation schedule, that gives the details for each asset in a particular category. List each asset only once. In valuing the debtor’s interest, do not deduct the value of secured claims. See the instructions to understand the terms used in this form.

Part 1: Cash and cash equivalents

1. Does the debtor have any cash or cash equivalents?

No. Go to Part 2.

Yes. Fill in the information below.

All cash or cash equivalents owned or controlled by the debtor Current value of debtor’s interest

2. Cash on hand

$______________________

3. Checking, savings, money market, or financial brokerage accounts (Identify all)

Name of institution (bank or brokerage firm) Type of account Last 4 digits of account number 3.1. _________________________________________________ ______________________ ____ ____ ____ ____ 3.2. _________________________________________________ ______________________ ____ ____ ____ ____

$______________________ $______________________

4. Other cash equivalents (Identify all)

4.1. _____________________________________________________________________________________________________ $______________________

4.2. _____________________________________________________________________________________________________ $______________________ 5. Total of Part 1

Add lines 2 through 4 (including amounts on any additional sheets). Copy the total to line 80. $______________________

Part 2: Deposits and prepayments

6. Does the debtor have any deposits or prepayments?

No. Go to Part 3. Yes. Fill in the information below.

Current value of

debtor’s interest

7. Deposits, including security deposits and utility deposits

Description, including name of holder of deposit

7.1. ________________________________________________________________________________________________________

7.2._________________________________________________________________________________________________________

$______________________

$_______________________

Debtor name __________________________________________________________________





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8. Prepayments, including prepayments on executory contracts, leases, insurance, taxes, and rent

Description, including name of holder of prepayment

8.1.___________________________________________________________________________________________________________

8.2.___________________________________________________________________________________________________________

$______________________

$_______________________

9. Total of Part 2. Add lines 7 through 8. Copy the total to line 81.

$______________________

Part 3: Accounts receivable

10. Does the debtor have any accounts receivable?


Current value of debtor’s interest

11. Accounts receivable

11a. 90 days old or less: ____________________________ – ___________________________ = ........ face amount doubtful or uncollectible accounts

$______________________

11b. Over 90 days old: ___________________________ – ___________________________ = ........ face amount doubtful or uncollectible accounts

$______________________

12. Total of Part 3

Current value on lines 11a + 11b = line 12. Copy the total to line 82. $______________________

Part 4: Investments

13. Does the debtor own any investments? No. Go to Part 5. Yes. Fill in the information below.

Valuation method used for current value


14. Mutual funds or publicly traded stocks not included in Part 1 Name of fund or stock:

14.1. ________________________________________________________________________________

14.2. ________________________________________________________________________________ _____________________

_____________________ $________________________ $________________________

15. Non-publicly traded stock and interests in incorporated and unincorporated businesses, including any interest in an LLC, partnership, or joint venture

Name of entity: % of ownership:

15.1._______________________________________________________________ ________% 15.2._______________________________________________________________ ________%

_____________________ _____________________

$________________________ $________________________

16. Government bonds, corporate bonds, and other negotiable and non-negotiable instruments not included in Part 1

Describe:

16.1.________________________________________________________________________________

16.2.________________________________________________________________________________

______________________

______________________

$_______________________

$_______________________

17. Total of Part 4

Add lines 14 through 16. Copy the total to line 83. $______________________

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Part 5: Inventory, excluding agriculture assets

18. Does the debtor own any inventory (excluding agriculture assets)?


General description Date of the last physical inventory

Net book value of debtor's interest

(Where available)



19. Raw materials

________________________________________ ______________ MM / DD / YYYY $__________________ ______________________ $______________________

20. Work in progress

________________________________________ ______________ MM / DD / YYYY $__________________ ______________________ $______________________

21. Finished goods, including goods held for resale

________________________________________ ______________ MM / DD / YYYY $__________________ ______________________ $______________________

22. Other inventory or supplies

________________________________________ ______________ MM / DD / YYYY $__________________ ______________________ $______________________

23. Total of Part 5 Add lines 19 through 22. Copy the total to line 84.

$______________________

24. Is any of the property listed in Part 5 perishable? No Yes

25. Has any of the property listed in Part 5 been purchased within 20 days before the bankruptcy was filed?

No Yes. Book value _______________ Valuation method____________________ Current value______________

26. Has any of the property listed in Part 5 been appraised by a professional within the last year?

No Yes

Part 6: Farming and fishing-related assets (other than titled motor vehicles and land)

27. Does the debtor own or lease any farming and fishing-related assets (other than titled motor vehicles and land)?


General description Net book value of debtor's interest

(Where available)



28. Crops—either planted or harvested ______________________________________________________________ $________________ ____________________ $______________________

29. Farm animals Examples: Livestock, poultry, farm-raised fish

______________________________________________________________ $________________ ____________________ $______________________

30. Farm machinery and equipment (Other than titled motor vehicles) ______________________________________________________________ $________________ ____________________ $______________________

31. Farm and fishing supplies, chemicals, and feed

______________________________________________________________ $________________ ____________________ $______________________

32. Other farming and fishing-related property not already listed in Part 6

______________________________________________________________ $________________ ____________________ $______________________

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33. Total of Part 6.


34. Is the debtor a member of an agricultural cooperative?

No Yes. Is any of the debtor’s property stored at the cooperative? No Yes

35. Has any of the property listed in Part 6 been purchased within 20 days before the bankruptcy was filed?

No Yes. Book value $_______________ Valuation method ____________________ Current value $________________

36. Is a depreciation schedule available for any of the property listed in Part 6?

No Yes


No Yes

Part 7: Office furniture, fixtures, and equipment; and collectibles

38. Does the debtor own or lease any office furniture, fixtures, equipment, or collectibles?


General description Net book value of debtor's interest

(Where available)



39. Office furniture

______________________________________________________________ $________________ ____________________ $______________________

40. Office fixtures

______________________________________________________________ $________________ ____________________ $______________________

41. Office equipment, including all computer equipment and communication systems equipment and software

______________________________________________________________ $________________ ____________________ $______________________

42. Collectibles Examples: Antiques and figurines; paintings, prints, or other artwork; books, pictures, or other art objects; china and crystal; stamp, coin, or baseball card collections; other collections, memorabilia, or collectibles

42.1___________________________________________________________ $________________ ____________________ $______________________

42.2___________________________________________________________ $________________ ____________________ $______________________

42.3___________________________________________________________ $________________ ____________________ $______________________

43. Total of Part 7. Add lines 39 through 42. Copy the total to line 86. $______________________


No Yes


No Yes

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Part 8: Machinery, equipment, and vehicles

46. Does the debtor own or lease any machinery, equipment, or vehicles?


General description

Include year, make, model, and identification numbers (i.e., VIN, HIN, or N-number)


(Where available)



47. Automobiles, vans, trucks, motorcycles, trailers, and titled farm vehicles

47.1___________________________________________________________ $________________ ____________________ $______________________ 47.2___________________________________________________________ $________________ ____________________ $______________________

47.3___________________________________________________________ $________________ ____________________ $______________________ 47.4___________________________________________________________ $________________ ____________________ $______________________

48. Watercraft, trailers, motors, and related accessories Examples: Boats, trailers, motors, floating homes, personal watercraft, and fishing vessels

48.1__________________________________________________________ $________________ ____________________ $______________________ 48.2__________________________________________________________ $________________ ____________________ $______________________

49. Aircraft and accessories

49.1__________________________________________________________ $________________ ____________________ $______________________ 49.2__________________________________________________________ $________________ ____________________ $______________________

50. Other machinery, fixtures, and equipment (excluding farm machinery and equipment)

______________________________________________________________ $________________ ____________________ $______________________

51. Total of Part 8.



No Yes


No Yes

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Part 9: Real property

54. Does the debtor own or lease any real property?


55. Any building, other improved real estate, or land which the debtor owns or in which the debtor has an interest

Description and location of property Include street address or other description such as Assessor Parcel Number (APN), and type of property (for example, acreage, factory, warehouse, apartment or office building), if available.

Nature and extent of debtor’s interest in property


(Where available)



55.1________________________________________ _________________ $_______________ ____________________ $_____________________

55.2________________________________________ _________________ $_______________ ____________________ $_____________________

55.3________________________________________ _________________ $_______________ ____________________ $_____________________

55.4________________________________________ _________________ $_______________ ____________________ $_____________________

55.5________________________________________ _________________ $_______________ ____________________ $_____________________

55.6________________________________________ _________________ $_______________ ____________________ $_____________________

56. Total of Part 9. Add the current value on lines 55.1 through 55.6 and entries from any additional sheets. Copy the total to line 88.

$_____________________


No Yes


No Yes

Part 10: Intangibles and intellectual property

59. Does the debtor have any interests in intangibles or intellectual property?

No. Go to Part 11. Yes. Fill in the information below. General description Net book value of

debtor's interest

(Where available)



60. Patents, copyrights, trademarks, and trade secrets ______________________________________________________________ $_________________ ______________________ $____________________

61. Internet domain names and websites

______________________________________________________________ $_________________ ______________________ $____________________

62. Licenses, franchises, and royalties ______________________________________________________________ $_________________ ______________________ $____________________

63. Customer lists, mailing lists, or other compilations ______________________________________________________________ $_________________ ______________________ $____________________

64. Other intangibles, or intellectual property

______________________________________________________________ $________________

_____________________

$____________________

65. Goodwill

______________________________________________________________ $________________

_____________________

$____________________

66. Total of Part 10. Add lines 60 through 65. Copy the total to line 89. $____________________

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67. Do your lists or records include personally identifiable information of customers (as defined in 11 U.S.C. §§ 101(41A) and 107)?

No Yes

68. Is there an amortization or other similar schedule available for any of the property listed in Part 10?

No Yes


No Yes

Part 11: All other assets

70. Does the debtor own any other assets that have not yet been reported on this form? Include all interests in executory contracts and unexpired leases not previously reported on this form.

No. Go to Part 12. Yes. Fill in the information below. Current value of

debtor’s interest

71. Notes receivable

Description (include name of obligor)

______________________________________________________ _______________ – __________________________ = Total face amount doubtful or uncollectible amount

$_____________________

72. Tax refunds and unused net operating losses (NOLs)

Description (for example, federal, state, local)

_________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________

Tax year ___________ Tax year ___________ Tax year ___________

$_____________________

$_____________________ $_____________________

73. Interests in insurance policies or annuities ______________________________________________________________ $_______________________

74. Causes of action against third parties (whether or not a lawsuit has been filed)

______________________________________________________________ $_______________________ Nature of claim ___________________________________ Amount requested $________________

75. Other contingent and unliquidated claims or causes of action of every nature, including counterclaims of the debtor and rights to set off claims

______________________________________________________________ $_______________________ Nature of claim ___________________________________ Amount requested $________________

76. Trusts, equitable or future interests in property

______________________________________________________________ $_____________________

77. Other property of any kind not already listed Examples: Season tickets, country club membership

____________________________________________________________ ____________________________________________________________

$_____________________

$_____________________

78. Total of Part 11. Add lines 71 through 77. Copy the total to line 90.

$_____________________


No Yes

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Part 12: Summary

In Part 12 copy all of the totals from the earlier parts of the form.

Type of property Current value of personal property

Current value of real property

80. Cash, cash equivalents, and financial assets. Copy line 5, Part 1. $_______________

81. Deposits and prepayments. Copy line 9, Part 2. $_______________

82. Accounts receivable. Copy line 12, Part 3. $_______________

83. Investments. Copy line 17, Part 4. $_______________

84. Inventory. Copy line 23, Part 5. $_______________

85. Farming and fishing-related assets. Copy line 33, Part 6. $_______________

86. Office furniture, fixtures, and equipment; and collectibles.

Copy line 43, Part 7. $_______________

87. Machinery, equipment, and vehicles. Copy line 51, Part 8. $_______________

88. Real property. Copy line 56, Part 9. . .................................................................................. $________________

89. Intangibles and intellectual property. Copy line 66, Part 10. $_______________

90. All other assets. Copy line 78, Part 11. + $_______________

91. Total. Add lines 80 through 90 for each column. ........................... 91a. $_______________ + 91b. $________________

92. Total of all property on Schedule A/B. Lines 91a + 91b = 92. ........................................................................................... $__________________

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Official Form 206D Schedule D: Creditors Who Have Claims Secured by Property 12/15 Be as complete and accurate as possible.

1. Do any creditors have claims secured by debtor’s property? No. Check this box and submit page 1 of this form to the court with debtor’s other schedules. Debtor has nothing else to report on this form. Yes. Fill in all of the information below.

Part 1: List Creditors Who Have Secured Claims

2. List in alphabetical order all creditors who have secured claims. If a creditor has more than one secured claim, list the creditor separately for each claim.



2.1 Creditor’s name Describe debtor’s property that is subject to a lien

$__________________ $_________________ __________________________________________ ___________________________________________________

___________________________________________________ Creditor’s mailing address

________________________________________________________

________________________________________________________

___________________________________________________

Describe the lien __________________________________________________

Creditor’s email address, if known

_________________________________________

Is the creditor an insider or related party? No Yes

Date debt was incurred __________________


Is anyone else liable on this claim? No Yes. Fill out Schedule H: Codebtors (Official Form 206H).

Do multiple creditors have an interest in the same property? No Yes. Specify each creditor, including this creditor,

and its relative priority.

As of the petition filing date, the claim is: Check all that apply.


___________________________________ ___________________________________

2.2 Creditor’s name Describe debtor’s property that is subject to a lien

$__________________ $_________________ __________________________________________ ___________________________________________________

___________________________________________________ Creditor’s mailing address

________________________________________________________

________________________________________________________

___________________________________________________



_________________________________________





Do multiple creditors have an interest in the same property?

No Yes. Have you already specified the relative

priority?



No. Specify each creditor, including this creditor, and its relative priority.

_________________________________ _________________________________

Yes. The relative priority of creditors is specified on lines _____

3. Total of the dollar amounts from Part 1, Column A, including the amounts from the Additional Page, if any.

$________________

Debtor name __________________________________________________________________





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357

Part 1: Additional Page Column A Amount of claim Do not deduct the value of collateral.


Copy this page only if more space is needed. Continue numbering the lines sequentially from the previous page.

2._ Creditor’s name Describe debtor’s property that is subject to a lien

__________________________________________ ___________________________________________________

___________________________________________________ $__________________ $_________________

Creditor’s mailing address

________________________________________________________

________________________________________________________

___________________________________________________



_________________________________________







priority?




_______________________________ _______________________________ _______________________________


2._ Creditor’s name Describe debtor’s property that is subject to a lien

__________________________________________

___________________________________________________

___________________________________________________ $__________________ $_________________

Creditor’s mailing address

________________________________________________________

________________________________________________________

___________________________________________________



_________________________________________







priority?




_______________________________ _______________________________ _______________________________


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358

Part 2: List Others to Be Notified for a Debt Already Listed in Part 1

List in alphabetical order any others who must be notified for a debt already listed in Part 1. Examples of entities that may be listed are collection agencies, assignees of claims listed above, and attorneys for secured creditors.

If no others need to be notified for the debts listed in Part 1, do not fill out or submit this page. If additional pages are needed, copy this page.

Name and address On which line in Part 1

did you enter the related creditor?

Last 4 digits of account number for this entity

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

__________________________________________________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Line 2. __ ___ ___ ___ ___

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359

Official Form 206E/F Schedule E/F: Creditors Who Have Unsecured Claims 12/15 Be as complete and accurate as possible. Use Part 1 for creditors with PRIORITY unsecured claims and Part 2 for creditors with NONPRIORITY unsecured claims. List the other party to any executory contracts or unexpired leases that could result in a claim. Also list executory contracts on Schedule A/B: Assets - Real and Personal Property (Official Form 206A/B) and on Schedule G: Executory Contracts and Unexpired Leases (Official Form 206G). Number the entries in Parts 1 and 2 in the boxes on the left. If more space is needed for Part 1 or Part 2, fill out and attach the Additional Page of that Part included in this form.

Part 1: List All Creditors with PRIORITY Unsecured Claims

1. Do any creditors have priority unsecured claims? (See 11 U.S.C. § 507). No. Go to Part 2. Yes. Go to line 2.

2. List in alphabetical order all creditors who have unsecured claims that are entitled to priority in whole or in part. If the debtor has more than 3 creditors with priority unsecured claims, fill out and attach the Additional Page of Part 1.

Total claim Priority amount 2.1 Priority creditor’s name and mailing address As of the petition filing date, the claim is:

Check all that apply. Contingent Unliquidated Disputed

$______________________ $_________________ __________________________________________________________________

___________________________________________

___________________________________________

Date or dates debt was incurred

_________________________________

Basis for the claim: __________________________________



Specify Code subsection of PRIORITY unsecured claim: 11 U.S.C. § 507(a) (_____)

2.2 Priority creditor’s name and mailing address As of the petition filing date, the claim is:


$______________________ $_________________ __________________________________________________________________

___________________________________________

___________________________________________


_________________________________





2.3 Priority creditor’s name and mailing address As of the petition filing date, the claim is: Check all that apply. Contingent Unliquidated Disputed

$______________________ $_________________ __________________________________________________________________

___________________________________________

___________________________________________


_________________________________





Debtor __________________________________________________________________





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360

Part 1. Additional Page

Copy this page if more space is needed. Continue numbering the lines sequentially from the previous page. If no additional PRIORITY creditors exist, do not fill out or submit this page. Total claim Priority amount

2._ Priority creditor’s name and mailing address

As of the petition filing date, the claim is: Check all that apply. Contingent Unliquidated Disputed

$______________________ $_________________

_________________________________________________________________

___________________________________________

___________________________________________


_________________________________







$______________________ $_________________

_________________________________________________________________

___________________________________________

___________________________________________


_________________________________







$______________________ $_________________

_________________________________________________________________

___________________________________________

___________________________________________


_________________________________







$______________________ $_________________

_________________________________________________________________

___________________________________________

___________________________________________


_________________________________





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361

Part 2: List All Creditors with NONPRIORITY Unsecured Claims

3. List in alphabetical order all of the creditors with nonpriority unsecured claims. If the debtor has more than 6 creditors with nonpriority unsecured claims, fill out and attach the Additional Page of Part 2.

Amount of claim

3.1 Nonpriority creditor’s name and mailing address As of the petition filing date, the claim is: Check all that apply. Contingent Unliquidated Disputed

$________________________________ ____________________________________________________________

____________________________________________________________

____________________________________________________________

Basis for the claim: ________________________

Date or dates debt was incurred ___________________




$________________________________ ____________________________________________________________

____________________________________________________________

____________________________________________________________






$________________________________ ____________________________________________________________

____________________________________________________________

____________________________________________________________






$________________________________ ____________________________________________________________

____________________________________________________________

____________________________________________________________






$________________________________ ____________________________________________________________

____________________________________________________________

____________________________________________________________





3.6 Nonpriority creditor’s name and mailing address As of the petition filing date, the claim is:


$________________________________ ____________________________________________________________

____________________________________________________________

____________________________________________________________





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362

Part 2: Additional Page

Copy this page only if more space is needed. Continue numbering the lines sequentially from the previous page. If no additional NONPRIORITY creditors exist, do not fill out or submit this page.

Amount of claim

3.__ Nonpriority creditor’s name and mailing address As of the petition filing date, the claim is: Check all that apply. Contingent Unliquidated Disputed Liquidated and neither contingent nor

disputed

$________________________________ ___________________________________________________________

___________________________________________________________

___________________________________________________________





3.__ Nonpriority creditor’s name and mailing address As of the petition filing date, the claim is: Check all that apply. Contingent Unliquidated Disputed

$________________________________ ___________________________________________________________

___________________________________________________________

___________________________________________________________






$________________________________ ___________________________________________________________

___________________________________________________________

___________________________________________________________






$________________________________ ___________________________________________________________

___________________________________________________________

___________________________________________________________





3.__ Nonpriority creditor’s name and mailing address


$________________________________ ___________________________________________________________

___________________________________________________________

___________________________________________________________





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363

Part 3: List Others to Be Notified About Unsecured Claims

4. List in alphabetical order any others who must be notified for claims listed in Parts 1 and 2. Examples of entities that may be listed are collection agencies, assignees of claims listed above, and attorneys for unsecured creditors.

If no others need to be notified for the debts listed in Parts 1 and 2, do not fill out or submit this page. If additional pages are needed, copy the next page.

Name and mailing address On which line in Part 1 or Part 2 is the related creditor (if any) listed?

Last 4 digits of account number, if any

4.1. ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____

Not listed. Explain ________________

_________________________________

___ ___ ___ ___

4.2. ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.3. ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.4. ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

41. ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.5. ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.6. ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.7. ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.8. ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.9. ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.10. ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.11.

___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

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Page 136 of 256

364

Part 3: Additional Page for Others to Be Notified About Unsecured Claims

Name and mailing address On which line in Part 1 or Part 2 is the

related creditor (if any) listed? Last 4 digits of account number, if any

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

4.__ ___________________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Line _____


_________________________________

___ ___ ___ ___

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365

Part 4: Total Amounts of the Priority and Nonpriority Unsecured Claims

5. Add the amounts of priority and nonpriority unsecured claims.

Total of claim amounts

5a. Total claims from Part 1 5a. $_____________________________

5b. Total claims from Part 2

5b. + $_____________________________

5c. Total of Parts 1 and 2

Lines 5a + 5b = 5c. 5c. $_____________________________

DRAFT

Page 138 of 256

366

Official Form 206G Schedule G: Executory Contracts and Unexpired Leases 12/15 Be as complete and accurate as possible. If more space is needed, copy and attach the additional page, numbering the entries consecutively.

1. Does the debtor have any executory contracts or unexpired leases?

No. Check this box and file this form with the court with the debtor’s other schedules. There is nothing else to report on this form. Yes. Fill in all of the information below even if the contracts or leases are listed on Schedule A/B: Assets - Real and Personal Property (Official Form 206A/B).

2. List all contracts and unexpired leases State the name and mailing address for all other parties with whom the debtor has an executory contract or unexpired lease

2.1

State what the contract or lease is for and the nature of the debtor’s interest

____________________________________

____________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

State the term remaining ____________________________________

List the contract number of any government contract ____________________________________

2.2


____________________________________

____________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________



2.3


____________________________________

____________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________



2.4


____________________________________

____________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________



2.5


____________________________________

____________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________



Debtor name __________________________________________________________________

United States Bankruptcy Court for the:______________________ District of _______ (State)




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367

Additional Page if Debtor Has More Executory Contracts or Unexpired Leases


List all contracts and unexpired leases State the name and mailing address for all other parties with whom the debtor has an executory contract or unexpired lease

2._


____________________________________

____________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________



2._


____________________________________

____________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________



2._


____________________________________

____________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________



2._


____________________________________

____________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________



2._


____________________________________

____________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________



2._


____________________________________

____________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________



2._


____________________________________

____________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________



DRAFT

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368

Official Form 206H Schedule H: Codebtors 12/15 Be as complete and accurate as possible. If more space is needed, copy the Additional Page, numbering the entries consecutively. Attach the Additional Page to this page.

1. Does the debtor have any codebtors?

No. Check this box and submit this form to the court with the debtor's other schedules. Nothing else needs to be reported on this form.

Yes

2. In Column 1, list as codebtors all of the people or entities who are also liable for any debts listed by the debtor in the schedules of creditors, Schedules D-G. Include all guarantors and co-obligors. In Column 2, identify the creditor to whom the debt is owed and each schedule on which the creditor is listed. If the codebtor is liable on a debt to more than one creditor, list each creditor separately in Column 2.

Column 1: Codebtor Column 2: Creditor

Name Mailing address Name Check all schedules that apply:

2.1 _____________________ ________________________________________________________ Street

________________________________________________________

________________________________________________________ City State ZIP Code

_____________________ D E/F G

2.2 _____________________ ________________________________________________________

Street

________________________________________________________


_____________________ D E/F G

2.3 _____________________ ________________________________________________________

Street

________________________________________________________


_____________________ D E/F G

2.4 _____________________ ________________________________________________________

Street

________________________________________________________


_____________________ D E/F G

2.5 _____________________ ________________________________________________________

Street

________________________________________________________


_____________________ D E/F G

2.6 _____________________ ________________________________________________________

Street

________________________________________________________


_____________________ D E/F G

Debtor name __________________________________________________________________





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369

Additional Page if Debtor Has More Codebtors


Column 1: Codebtor Column 2: Creditor

Name Mailing address Name Check all schedules that apply:

2.__ _____________________ ________________________________________________________

Street

________________________________________________________


_____________________ D E/F G

2.__ _____________________ ________________________________________________________

Street

________________________________________________________


_____________________ D E/F G

2.__ _____________________ ________________________________________________________

Street

________________________________________________________


_____________________ D E/F G

2.__ _____________________ ________________________________________________________

Street

________________________________________________________


_____________________ D E/F G

2.__ _____________________ ________________________________________________________

Street

________________________________________________________


_____________________ D E/F G

2.__ _____________________ ________________________________________________________

Street

________________________________________________________


_____________________ D E/F G

2.__ _____________________ ________________________________________________________

Street

________________________________________________________


_____________________ D E/F G

2.__ _____________________ ________________________________________________________

Street

________________________________________________________


_____________________ D E/F G

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370

Official Form 206Sum Summary of Assets and Liabilities for Non-Individuals 12/15

Part 1: Summary of Assets

1. Schedule A/B: Assets–Real and Personal Property (Official Form 206A/B)

1a. Real property: Copy line 88 from Schedule A/B .......................................................................................................................................... $ ________________

1b. Total personal property: Copy line 91A from Schedule A/B ........................................................................................................................................

$ ________________

1c. Total of all property: Copy line 92 from Schedule A/B ..........................................................................................................................................

$ ________________

Part 2: Summary of Liabilities

2. Schedule D: Creditors Who Have Claims Secured by Property (Official Form 206D) Copy the total dollar amount listed in Column A, Amount of claim, from line 3 of Schedule D ................................................ $ ________________

3. Schedule E/F: Creditors Who Have Unsecured Claims (Official Form 206E/F)

3a. Total claim amounts of priority unsecured claims: Copy the total claims from Part 1 from line 6a of Schedule E/F ......................................................................................... $ ________________

3b. Total amount of claims of nonpriority amount of unsecured claims:

Copy the total of the amount of claims from Part 2 from line 6b of Schedule E/F ............................................................. + $ ________________

4. Total liabilities ........................................................................................................................................................................... Lines 2 + 3a + 3b

$ ________________

Debtor name _________________________________________________________________





DRAFT

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371

Official Form 207 Statement of Financial Affairs for Non-Individuals Filing for Bankruptcy 12/15 The debtor must answer every question. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write the debtor’s name and case number (if known).

Part 1: Income

1. Gross revenue from business

None

Identify the beginning and ending dates of the debtor’s fiscal year, which may be a calendar year

Sources of revenue

Check all that apply Gross revenue


From the beginning of the fiscal year to filing date: From ___________ to Filing date MM / DD / YYYY


Other _______________________ $________________

For prior year: From ___________ to ___________ MM / DD / YYYY MM / DD / YYYY


Other _______________________ $________________

For the year before that: From ___________ to ___________ MM / DD / YYYY MM / DD / YYYY


Other _______________________ $________________

2. Non-business revenue Include revenue regardless of whether that revenue is taxable. Non-business income may include interest, dividends, money collected from lawsuits, and royalties. List each source and the gross revenue for each separately. Do not include revenue listed in line 1.

None

Description of sources of revenue Gross revenue from each source


From the beginning of the fiscal year to filing date: From ___________ to Filing date MM / DD / YYYY

___________________________ $________________

For prior year: From ___________ to ___________ MM / DD / YYYY MM / DD / YYYY ___________________________ $________________

For the year before that: From ___________ to ___________ MM / DD / YYYY MM / DD / YYYY ___________________________ $________________


Debtor name __________________________________________________________________




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372

Part 2: List Certain Transfers Made Before Filing for Bankruptcy

3. Certain payments or transfers to creditors within 90 days before filing this case

List payments or transfersincluding expense reimbursementsto any creditor, other than regular employee compensation, within 90 days before filing this case unless the aggregate value of all property transferred to that creditor is less than $6,225. (This amount may be adjusted on 4/01/16 and every 3 years after that with respect to cases filed on or after the date of adjustment.)

None

Creditor’s name and address Dates Total amount or value Reasons for payment or transfer

Check all that apply

3.1. __________________________________________ Creditor’s name

__________________________________________ Street

__________________________________________


________

________

________

$_________________ Secured debt

Unsecured loan repayments


Services

Other _______________________________

3.2.

__________________________________________ Creditor’s name

__________________________________________ Street

__________________________________________


________

________

________

$_________________ Secured debt

Unsecured loan repayments


Services

Other _______________________________

4. Payments or other transfers of property made within 1 year before filing this case that benefited any insider

List payments or transfers, including expense reimbursements, made within 1 year before filing this case on debts owed to an insider or guaranteed or cosigned by an insider unless the aggregate value of all property transferred to or for the benefit of the insider is less than $6,225. (This amount may be adjusted on 4/01/16 and every 3 years after that with respect to cases filed on or after the date of adjustment.) Do not include any payments listed in line 3. Insiders include officers, directors, and anyone in control of a corporate debtor and their relatives; general partners of a partnership debtor and their relatives; affiliates of the debtor and insiders of such affiliates; and any managing agent of the debtor. 11 U.S.C. § 101(31).

None

Insider’s name and address Dates Total amount or value Reasons for payment or transfer

4.1.

__________________________________________ Insider’s name

__________________________________________ Street

__________________________________________


_________

_________

_________

$__________________ ___________________________________________

___________________________________________

___________________________________________

Relationship to debtor

__________________________________________ 4.2.

__________________________________________ Insider’s name

__________________________________________ Street

__________________________________________


_________

_________

_________

$__________________ ___________________________________________

___________________________________________

___________________________________________


__________________________________________

DRAFT

Page 145 of 256

373

5. Repossessions, foreclosures, and returns List all property of the debtor that was obtained by a creditor within 1 year before filing this case, including property repossessed by a creditor, sold at a foreclosure sale, transferred by a deed in lieu of foreclosure, or returned to the seller. Do not include property listed in line 6.

None Creditor’s name and address Description of the property Date Value of property

5.1. __________________________________________ Creditor’s name

__________________________________________ Street

__________________________________________


___________________________________________

___________________________________________

___________________________________________

______________ $___________

5.2. __________________________________________ Creditor’s name

__________________________________________ Street

__________________________________________


___________________________________________

___________________________________________

___________________________________________

_______________ $___________

6. Setoffs

List any creditor, including a bank or financial institution, that within 90 days before filing this case set off or otherwise took anything from an account of the debtor without permission or refused to make a payment at the debtor’s direction from an account of the debtor because the debtor owed a debt.

None

Creditor’s name and address Description of the action creditor took Date action was taken

Amount

__________________________________________ Creditor’s name

__________________________________________ Street

__________________________________________


___________________________________________

___________________________________________

_______________ $___________

Last 4 digits of account number: XXXX– __ __ __ __

Part 3: Legal Actions or Assignments 7. Legal actions, administrative proceedings, court actions, executions, attachments, or governmental audits

List the legal actions, proceedings, investigations, arbitrations, mediations, and audits by federal or state agencies in which the debtor was involved in any capacity—within 1 year before filing this case.

None

7.1.

Case title Nature of case Court or agency’s name and address Status of case

_________________________________ ______________________________ __________________________________________ Name

__________________________________________ Street

__________________________________________


Pending

On appeal

Concluded Case number

_________________________________

7.2.

Case title

______________________________

Court or agency’s name and address Pending

On appeal

Concluded

_________________________________ __________________________________________ Name

__________________________________________ Street

__________________________________________


Case number

_________________________________

DRAFT

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374

8. Assignments and receivership

List any property in the hands of an assignee for the benefit of creditors during the 120 days before filing this case and any property in the hands of a receiver, custodian, or other court-appointed officer within 1 year before filing this case.

None Custodian’s name and address Description of the property Value

__________________________________________ Custodian’s name

__________________________________________ Street

__________________________________________


______________________________________ $_____________

Case title Court name and address

______________________________________ __________________________________________ Name

__________________________________________ Street

__________________________________________


Case number

______________________________________

Date of order or assignment

______________________________________

Part 4: Certain Gifts and Charitable Contributions

9. List all gifts or charitable contributions the debtor gave to a recipient within 2 years before filing this case unless the aggregate value of the gifts to that recipient is less than $1,000

None

9.1.

Recipient’s name and address Description of the gifts or contributions Dates given Value

__________________________________________ Recipient’s name

__________________________________________ Street

__________________________________________


___________________________________________

___________________________________________

_________________ $__________

Recipient’s relationship to debtor

__________________________________________

9.2. __________________________________________ Recipient’s name

__________________________________________ Street

__________________________________________


___________________________________________

___________________________________________

_________________ $__________

Recipient’s relationship to debtor

__________________________________________

Part 5: Certain Losses

10. All losses from fire, theft, or other casualty within 1 year before filing this case.

None

Description of the property lost and how the loss occurred

Amount of payments received for the loss If you have received payments to cover the loss, for example, from insurance, government compensation, or tort liability, list the total received. List unpaid claims on Official Form 106A/B (Schedule A/B: Assets – Real and Personal Property).

Date of loss Value of property lost

___________________________________________

___________________________________________

___________________________________________ _________________ $__________

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375

Part 6: Certain Payments or Transfers

11. Payments related to bankruptcy List any payments of money or other transfers of property made by the debtor or person acting on behalf of the debtor within 1 year before the filing of this case to another person or entity, including attorneys, that the debtor consulted about debt consolidation or restructuring, seeking bankruptcy relief, or filing a bankruptcy case.

None Who was paid or who received the transfer? If not money, describe any property transferred Dates Total amount or

value

11.1. __________________________________________ ___________________________________________

___________________________________________

______________ $_________

Address

__________________________________________ Street

__________________________________________


Email or website address

_________________________________

Who made the payment, if not debtor?

__________________________________________

Who was paid or who received the transfer? If not money, describe any property transferred Dates Total amount or value

11.2. __________________________________________ ___________________________________________

___________________________________________

______________ $_________

Address

__________________________________________ Street

__________________________________________


Email or website address

__________________________________________

Who made the payment, if not debtor?

__________________________________________

12. Self-settled trusts of which the debtor is a beneficiary

List any payments or transfers of property made by the debtor or a person acting on behalf of the debtor within 10 years before the filing of this case to a self-settled trust or similar device. Do not include transfers already listed on this statement.

None

Name of trust or device Describe any property transferred Dates transfers were made

Total amount or value

__________________________________________ ___________________________________________

___________________________________________

______________ $_________

Trustee __________________________________________

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Page 148 of 256

376

13. Transfers not already listed on this statement

List any transfers of money or other propertyby sale, trade, or any other meansmade by the debtor or a person acting on behalf of the debtor within 2 years before the filing of this case to another person, other than property transferred in the ordinary course of business or financial affairs. Include both outright transfers and transfers made as security. Do not include gifts or transfers previously listed on this statement.

None

Who received transfer? Description of property transferred or payments received or debts paid in exchange

Date transfer was made

Total amount or value

13.1. __________________________________________ ___________________________________________

___________________________________________

________________ $_________

Address

__________________________________________ Street

__________________________________________



__________________________________________

Who received transfer?

___________________________________________

___________________________________________

________________ $_________

13.2. __________________________________________

Address

__________________________________________ Street

__________________________________________



__________________________________________

Part 7: Previous Locations

14. Previous addresses List all previous addresses used by the debtor within 3 years before filing this case and the dates the addresses were used.

Does not apply Address Dates of occupancy

14.1. _______________________________________________________________________ Street

_______________________________________________________________________

_______________________________________________________________________ City State ZIP Code

From ____________ To ____________

14.2. _______________________________________________________________________ Street

_______________________________________________________________________

_______________________________________________________________________ City State ZIP Code

From ____________ To ____________

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Part 8: Health Care Bankruptcies

15. Health Care bankruptcies

Is the debtor primarily engaged in offering services and facilities for: diagnosing or treating injury, deformity, or disease, or providing any surgical, psychiatric, drug treatment, or obstetric care?


Facility name and address Nature of the business operation, including type of services the debtor provides

If debtor provides meals and housing, number of patients in debtor’s care

15.1. ________________________________________ Facility name

________________________________________ Street

________________________________________


___________________________________________________________

____________________________________________________________

____________________

Location where patient records are maintained (if different from facility address). If electronic, identify any service provider.

How are records kept?

____________________________________________________________

____________________________________________________________


Electronically Paper

Facility name and address Nature of the business operation, including type of services the debtor provides

If debtor provides meals and housing, number of patients in debtor’s care

15.2. ________________________________________ Facility name

________________________________________ Street

________________________________________


___________________________________________________________

___________________________________________________________

____________________

Location where patient records are maintained (if different from facility address). If electronic, identify any service provider.

How are records kept?

____________________________________________________________

____________________________________________________________


Electronically Paper

Part 9: Personally Identifiable Information

16. Does the debtor collect and retain personally identifiable information of customers?

No. Yes. State the nature of the information collected and retained. ___________________________________________________________________

Does the debtor have a privacy policy about that information?

No Yes

17. Within 6 years before filing this case, have any employees of the debtor been participants in any ERISA, 401(k), 403(b), or other pension or profit-sharing plan made available by the debtor as an employee benefit?

No. Go to Part 10. Yes. Does the debtor serve as plan administrator?

No. Go to Part 10. Yes. Fill in below:

Name of plan Employer identification number of the plan

_______________________________________________________________________ EIN: ___ ___ – ___ ___ ___ ___ ___ ___ ___

Has the plan been terminated?

No Yes

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Part 10: Certain Financial Accounts, Safe Deposit Boxes, and Storage Units

18. Closed financial accounts Within 1 year before filing this case, were any financial accounts or instruments held in the debtor’s name, or for the debtor’s benefit, closed, sold, moved, or transferred? Include checking, savings, money market, or other financial accounts; certificates of deposit; and shares in banks, credit unions, brokerage houses, cooperatives, associations, and other financial institutions.

None Financial institution name and address Last 4 digits of account

number Type of account Date account was

closed, sold, moved, or transferred

Last balance before closing or transfer

18.1. ______________________________________ Name

______________________________________ Street

______________________________________



Savings

Money market

Brokerage

Other______________

___________________ $__________

18.2. ______________________________________ Name

______________________________________ Street

______________________________________



Savings

Money market

Brokerage

Other______________

___________________ $__________

19. Safe deposit boxes

List any safe deposit box or other depository for securities, cash, or other valuables the debtor now has or did have within 1 year before filing this case.

None

Depository institution name and address Names of anyone with access to it Description of the contents Does debtor still have it?

______________________________________ Name

______________________________________ Street

______________________________________


__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

No Yes

Address ____________________________________

____________________________________

20. Off-premises storage

List any property kept in storage units or warehouses within 1 year before filing this case. Do not include facilities that are in a part of a building in which the debtor does business.

None

Facility name and address Names of anyone with access to it Description of the contents Does debtor still have it?

______________________________________ Name

______________________________________ Street

______________________________________


__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

No Yes

Address

________________________________

_________________________________

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Part 11: Property the Debtor Holds or Controls That the Debtor Does Not Own

21. Property held for another List any property that the debtor holds or controls that another entity owns. Include any property borrowed from, being stored for, or held in trust. Do not list leased or rented property.

None

Owner’s name and address Location of the property Description of the property Value

______________________________________ Name

______________________________________ Street

______________________________________


__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

$_______

Part 12: Details About Environmental Information

For the purpose of Part 12, the following definitions apply:

Environmental law means any statute or governmental regulation that concerns pollution, contamination, or hazardous material, regardless of the medium affected (air, land, water, or any other medium).

Site means any location, facility, or property, including disposal sites, that the debtor now owns, operates, or utilizes or that the debtor formerly owned, operated, or utilized.

Hazardous material means anything that an environmental law defines as hazardous or toxic, or describes as a pollutant, contaminant, or a similarly harmful substance.

Report all notices, releases, and proceedings known, regardless of when they occurred.

22. Has the debtor been a party in any judicial or administrative proceeding under any environmental law? Include settlements and orders.

No Yes. Provide details below.

Case title Court or agency name and address Nature of the case Status of case

_________________________________ _____________________________________ Name

_____________________________________ Street

_____________________________________


__________________________________

__________________________________

__________________________________

Pending

On appeal

Concluded

Case number

_________________________________

23. Has any governmental unit otherwise notified the debtor that the debtor may be liable or potentially liable under or in violation of an environmental law?

No Yes. Provide details below. Site name and address Governmental unit name and address Environmental law, if known Date of notice

__________________________________ Name

__________________________________ Street

__________________________________

__________________________________ City State ZIP Code

_____________________________________ Name

_____________________________________ Street

_____________________________________


__________________________________

__________________________________

__________________________________

__________

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24. Has the debtor notified any governmental unit of any release of hazardous material?

No Yes. Provide details below.

Site name and address Governmental unit name and address Environmental law, if known Date of notice

__________________________________ Name

__________________________________ Street

__________________________________


______________________________________ Name

______________________________________ Street

______________________________________


__________________________________

__________________________________

__________________________________

__________

Part 13: Details About the Debtor’s Business or Connections to Any Business

25. Other businesses in which the debtor has or has had an interest List any business for which the debtor was an owner, partner, member, or otherwise a person in control within 6 years before filing this case. Include this information even if already listed in the Schedules.

None

Business name and address Describe the nature of the business Employer Identification number


25.1. __________________________________ Name

__________________________________ Street

__________________________________


_____________________________________________

_____________________________________________

_____________________________________________

EIN: ___ ___ – ___ ___ ___ ___ ___ ___ ___

Dates business existed

From _______ To _______

25.2. Business name and address Describe the nature of the business Employer Identification number Do not include Social Security number or ITIN.

__________________________________ Name

__________________________________ Street

__________________________________


_____________________________________________

_____________________________________________

_____________________________________________

EIN: ___ ___ – ___ ___ ___ ___ ___ ___ ___


From _______ To _______

Business name and address Describe the nature of the business Employer Identification number Do not include Social Security number or ITIN.

25.3. __________________________________ Name

__________________________________ Street

__________________________________


_____________________________________________

_____________________________________________

_____________________________________________

EIN: ___ ___ – ___ ___ ___ ___ ___ ___ ___


From _______ To _______

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26. Books, records, and financial statements 26a. List all accountants and bookkeepers who maintained the debtor’s books and records within 2 years before filing this case.

None

Name and address Dates of service

26a.1. __________________________________________________________________________________ Name

__________________________________________________________________________________ Street

__________________________________________________________________________________

__________________________________________________________________________________ City State ZIP Code

From _______ To _______


26a.2. __________________________________________________________________________________ Name

__________________________________________________________________________________ Street

__________________________________________________________________________________

__________________________________________________________________________________ City State ZIP Code

From _______ To _______

26b. List all firms or individuals who have audited, compiled, or reviewed debtor’s books of account and records or prepared a financial statement within 2 years before filing this case.

None


26b.1. ______________________________________________________________________________ Name

______________________________________________________________________________ Street

______________________________________________________________________________

______________________________________________________________________________ City State ZIP Code

From _______ To _______


26b.2. ______________________________________________________________________________ Name

______________________________________________________________________________ Street

______________________________________________________________________________


From _______ To _______

26c. List all firms or individuals who were in possession of the debtor’s books of account and records when this case is filed.

None

Name and address If any books of account and records are unavailable, explain why

26c.1. ______________________________________________________________________________

Name

______________________________________________________________________________ Street

______________________________________________________________________________


_________________________________________

_________________________________________

_________________________________________

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Name and address If any books of account and records are unavailable, explain why

26c.2. ______________________________________________________________________________ Name

______________________________________________________________________________ Street

______________________________________________________________________________


_________________________________________

_________________________________________

_________________________________________

26d. List all financial institutions, creditors, and other parties, including mercantile and trade agencies, to whom the debtor issued a financial statement within 2 years before filing this case.

None

Name and address

26d.1. ______________________________________________________________________________ Name

______________________________________________________________________________ Street

______________________________________________________________________________


Name and address

26d.2. ______________________________________________________________________________ Name

______________________________________________________________________________ Street

______________________________________________________________________________


27. Inventories

Have any inventories of the debtor’s property been taken within 2 years before filing this case?

No Yes. Give the details about the two most recent inventories.

Name of the person who supervised the taking of the inventory Date of inventory

The dollar amount and basis (cost, market, or other basis) of each inventory

______________________________________________________________________ _______ $___________________

Name and address of the person who has possession of inventory records

27.1. ______________________________________________________________________ Name

______________________________________________________________________ Street

______________________________________________________________________


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Name of the person who supervised the taking of the inventory Date of inventory

The dollar amount and basis (cost, market, or other basis) of each inventory

______________________________________________________________________ _______ $___________________

Name and address of the person who has possession of inventory records

27.2. ______________________________________________________________________ Name

______________________________________________________________________ Street

______________________________________________________________________


28. List the debtor’s officers, directors, managing members, general partners, members in control, controlling shareholders, or other people in control of the debtor at the time of the filing of this case.

Name Address Position and nature of any interest

% of interest, if any

____________________________ _____________________________________________ ____________________________ _______________

____________________________ _____________________________________________ ____________________________ _______________

____________________________ _____________________________________________ ____________________________ _______________

____________________________ _____________________________________________ ____________________________ _______________

____________________________ _____________________________________________ ____________________________ _______________

29. Within 1 year before the filing of this case, did the debtor have officers, directors, managing members, general partners, members in control of the debtor, or shareholders in control of the debtor who no longer hold these positions?

No Yes. Identify below.

Name Address Position and nature of any interest

Period during which position or interest was held

____________________________ _____________________________________________ ______________________ From _____ To _____

____________________________ _____________________________________________ ______________________ From _____ To _____

____________________________ _____________________________________________ ______________________ From _____ To _____

____________________________ _____________________________________________ ______________________ From _____ To _____

30. Payments, distributions, or withdrawals credited or given to insiders

Within 1 year before filing this case, did the debtor provide an insider with value in any form, including salary, other compensation, draws, bonuses, loans, credits on loans, stock redemptions, and options exercised?

No Yes. Identify below.

Name and address of recipient Amount of money or description and value of property

Dates Reason for providing the value

30.1. ______________________________________________________________ Name

______________________________________________________________ Street

______________________________________________________________


_________________________ _____________ ____________

_____________

_____________

Relationship to debtor _____________

______________________________________________________________ _____________

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Name and address of recipient

__________________________ _____________ ______________

30.2 ______________________________________________________________ Name

______________________________________________________________ Street

______________________________________________________________


_____________

_____________

_____________


_____________

______________________________________________________________

31. Within 6 years before filing this case, has the debtor been a member of any consolidated group for tax purposes? No

Yes. Identify below.

Name of the parent corporation Employer Identification number of the parent corporation

______________________________________________________________ EIN: ___ ___ – ___ ___ ___ ___ ___ ___ ___

32. Within 6 years before filing this case, has the debtor as an employer been responsible for contributing to a pension fund? No

Yes. Identify below.

Name of the pension fund Employer Identification number of the pension fund

______________________________________________________________ EIN: ___ ___ – ___ ___ ___ ___ ___ ___ ___

Part 14: Signature and Declaration

WARNING -- Bankruptcy fraud is a serious crime. Making a false statement, concealing property, or obtaining money or property by fraud in connection w or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.

I have examined the information in this Statement of Financial Affairs and any attachments and have a reasonable belief that the information is true and c



___________________________________________________________ Printed name _________________________________________________

Signature of individual signing on behalf of the debtor

Position or relationship to debtor ____________________________________

Are additional pages to Statement of Financial Affairs for Non-Individuals Filing for Bankruptcy (Official Form 207) attached? No Yes

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Official Form 309A (For Individuals or Joint Debtors) Notice of Chapter 7 Bankruptcy Case No Proof of Claim Deadline 12/15 For the debtors listed above, a case has been filed under chapter 7 of the Bankruptcy Code. An order for relief has been entered.

This notice has important information about the case for creditors, debtors, and trustees, including information about the meeting of creditors and deadlines. Read both pages carefully.

The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtors or the debtors’ property. For example, while the stay is in effect, creditors cannot sue, garnish wages, assert a deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from debtors by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a stay.

The debtors are seeking a discharge. Creditors who assert that the debtors are not entitled to a discharge of any debts or who want to have a particular debt excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office within the deadlines specified in this notice. (See line 9 for more information.)

To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address listed below or through PACER (Public Access to Court Electronic Records at www.pacer.gov).

The staff of the bankruptcy clerk’s office cannot give legal advice.

To help creditors correctly identify debtors, debtors submit full Social Security or Individual Taxpayer Identification Numbers, which may appear on a version of this notice. However, the full numbers must not appear on any document filed with the court.

Do not file this notice with any proof of claim or other filing in the case. Do not include more than the last four digits of a Social Security or Individual Taxpayer Identification Number in any document, including attachments, that you file with the court.

About Debtor 1: About Debtor 2:

1. Debtor’s full name

2. All other names used in the last 8 years

3. Address


4. Debtor’s attorney Name and address

Contact phone ______________________________

Email ______________________________

5. Bankruptcy trustee Name and address

Contact phone ______________________________

Email ______________________________

For more information, see page 2 ►

Debtor 1 __________________________________________________________________ Last 4 digits of Social Security number or ITIN ___ ___ ___ ___ First Name Middle Name Last Name EIN ___ ___ – ___ ___ ___ ___ ___ ___ ___

Debtor 2 ________________________________________________________________ Last 4 digits of Social Security number or ITIN ___ ___ ___ ___ (Spouse, if filing) First Name Middle Name Last Name EIN ___ ___ – ___ ___ ___ ___ ___ ___ ___

United States Bankruptcy Court for the: ______________________ District of _________ (State) [Date case filed for chapter 7 ______________ MM / DD / YYYY OR Case number: _______________________________________ [Date case filed in chapter _____ ______________ MM / DD / YYYY

Date case converted to chapter 7 ______________] MM / DD / YYYY

Information to identify the case:

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http://www.pacer.gov/

6. Bankruptcy clerk’s office Documents in this case may be filed at this address. You may inspect all records filed in this case at this office or online at www.pacer.gov.

Hours open _______________________________

Contact phone _______________________________

7. Meeting of creditors Debtors must attend the meeting to be questioned under oath. In a joint case, both spouses must attend. Creditors may attend, but are not required to do so.

_______________ at ___________ Date Time

The meeting may be continued or adjourned to a later date. If so, the date will be on the court docket.

Location:

8. Presumption of abuse If the presumption of abuse arises, you may have the right to file a motion to dismiss the case under 11 U.S.C. § 707(b). Debtors may rebut the presumption by showing special circumstances.

[The presumption of abuse does not arise.]

[The presumption of abuse arises.]

[Insufficient information has been filed to permit the clerk to determine whether the presumption of abuse arises. If more complete information is filed and shows that the presumption has arisen, the clerk will notify creditors.]

9. Deadlines The bankruptcy clerk’s office must receive these documents and any required filing fee by the following deadlines.

File by the deadline to object to discharge or to challenge whether certain debts are dischargeable:

You must file a complaint: if you assert that the debtor is not entitled to

receive a discharge of any debts under any of the subdivisions of 11 U.S.C. § 727(a)(2) through (7), or

if you want to have a debt excepted from discharge under 11 U.S.C. § 523(a)(2), (4), or (6).

You must file a motion if you assert that the discharge should be denied under § 727(a)(8)

or (9).

Filing deadline: __________________

Deadline to object to exemptions:

The law permits debtors to keep certain property as exempt. If you believe that the law does not authorize an exemption claimed, you may file an objection.

Filing deadline: 30 days after the conclusion of the meeting of creditors

10. Proof of claim Please do not file a proof of claim unless you receive a notice to do so.

No property appears to be available to pay creditors. Therefore, please do not file a proof of claim now. If it later appears that assets are available to pay creditors, the clerk will send you another notice telling you that you may file a proof of claim and stating the deadline.

11. Creditors with a foreign address

If you are a creditor receiving a notice mailed to a foreign address, you may file a motion asking the court to extend the deadlines in this notice. Consult an attorney familiar with United States bankruptcy law if you have any questions about your rights in this case.

12. Exempt property The law allows debtors to keep certain property as exempt. Fully exempt property will not be sold and distributed to creditors. Debtors must file a list of property claimed as exempt. You may inspect that list at the bankruptcy clerk’s office or online at www.pacer.gov. If you believe that the law does not authorize an exemption that the debtors claim, you may file an objection. The bankruptcy clerk’s office must receive the objection by the deadline to object to exemptions in line 9.

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Official Form 309B (For Individuals or Joint Debtors) Notice of Chapter 7 Bankruptcy Case Proof of Claim Deadline Set 12/15 For the debtors listed above, a case has been filed under chapter 7 of the Bankruptcy Code. An order for relief has been entered.


The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtors or the debtors’ property. For example, while the stay is in effect, creditors cannot sue, garnish wages, assert a deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from debtors by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a stay.

The debtors are seeking a discharge. Creditors who assert that the debtors are not entitled to a discharge of any debts or who want to have a particular debt excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office within the deadlines specified in this notice. (See line 9 for more information.)








3. Address



Contact phone ______________________________

Email ______________________________


Contact phone ______________________________

Email ______________________________







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Hours open ______________________

Contact phone _______________________


_______________ at ___________ Date Time


Location:

8. Presumption of abuse If the presumption of abuse arises, you may have the right to file a motion to dismiss the case under 11 U.S.C. § 707(b). Debtors may rebut the presumption by showing special circumstances.

[The presumption of abuse does not arise.] [The presumption of abuse arises.] [Insufficient information has been filed to permit the clerk to determine whether the presumption of abuse arises. If more complete information is filed and shows that the presumption has arisen, the clerk will notify creditors.]



You must file a complaint: if you assert that the debtor is not entitled to receive a

discharge of any debts under any of the subdivisions of 11 U.S.C. § 727(a)(2) through (7), or

if you want to have a debt excepted from discharge under 11 U.S.C. § 523(a)(2), (4), or (6).

You must file a motion: if you assert that the discharge should be denied under

§ 727(a)(8) or (9).


Deadline for all creditors to file a proof of claim (except governmental units):

Deadline for governmental units to file a proof of claim:



Deadlines for filing proof of claim: A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be obtained at www.uscourts.gov or any bankruptcy clerk’s office. If you do not file a proof of claim by the deadline, you might not be paid on your claim. To be paid, you must file a proof of claim even if your claim is listed in the schedules that the debtor filed. Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including the right to a jury trial.

Deadline to object to exemptions: The law permits debtors to keep certain property as exempt. If you believe that the law does not authorize an exemption claimed, you may file an objection.




11. Liquidation of the debtor’s property and payment of creditors’ claims

The bankruptcy trustee listed on the front of this notice will collect and sell the debtor’s property that is not exempt. If the trustee can collect enough money, creditors may be paid some or all of the debts owed to them in the order specified by the Bankruptcy Code. To ensure you receive any share of that money, you must file a proof of claim as described above.

12. Exempt property The law allows debtors to keep certain property as exempt. Fully exempt property will not be sold and distributed to creditors. Debtors must file a list of property claimed as exempt. You may inspect that list at the bankruptcy clerk’s office or online at www.pacer.gov. If you believe that the law does not authorize an exemption that the debtors claim, you may file an objection. The bankruptcy clerk’s office must receive the objection by the deadline to object to exemptions in line 9.

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http://www.uscourts.gov/


Official Form 309C (For Corporations or Partnerships) Notice of Chapter 7 Bankruptcy Case No Proof of Claim Deadline 12/15 For the debtor listed above, a case has been filed under chapter 7 of the Bankruptcy Code. An order for relief has been entered.

This notice has important information about the case for creditors, debtors, and trustees, including information about the meeting of creditors and deadlines. The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtor or the debtor’s property. For example, while the stay is in effect, creditors cannot sue, assert a deficiency, repossess property, or otherwise try to collect from the debtor. Creditors cannot demand repayment from debtors by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees. To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address listed below or through PACER (Public Access to Court Electronic Records at www.pacer.gov).


Do not file this notice with any proof of claim or other filing in the case.



3. Address


Contact phone ______________________________

Email ______________________________


Contact phone ______________________________

Email ______________________________


Hours open ______________________________

Contact phone ______________________________

7. Meeting of creditors The debtor’s representative must attend the meeting to be questioned under oath. Creditors may attend, but are not required to do so.

_______________ at ___________ Date Time


Location:

8. Proof of claim Please do not file a proof of claim unless you receive a notice to do so.

No property appears to be available to pay creditors. Therefore, please do not file a proof of claim now.

If it later appears that assets are available to pay creditors, the clerk will send you another notice telling you that you may file a proof of claim and stating the deadline.



Debtor __________________________________________________________________ EIN ___ ___ – ___ ___ ___ ___ ___ ___ ___ Name




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Official Form 309D (For Corporations or Partnerships) Notice of Chapter 7 Bankruptcy Case Proof of Claim Deadline Set 12/15 For the debtor listed above, a case has been filed under chapter 7 of the Bankruptcy Code. An order for relief has been entered.

This notice has important information about the case for creditors, debtors, and trustees, including information about the meeting of creditors and deadlines. Read both pages carefully. The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtor or the debtor’s property. For example, while the stay is in effect, creditors cannot sue, assert a deficiency, repossess property, or otherwise try to collect from the debtor. Creditors cannot demand repayment from debtors by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees.






3. Address


Contact phone ______________________________

Email ______________________________


Contact phone ______________________________

Email ______________________________


Hours open _______________________________

Contact phone _______________________________


_______________ at ___________ Date Time


Location:


Debtor __________________________________________________________________ EIN ___ ___ – ___ ___ ___ ___ ___ ___ ___ Name




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8. Deadlines The bankruptcy clerk’s office must receive proofs of claim by the following deadlines.





A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be obtained at www.uscourts.gov or any bankruptcy clerk’s office. If you do not file a proof of claim by the deadline, you might not be paid on your claim. To be paid, you must file a proof of claim even if your claim is listed in the schedules that the debtor filed.

Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including the right to a jury trial.



10. Liquidation of the debtor’s property and payment of creditors’ claims

The bankruptcy trustee listed on the front of this notice will collect and sell the debtor’s property. If the trustee can collect enough money, creditors may be paid some or all of the debts owed to them, in the order specified by the Bankruptcy Code. To ensure you receive any share of that money, you must file a proof of claim, as described above.

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United States Bankruptcy Court for the: ______________________ District of _________ (State) [Date case filed for chapter 11 ______________ MM / DD / YYYY] OR Case number: _______________________________________ [Date case filed in chapter _____ ______________ MM / DD / YYYY



Official Form 309E (For Individuals or Joint Debtors) Notice of Chapter 11 Bankruptcy Case 12/15 For the debtors listed above, a case has been filed under chapter 11 of the Bankruptcy Code. An order for relief has been entered.

This notice has important information about the case for creditors and debtors, including information about the meeting of creditors and deadlines. Read both pages carefully.

The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtors or the debtors’ property. For example, while the stay is in effect, creditors cannot sue, garnish wages, assert a deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from debtors by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a stay. Confirmation of a chapter 11 plan may result in a discharge of debt. Creditors who assert that the debtors are not entitled to a discharge of any debts or who want to have a particular debt excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office within the deadlines specified in this notice. (See line 10 below for more information.) To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address listed below or through PACER (Public Access to Court Electronic Records at www.pacer.gov).







3. Address



Contact phone ______________________________

Email ______________________________


Hours open _______________________________

Contact phone _______________________________


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_______________ at ___________ Date Time


Location:



You must file a complaint: if you assert that the debtor is not entitled to receive a

discharge of any debts under 11 U.S.C. § 1141(d)(3) or if you want to have a debt excepted from discharge

under 11 U.S.C. § 523(a)(2), (4), or (6).

First date set for hearing on confirmation of plan. The court will send you a notice of that date later.

Filing deadline for dischargeability complaints: __________________

Deadline for filing proof of claim: [Not yet set. If a deadline is set, the court will send you another notice.] or

[date, if set by the court)]

A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be obtained at www.uscourts.gov or any bankruptcy clerk’s office.

Your claim will be allowed in the amount scheduled unless:

your claim is designated as disputed, contingent, or unliquidated; you file a proof of claim in a different amount; or you receive another notice.

If your claim is not scheduled or if your claim is designated as disputed, contingent, or unliquidated, you must file a proof of claim or you might not be paid on your claim and you might be unable to vote on a plan. You may file a proof of claim even if your claim is scheduled.

You may review the schedules at the bankruptcy clerk’s office or online at www.pacer.gov.

Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of claim submits a creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including the right to a jury trial.

Deadline to object to exemptions: The law permits debtors to keep certain property as exempt. If you believe that the law does not authorize an exemption claimed, you may file an objection.



If you are a creditor receiving mailed notice at a foreign address, you may file a motion asking the court to extend the deadlines in this notice. Consult an attorney familiar with United States bankruptcy law if you have any questions about your rights in this case.

9. Filing a Chapter 11 bankruptcy case

Chapter 11 allows debtors to reorganize or liquidate according to a plan. A plan is not effective unless the court confirms it. You may receive a copy of the plan and a disclosure statement telling you about the plan, and you may have the opportunity to vote on the plan. You will receive notice of the date of the confirmation hearing, and you may object to confirmation of the plan and attend the confirmation hearing. Unless a trustee is serving, the debtor will remain in possession of the property and may continue to operate the debtor’s business.

10. Discharge of debts Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of a debt. See 11 U.S.C. § 1141(d). However, unless the court orders otherwise, the debts will not be discharged until all payments under the plan are made. A discharge means that creditors may never try to collect the debt from the debtors personally except as provided in the plan. If you believe that a particular debt owed to you should be excepted from the discharge under 11 U.S.C. § 523 (a)(2), (4), or (6), you must file a complaint and pay the filing fee in the bankruptcy clerk’s office by the deadline. If you believe that the debtors are not entitled to a discharge of any of their debts under 11 U.S.C. § 1141 (d)(3), you must file a complaint and pay the filing fee in the clerk’s office by the first date set for the hearing on confirmation of the plan. The court will send you another notice telling you of that date.

11. Exempt property The law allows debtors to keep certain property as exempt. Fully exempt property will not be sold and distributed to creditors, even if the case is converted to chapter 7. Debtors must file a list of property claimed as exempt. You may inspect that list at the bankruptcy clerk’s office or online at www.pacer.gov. If you believe that the law does not authorize an exemption that the debtors claim, you may file an objection. The bankruptcy clerk’s office must receive the objection by the deadline to object to exemptions in line 7.

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Official Form 309F (For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Case 12/15 For the debtor listed above, a case has been filed under chapter 11 of the Bankruptcy Code. An order for relief has been entered.


The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtor or the debtor’s property. For example, while the stay is in effect, creditors cannot sue, assert a deficiency, repossess property, or otherwise try to collect from the debtor. Creditors cannot demand repayment from the debtor by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees.

Confirmation of a chapter 11 plan may result in a discharge of debt. A creditor who wants to have a particular debt excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office within the deadline specified in this notice. (See line 11 below for more information.)






3. Address


Contact phone ______________________________

Email ______________________________


Hours open _______________________________

Contact phone _______________________________


_______________ at ___________ Date Time


Location:


Debtor __________________________________________________________________ EIN ___ ___ – ___ ___ ___ ___ ___ ___ ___ Name




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7. Proof of claim deadline Deadline for filing proof of claim: [Not yet set. If a deadline is set, the court will send you another notice.] or

[date, if set by the court)]


Your claim will be allowed in the amount scheduled unless:

your claim is designated as disputed, contingent, or unliquidated; you file a proof of claim in a different amount; or you receive another notice.

If your claim is not scheduled or if your claim is designated as disputed, contingent, or unliquidated, you must file a proof of claim or you might not be paid on your claim and you might be unable to vote on a plan. You may file a proof of claim even if your claim is scheduled.

You may review the schedules at the bankruptcy clerk’s office or online at www.pacer.gov.

Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of claim submits a creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including the right to a jury trial.

8. Exception to discharge deadline The bankruptcy clerk’s office must receive a complaint and any required filing fee by the following deadline.

You must start a judicial proceeding by filing a complaint if you want to have a debt excepted from discharge under 11 U.S.C. § 1141(d)(6)(A).

Deadline for filing the complaint: _________________


If you are a creditor receiving notice mailed to a foreign address, you may file a motion asking the court to extend the deadlines in this notice. Consult an attorney familiar with United States bankruptcy law if you have any questions about your rights in this case.


Chapter 11 allows debtors to reorganize or liquidate according to a plan. A plan is not effective unless the court confirms it. You may receive a copy of the plan and a disclosure statement telling you about the plan, and you may have the opportunity to vote on the plan. You will receive notice of the date of the confirmation hearing, and you may object to confirmation of the plan and attend the confirmation hearing. Unless a trustee is serving, the debtor will remain in possession of the property and may continue to operate its business.

11. Discharge of debts Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of your debt. See 11 U.S.C. § 1141(d). A discharge means that creditors may never try to collect the debt from the debtor except as provided in the plan. If you want to have a particular debt owed to you excepted from the discharge under 11 U.S.C. § 1141(d)(6)(A), you must start a judicial proceeding by filing a complaint and paying the filing fee in the bankruptcy clerk’s office by the deadline.

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Official Form 309G (For Individuals or Joint Debtors) Notice of Chapter 12 Bankruptcy Case 12/15 For the debtors listed above, a case has been filed under chapter 12 of the Bankruptcy Code. An order for relief has been entered.


The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtors, from the debtors’ property, or from certain codebtors. For example, while the stay is in effect, creditors cannot sue, garnish wages, assert a deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from debtors by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees.

Confirmation of a chapter 12 plan may result in a discharge of debt. Creditors who want to have a particular debt excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office within the deadline specified in this notice. (See line 13 below for more information.)








3. Address



Contact phone ______________________________

Email ______________________________


Contact phone ______________________________

Email ______________________________


Hours open _______________________________

Contact phone _______________________________







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_______________ at ___________ Date Time


Location:


Deadline to file a complaint to challenge dischargeability of certain debts:

You must start a judicial proceeding by filing a complaint if you want to have a debt excepted from discharge under 11 U.S.C. § 523(a)(2), (4), or (6).






Deadlines for filing proof of claim:


If you do not file a proof of claim by the deadline, you might not be paid on your claim. To be paid, you must file a proof of claim even if your claim is listed in the schedules that the debtor filed.

Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including the right to a jury trial.




9. Filing of plan [The debtor has filed a plan. The plan or a summary of the plan is enclosed. The hearing on confirmation will be held on: ______________ at ___________ Location:__________________________________ Date Time ]

Or [The debtor has filed a plan. The plan or a summary of the plan and notice of confirmation hearing will be sent separately.]

Or [The debtor has not filed a plan as of this date. A copy of the plan or summary and a notice of the hearing on confirmation will be sent separately.]




Chapter 12 allows family farmers and family fishermen to reorganize according to a plan. A plan is not effective unless the court confirms it. You may receive a copy of the plan. You may object to confirmation of the plan and attend the confirmation hearing. The debtor will remain in possession of the property and may continue to operate the business unless the court orders otherwise.

12. Discharge of debts Confirmation of a chapter 12 plan may result in a discharge of debts, which may include all or part of your debt. Unless the court orders otherwise, the discharge will not be effective until all payments under the plan are made. A discharge means that you may never try to collect the debt from the debtor except as provided in the plan. If you want to have a particular debt excepted under 11 U.S.C. § 523(a)(2), (4), or (6), you must start a judicial proceeding by filing a complaint and paying the filing fee in the clerk’s office by the deadline.

13. Exempt property The law allows debtors to keep certain property as exempt. Fully exempt property will not be sold and distributed to creditors, even if the case is converted to chapter 7. Debtors must file a list of property claimed as exempt. You may inspect that list at the bankruptcy clerk’s office. If you believe that the law does not authorize an exemption that the debtors claim, you may file an objection. The bankruptcy clerk’s office must receive the objection by the deadline to object to exemptions in line 8.

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Official Form 309H (For Corporations or Partnerships) Notice of Chapter 12 Bankruptcy Case 12/15 For the debtor listed above, a case has been filed under chapter 12 of the Bankruptcy Code. An order for relief has been entered.


The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtor, the debtor’s property, or certain codebtors. For example, while the stay is in effect, creditors cannot sue, assert a deficiency, repossess property, or otherwise try to collect from the debtor. Creditors cannot demand repayment from the debtor by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees.

Confirmation of a chapter 12 plan may result in the discharge of debt. Creditors who want to have a particular debt excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office within the deadline specified in this notice. (See line 13 below for more information.)






3. Address


Contact phone ______________________________

Email ______________________________


Hours open _______________________________

Contact phone _______________________________


Contact phone ______________________________

Email ______________________________


Debtor __________________________________________________________________ EIN ___ ___ – ___ ___ ___ ___ ___ ___ ___ Name




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_______________ at ___________ Date Time


Location:

8. Exception to discharge deadline The bankruptcy clerk’s office must receive a complaint and any required filing fee by the following deadline.

You must start a judicial proceeding by filing a complaint if you want to have a debt excepted from discharge under 11 U.S.C. § 523(a)(2), (4), or (6).

Deadline for filing the complaint: ______________________

9. Filing of plan [The debtor has filed a plan. The plan or a summary of the plan is enclosed. The hearing on confirmation will be held on: ______________ at ___________ Location:__________________________________ Date Time ]

Or [The debtor has filed a plan. The plan or a summary of the plan and notice of confirmation hearing will be sent separately.]

Or [The debtor has not filed a plan as of this date. A copy of the plan or summary and a notice of the hearing on confirmation will be sent separately.]

10. Deadlines Deadline for all creditors to file a proof of claim (except governmental units):




A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be obtained at www.uscourts.gov or any bankruptcy clerk’s office. If you do not file a proof of claim by the deadline, you might not be paid on your claim. To be paid, you must file a proof of claim even if your claim is listed in the schedules that the debtor filed. Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including the right to a jury trial.



12. Filing a chapter 12 bankruptcy case

Chapter 12 allows family farmers and family fishermen to reorganize according to a plan. A plan is not effective unless the court confirms it. You may receive a copy of the plan. You may object to confirmation of the plan and attend the confirmation hearing. The debtor will remain in possession of the property and may continue to operate the business.

13. Discharge of debts Confirmation of a chapter 12 plan may result in a discharge of debts, which may include all or part of your debt. Unless the court orders otherwise, the discharge will not be effective until all payments under the plan are made. A discharge means that you may never try to collect the debt from the debtor except as provided in the plan.

If you want to have a particular debt excepted from discharge under 11 U.S.C. § 523(a)(2), (4), or (6), you must start a judicial proceeding by filing a complaint and paying the filing fee in the bankruptcy clerk’s office by the deadline.

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Official Form 309I Notice of Chapter 13 Bankruptcy Case 12/15 For the debtors listed above, a case has been filed under chapter 13 of the Bankruptcy Code. An order for relief has been entered.

This notice has important information about the case for creditors, debtors, and trustees, including information about the meeting of creditors and deadlines. Read both pages carefully. The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtors, the debtors’ property, and certain codebtors. For example, while the stay is in effect, creditors cannot sue, garnish wages, assert a deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from debtors by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a stay. Confirmation of a chapter 13 plan may result in a discharge. Creditors who assert that the debtors are not entitled to a discharge under 11 U.S.C. § 1328(f) must file a motion objecting to discharge in the bankruptcy clerk’s office within the deadline specified in this notice. Creditors who want to have their debt excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office by the same deadline. (See line 13 below for more information.) To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address listed below or through PACER (Public Access to Court Electronic Records at www.pacer.gov).







3. Address



Contact phone ______________________________

Email ______________________________


Contact phone ______________________________

Email ______________________________


Hours open _______________________________

Contact phone _______________________________







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_______________ at ___________ Date Time


Location:


Deadline to file a complaint to challenge dischargeability of certain debts: You must file:

a motion if you assert that the debtors are not entitled to receive a discharge under U.S.C. § 1328(f), or

a complaint if you want to have a particular debt excepted from discharge under 11 U.S.C. § 523(a)(2) or (4).

Filing deadline: _______________





Deadlines for filing proof of claim:

A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be obtained at www.uscourts.gov or any bankruptcy clerk’s office. If you do not file a proof of claim by the deadline, you might not be paid on your claim. To be paid, you must file a proof of claim even if your claim is listed in the schedules that the debtor filed. Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including the right to a jury trial.




9. Filing of plan [The debtor has filed a plan. The plan or a summary of the plan is enclosed. The hearing on confirmation will be held on: ______________ at ___________ Location:__________________________________ Date Time ] Or [The debtor has filed a plan. The plan or a summary of the plan and notice of confirmation hearing will be sent separately.] Or [The debtor has not filed a plan as of this date. A copy of the plan or summary and a notice of the hearing on confirmation will be sent separately.]


If you are a creditor receiving a notice mailed to a foreign address, you may file a motion asking the court to extend the deadline in this notice. Consult an attorney familiar with United States bankruptcy law if you have any questions about your rights in this case.

11. Filing a chapter 13 bankruptcy case

Chapter 13 allows an individual with regular income and debts below a specified amount to adjust debts according to a plan. A plan is not effective unless the court confirms it. You may object to confirmation of the plan and appear at the confirmation hearing. A copy of the plan [is included with this notice] or [will be sent to you later], and [the confirmation hearing will be held on the date shown in line 9 of this notice] or [the court will send you a notice of the confirmation hearing]. The debtor will remain in possession of the property and may continue to operate the business, if any, unless the court orders otherwise.

12. Exempt property The law allows debtors to keep certain property as exempt. Fully exempt property will not be sold and distributed to creditors, even if the case is converted to chapter 7. Debtors must file a list of property claimed as exempt. You may inspect that list at the bankruptcy clerk’s office or online at www.pacer.gov. If you believe that the law does not authorize an exemption that debtors claimed, you may file an objection by the deadline.

13. Discharge of debts Confirmation of a chapter 13 plan may result in a discharge of debts, which may include all or part of a debt. However, unless the court orders otherwise, the debts will not be discharged until all payments under the plan are made. A discharge means that creditors may never try to collect the debt from the debtors personally except as provided in the plan. If you want to have a particular debt excepted from discharge under 11 U.S.C. § 523(a)(2) or (4), you must file a complaint and pay the filing fee in the bankruptcy clerk’s office by the deadline. If you believe that the debtors are not entitled to a discharge of any of their debts under 11 U.S.C. § 1328(f), you must file a motion. The bankruptcy clerk’s office must receive the objection by the deadline to object to exemptions in line 8.

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Official Form 312 (12/15) [Caption as in 416A]

Order and Notice for Hearing on Disclosure Statement

To the debtor, its creditors, and other parties in interest:

A disclosure statement and a plan under chapter 11 [or chapter 9] of the Bankruptcy Code having been filed by __________________________________________ on _______________________________________,

IT IS ORDERED and notice is hereby given, that:

1. The hearing to consider the approval of the disclosure statement shall be held at:

______________________________________________________________,

on ___________________________, at _______ o’clock __.m.

2. _____________________________ is fixed as the last day for filing and serving in accordance with Fed. R. Bankr. P. 3017(a) written objections to the disclosure statement.

3. Within ______ days after entry of this order, the disclosure statement and plan shall be distributed in accordance with Fed. R. Bankr. P. 3017(a).

4. Requests for copies of the disclosure statement and plan shall be mailed to the debtor in possession [or trustee or debtor or ________________________ ] at the following mailing address:

[ _____________________________].

_____________ By the court: _____________________________ MM / DD / YYYY United States Bankruptcy Judge

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Order Approving Disclosure Statement and Fixing Time for Filing Acceptances or Rejections of Plan, Combined with Notice Thereof A disclosure statement under chapter 11 of the Bankruptcy Code having been filed by __________________________________________ on _______________________________________ [if appropriate, and by ________________________________, on ____________________ ], referring to a plan under chapter 11 of the Code filed by __________________________, on _________________ [if appropriate, and by ___________________________, on __________________ respectively] [if appropriate, as modified by a modification filed on _________________]; and

It having been determined after hearing on notice that the disclosure statement [or statements] contain[s] adequate information:

IT IS ORDERED, and notice is hereby given, that:

A. The disclosure statement filed by _________________________ dated __________ [if appropriate, and by ___________________________, dated ____________] is [are] approved.

B. ________________________ is fixed as the last day for filing written acceptances or rejections of the plan [or plans] referred to above.

C. Within _________ days after the entry of this order, the plan [or plans] or a summary or summaries thereof approved by the court, [and [if appropriate] a summary approved by the court of its opinion, if any, dated _________, approving the disclosure statement [or statements]], the disclosure statement [or statements], and a ballot conforming to Ballot for Accepting or Rejecting Plan of Reorganization (Official Form 314) shall be mailed to creditors, equity security holders, and other parties in interest, and shall be transmitted to the United States trustee, as provided in Fed. R. Bankr. P. 3017(d).

D. If acceptances are filed for more than one plan, preferences among the plans so accepted may be indicated.

E. [If appropriate] ______________ is fixed for the hearing on confirmation of the plan [or plans].

F. [If appropriate] _______________ is fixed as the last day for filing and serving pursuant to Fed. R. Bankr. P. 3020(b)(1) written objections to confirmation of the plan.


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Class [ ] Ballot for Accepting or Rejecting Plan of Reorganization

[Proponent] filed a plan of reorganization dated [Date] (the Plan) for the Debtor in this case. The Court has [conditionally] approved a disclosure statement with respect to the Plan (the Disclosure Statement). The Disclosure Statement provides information to assist you in deciding how to vote your ballot. If you do not have a Disclosure Statement, you may obtain a copy from [name, address, telephone number and telecopy number of proponent/proponent’s attorney.]

Court approval of the disclosure statement does not indicate approval of the Plan by the Court.

You should review the Disclosure Statement and the Plan before you vote. You may wish to seek legal advice concerning the Plan and your classification and treatment under the Plan. Your [claim] [equity interest] has been placed in class [ ] under the Plan. If you hold claims or equity interests in more than one class, you will receive a ballot for each class in which you are entitled to vote.

If your ballot is not received by [name and address of proponent’s attorney or other appropriate address] on or before [date], and such deadline is not extended, your vote will not count as either an acceptance or rejection of the Plan.

If the Plan is confirmed by the Bankruptcy Court, it will be binding on you whether or not you vote.

Acceptance or Rejection of the Plan

[At this point the ballot should provide for voting by the particular class of creditors or equity holders receiving the ballot using one of the following alternatives;]

[If the voter is the holder of a secured, priority, or unsecured nonpriority claim:]

The undersigned, the holder of a Class [ ] claim against the Debtor in the unpaid amount of Dollars ($ )

[or, if the voter is the holder of a bond, debenture, or other debt security:]

The undersigned, the holder of a Class [ ] claim against the Debtor, consisting of Dollars ($ ) principal amount of [describe bond, debenture, or other debt security] of the Debtor (For purposes of this Ballot, it is not necessary and you should not adjust the principal amount for any accrued or unmatured interest.)

[or, if the voter is the holder of an equity interest:]

The undersigned, the holder of Class [ ] equity interest in the Debtor, consisting of ______ shares or other interests of [describe equity interest] in the Debtor

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[In each case, the following language should be included:]

Check one box only

Accepts the plan

Rejects the plan

Dated: ___________________

Print or type name: _________________________________________

Signature: _________________________________________ Title (if corporation or partnership) ________

Address: _________________________________________

_________________________________________

_________________________________________

Return this ballot to:

[Name and address of proponent’s attorney or other appropriate address] DRAFT

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COMMITTEE NOTE

Official Form 314, Ballot for Accepting or Rejecting Plan replaces Official Form 14, Ballot for Accepting or Rejecting Plan. It is renumbered as part of the Forms Modernization Project, and includes stylistic changes throughout the form.

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Order Confirming Plan

The plan under chapter 11 of the Bankruptcy Code filed by _____________________________________, on

____________________ [if applicable, as modified by a modification filed on ______________________,] or a

summary thereof, having been transmitted to creditors and equity security holders; and

It having been determined after hearing on notice that the requirements for confirmation set forth in 11 U.S.C. § 1129(a) [or, if appropriate, 11 U.S.C. § 1129(b)] have been satisfied;

IT IS ORDERED that:

The plan filed by ________________________________________________, on _________________,

[If appropriate, include dates and any other pertinent details of modifications to the plan] is confirmed. [If the plan provides for an injunction against conduct not otherwise enjoined under the Code, include the information required by Rule 3020.]

A copy of the confirmed plan is attached.


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Order of Discharge IT IS ORDERED: A discharge under 11 U.S.C. § 727 is granted to:

___________________________ [_________________________________] [include all names used by each debtor, including trade names, within the 8 years prior to the filing of the petition]


Explanation of Bankruptcy Discharge in a Chapter 7 Case

This order does not close or dismiss the case, and it does not determine how much money, if any, the trustee will pay creditors.

Creditors cannot collect discharged debts

This order means that no one may make any attempt to collect a discharged debt from the debtors personally. For example, creditors cannot sue, garnish wages, assert a deficiency, or otherwise try to collect from the debtors personally on discharged debts. Creditors cannot contact the debtors by mail, phone, or otherwise in any attempt to collect the debt personally. Creditors who violate this order can be required to pay debtors damages and attorney’s fees.

However, a creditor with a lien may enforce a claim against the debtors’ property subject to that lien unless the lien was avoided or eliminated. For example, a creditor may have the right to foreclose a home mortgage or repossess an automobile.

This order does not prevent debtors from paying any debt voluntarily or from paying reaffirmed debts according to the reaffirmation agreement. 11 U.S.C. § 524(c), (f).

Most debts are discharged

Most debts are covered by the discharge, but not all. Generally, a discharge removes the debtors’ personal liability for debts owed before the debtors’ bankruptcy case was filed.

Also, if this case began under a different chapter of the Bankruptcy Code and was later converted to chapter 7, debts owed before the conversion are discharged.

In a case involving community property: Special rules protect certain community property owned by the debtor’s spouse, even if that spouse did not file a bankruptcy case.


Debtor 1 ______________________________________________ Last 4 digits of Social Security number or ITIN _ _ _ _ First Name Middle Name Last Name EIN _ _ - _ _ _ _ _ _ _ _

Debtor 2 ______________________________________________ Last 4 digits of Social Security number or ITIN _ _ _ _ (Spouse, if filing) First Name Middle Name Last Name EIN _ _ - _ _ _ _ _ _ _ _

United States Bankruptcy Court for the: _________ District of ______________ (State) Case number: ________________________


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Some debts are not discharged

Examples of debts that are not discharged are:

debts that are domestic support obligations;

debts for most student loans;

debts for most taxes;

debts that the bankruptcy court has decided or will decide are not discharged in this bankruptcy case;

debts for most fines, penalties, forfeitures, or criminal restitution obligations;

some debts which the debtors did not properly list;

debts for certain types of loans owed to pension, profit sharing, stock bonus, or retirement plans; and

debts for death or personal injury caused by operating a vehicle while intoxicated.

Also, debts covered by a valid reaffirmation agreement are not discharged.

In addition, this discharge does not stop creditors from collecting from anyone else who is also liable on the debt, such as an insurance company or a person who cosigned or guaranteed a loan.

This information is only a general summary of the bankruptcy discharge; some exceptions exist. Because the law is complicated, you should consult an attorney to determine the exact effect of the discharge in this case.

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410

Official Form 410 Proof of Claim 12/15 Read the instructions before filling out this form. This form is for making a claim for payment in a bankruptcy case. Do not use this form to make a request for payment of an administrative expense. Make such a request according to 11 U.S.C. § 503.

Filers must leave out or redact information that is entitled to privacy on this form or on any attached documents. Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and security agreements. Do not send original documents; they may be destroyed after scanning. If the documents are not available, explain in an attachment. A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157, and 3571.

Fill in all the information about the claim as of the date the case was filed. That date is on the notice of bankruptcy (Form 309) that you received.

Part 1: Identify the Claim

1. Who is the current creditor? ___________________________________________________________________________________________________________

Name of the current creditor (the person or entity to be paid for this claim)

Other names the creditor used with the debtor ________________________________________________________________________

2. Has this claim been acquired from someone else?

No Yes. From whom? ______________________________________________________________________________________________________

3. Where should notices and payments to the creditor be sent?

Federal Rule of Bankruptcy Procedure (FRBP) 2002(g)

Where should notices to the creditor be sent? Where should payments to the creditor be sent? (if different)

_____________________________________________________ Name

______________________________________________________ Number Street

______________________________________________________ City State ZIP Code

Contact phone ________________________

Contact email ________________________

_____________________________________________________ Name

______________________________________________________ Number Street

______________________________________________________ City State ZIP Code

Contact phone ________________________

Contact email ________________________

Uniform claim identifier for electronic payments in chapter 13 (if you use one):

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __

4. Does this claim amend one already filed?

No Yes. Claim number on court claims registry (if known) ________ Filed on ________________________

MM / DD / YYYY

5. Do you know if anyone else has filed a proof of claim for this claim?

No Yes. Who made the earlier filing? _____________________________

Debtor 1 __________________________________________________________________

Debtor 2 ________________________________________________________________ (Spouse, if filing)


Case number ___________________________________________


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Part 2: Give Information About the Claim as of the Date the Case Was Filed

6. Do you have any number you use to identify the debtor?

No Yes. Last 4 digits of the debtor’s account or any number you use to identify the debtor: ____ ____ ____ ____

7. How much is the claim? $_____________________________. Does this amount include interest or other charges?

No

Yes. Attach statement itemizing interest, fees, expenses, or other charges required by Bankruptcy Rule 3001(c)(2)(A).

8. What is the basis of the claim?

Examples: Goods sold, money loaned, lease, services performed, personal injury or wrongful death, or credit card.

Attach redacted copies of any documents supporting the claim required by Bankruptcy Rule 3001(c).

Limit disclosing information that is entitled to privacy, such as health care information.

______________________________________________________________________________

9. Is all or part of the claim secured?

No Yes. The claim is secured by a lien on property.

Nature of property:

Real estate. If the claim is secured by the debtor’s principal residence, file a Mortgage Proof of Claim Attachment (Official Form 410-A) with this Proof of Claim.

Motor vehicle Other. Describe: _____________________________________________________________

Basis for perfection: _____________________________________________________________

Attach redacted copies of documents, if any, that show evidence of perfection of a security interest (for example, a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has been filed or recorded.)

Value of property: $__________________

Amount of the claim that is secured: $__________________

Amount of the claim that is unsecured: $__________________ (The sum of the secured and unsecured amounts should match the amount in line 7.)

Amount necessary to cure any default as of the date of the petition: $____________________

Annual Interest Rate (when case was filed) _______%

Fixed Variable

10. Is this claim based on a lease?

No

Yes. Amount necessary to cure any default as of the date of the petition. $____________________

11. Is this claim subject to a right of setoff?

No

Yes. Identify the property: ___________________________________________________________________

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12. Is all or part of the claim entitled to priority under 11 U.S.C. § 507(a)?

A claim may be partly priority and partly nonpriority. For example, in some categories, the law limits the amount entitled to priority.

No

Yes. Check all that apply:

Amount entitled to priority

Domestic support obligations (including alimony and child support) under 11 U.S.C. § 507(a)(1)(A) or (a)(1)(B). $____________________

Up to $2,775* of deposits toward purchase, lease, or rental of property or services for personal, family, or household use. 11 U.S.C. § 507(a)(7). $____________________

Wages, salaries, or commissions (up to $12,475*) earned within 180 days before the bankruptcy petition is filed or the debtor’s business ends, whichever is earlier. 11 U.S.C. § 507(a)(4).

$____________________

Taxes or penalties owed to governmental units. 11 U.S.C. § 507(a)(8). $____________________

Contributions to an employee benefit plan. 11 U.S.C. § 507(a)(5). $____________________

Other. Specify subsection of 11 U.S.C. § 507(a)(__) that applies. $____________________

* Amounts are subject to adjustment on 4/01/16 and every 3 years after that for cases begun on or after the date of adjustment.

Part 3: Sign Below

The person completing this proof of claim must sign and date it. FRBP 9011(b).

If you file this claim electronically, FRBP 5005(a)(2) authorizes courts to establish local rules specifying what a signature is.

A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157, and 3571.

Check the appropriate box:

I am the creditor. I am the creditor’s attorney or authorized agent. I am the trustee, or the debtor, or their authorized agent. Bankruptcy Rule 3004. I am a guarantor, surety, endorser, or other codebtor. Bankruptcy Rule 3005.

I understand that an authorized signature on this Proof of Claim serves as an acknowledgment that when calculating the amount of the claim, the creditor gave the debtor credit for any payments received toward the debt.

I have examined the information in this Proof of Claim and have a reasonable belief that the information is true and correct.


Executed on date _________________ MM / DD / YYYY

________________________________________________________________________ Signature

Print the name of the person who is completing and signing this claim:

Name _______________________________________________________________________________________________ First name Middle name Last name

Title _______________________________________________________________________________________________

Company _______________________________________________________________________________________________ Identify the corporate servicer as the company if the authorized agent is a servicer.

Address _______________________________________________________________________________________________ Number Street

_______________________________________________________________________________________________ City State ZIP Code

Contact phone _____________________________ Email ____________________________________

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Part 1: Mortgage and Case Information Part 2: Total Debt Calculation Part 3: Arrearage as of Date of the Petition Part 4: Monthly Mortgage Payment

Case number: ____________________ Principal balance: __________ Principal & interest due: ____________ Principal & interest: _____________

Debtor 1: ____________________ Interest due: __________ Prepetition fees due: ____________ Monthly escrow: _____________

Debtor 2: ____________________ Fees, costs due: __________ Escrow deficiency for funds advanced: ____________

Private mortgage insurance: _____________

Last 4 digits to identify: ___ ___ ___ ___ Escrow deficiency for funds advanced: __________ Projected escrow shortage:

____________ Total monthly payment: _____________

Creditor: ____________________ Less total funds on hand: – __________ Less funds on hand: – ____________

Servicer: ____________________ Total debt: __________ Total prepetition arrearage: ____________

Fixed accrual/daily simple interest/other: ____________________

Part 5 : Loan Payment History from First Date of Default

Account Activity How Funds Were Applied/Amount Incurred Balance After Amount Received or Incurred A.

Date B.

Contractual payment amount

C.

Funds received

D.

Amount incurred

E.

Description F.

Contractual due date

G.

Prin, int & esc past due balance

H.

Amount to principal

I.

Amount to interest

J.

Amount to escrow

K.

Amount to fees or charges

L.

Unapplied funds

M.

Principal balance

N.

Accrued interest balance

O.

Escrow balance

P.

Fees / Charges balance

Q.

Unapplied funds balance

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Part 5 : Loan Payment History from First Date of Default

Account Activity How Funds Were Applied/Amount Incurred Balance After Amount Received or Incurred A.

Date B.

Contractual payment amount

C.

Funds received

D.

Amount incurred

E.

Description F.

Contractual due date

G.

Prin, int & esc past due balance

H.

Amount to principal

I.

Amount to interest

J.

Amount to escrow

K.

Amount to fees or charges

L.

Unapplied funds

M.

Principal balance

N.

Accrued interest balance

O.

Escrow balance

P.

Fees / Charges balance

Q.

Unapplied funds balance

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Official Form 410S1 Notice of Mortgage Payment Change 12/15

If the debtor’s plan provides for payment of postpetition contractual installments on your claim secured by a security interest in the debtor’s principal residence, you must use this form to give notice of any changes in the installment payment amount. File this form as a supplement to your proof of claim at least 21 days before the new payment amount is due. See Bankruptcy Rule 3002.1.

Name of creditor: _______________________________________ Court claim no. (if known): _____________________

Last 4 digits of any number you use to identify the debtor’s account: ____ ____ ____ ____

Date of payment change: Must be at least 21 days after date of this notice

____/____/_____

New total payment: Principal, interest, and escrow, if any

$ ____________

Part 1: Escrow Account Payment Adjustment

1. Will there be a change in the debtor’s escrow account payment?

No Yes. Attach a copy of the escrow account statement prepared in a form consistent with applicable nonbankruptcy law. Describe

the basis for the change. If a statement is not attached, explain why: ___________________________________________ __________________________________________________________________________________________________

Current escrow payment: $ _______________ New escrow payment: $ _______________

Part 2: Mortgage Payment Adjustment

2. Will the debtor’s principal and interest payment change based on an adjustment to the interest rate on the debtor's variable-rate account?

No Yes. Attach a copy of the rate change notice prepared in a form consistent with applicable nonbankruptcy law. If a notice is not

attached, explain why: _______________________________________________________________________________ __________________________________________________________________________________________________

Current interest rate: _______________% New interest rate: _______________%

Current principal and interest payment: $ _______________ New principal and interest payment: $ _______________

Part 3: Other Payment Change

3. Will there be a change in the debtor’s mortgage payment for a reason not listed above?

No Yes. Attach a copy of any documents describing the basis for the change, such as a repayment plan or loan modification agreement.

(Court approval may be required before the payment change can take effect.)

Reason for change: ___________________________________________________________________________________ Current mortgage payment: $ _______________ New mortgage payment: $ _______________

Debtor 1 __________________________________________________________________



Case number ___________________________________________


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Part 4: Sign Here

The person completing this Notice must sign it. Sign and print your name and your title, if any, and state your address and telephone number.

Check the appropriate box.

I am the creditor.

I am the creditor’s authorized agent.

I declare under penalty of perjury that the information provided in this claim is true and correct to the best of my knowledge, information, and reasonable belief.

_____________________________________________________________ Date ____/_____/________ Signature

Print: _________________________________________________________ Title ___________________________ First Name Middle Name Last Name

Company _________________________________________________________

Address _________________________________________________________ Number Street

___________________________________________________ City State ZIP Code

Contact phone (______) _____– _________ Email ________________________

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417

Official Form 410S2 Notice of Postpetition Mortgage Fees, Expenses, and Charges 12/15

If the debtor’s plan provides for payment of postpetition contractual installments on your claim secured by a security interest in the debtor's principal residence, you must use this form to give notice of any fees, expenses, and charges incurred after the bankruptcy filing that you assert are recoverable against the debtor or against the debtor's principal residence.

File this form as a supplement to your proof of claim. See Bankruptcy Rule 3002.1.

Name of creditor: _______________________________________ Court claim no. (if known): __________________


Does this notice supplement a prior notice of postpetition fees, expenses, and charges?

No Yes. Date of the last notice: ____/____/_____

Part 1: Itemize Postpetition Fees, Expenses, and Charges

Itemize the fees, expenses, and charges incurred on the debtor’s mortgage account after the petition was filed. Do not include any escrow account disbursements or any amounts previously itemized in a notice filed in this case or ruled on by the bankruptcy court.

Description Dates incurred Amount

1. Late charges _________________________________ (1) $ __________ 2. Non-sufficient funds (NSF) fees _________________________________ (2) $ __________ 3. Attorney fees _________________________________ (3) $ __________ 4. Filing fees and court costs _________________________________ (4) $ __________ 5. Bankruptcy/Proof of claim fees _________________________________ (5) $ __________ 6. Appraisal/Broker’s price opinion fees _________________________________ (6) $ __________ 7. Property inspection fees _________________________________ (7) $ __________ 8. Tax advances (non-escrow) _________________________________ (8) $ __________ 9. Insurance advances (non-escrow) _________________________________ (9) $ __________

10. Property preservation expenses. Specify:_______________ _________________________________ (10) $ __________ 11. Other. Specify:____________________________________ _________________________________ (11) $ __________ 12. Other. Specify:____________________________________ _________________________________ (12) $ __________ 13. Other. Specify:____________________________________ _________________________________ (13) $ __________ 14. Other. Specify:____________________________________ _________________________________ (14) $ __________

The debtor or trustee may challenge whether the fees, expenses, and charges you listed are required to be paid. See 11 U.S.C. § 1322(b)(5) and Bankruptcy Rule 3002.1.

Debtor 1 __________________________________________________________________



Case number ___________________________________________


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Part 2: Sign Here

The person completing this Notice must sign it. Sign and print your name and your title, if any, and state your address and telephone number.

Check the appropriate box.

I am the creditor.


I declare under penalty of perjury that the information provided in this claim is true and correct to the best of my knowledge, information, and reasonable belief.

__________________________________________________ Date ____/_____/________ Signature

Print: _________________________________________________________ Title ___________________________ First Name Middle Name Last Name

Company _________________________________________________________

Address _________________________________________________________ Number Street ___________________________________________________ City State ZIP Code


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419

Official Form 423 Certification About a Financial Management Course 12/15 If you are an individual, you must take an approved course about personal financial management if:

you filed for bankruptcy under chapter 7 or 13, or

you filed for bankruptcy under chapter 11 and § 1141 (d)(3) does not apply.

In a joint case, each debtor must take the course. 11 U.S.C. §§ 727(a)(11) and 1328(g).

After you finish the course, the provider will give you a certificate. The provider may notify the court that you have completed the course.

If the provider does notify the court, you need not file this form. If the provider does not notify the court, then Debtor 1 and Debtor 2 must

each file this form with the certificate number before your debts will be discharged.

If you filed under chapter 7 and you need to file this form, file it within 60 days after the first date set for the meeting of creditors under § 341 of the Bankruptcy Code.

If you filed under chapter 11 or 13 and you need to file this form, file it before you make the last payment that your plan requires or before you file a motion for a discharge under § 1141(d)(5)(B) or § 1328(b) of the Bankruptcy Code. Fed. R. Bankr. P. 1007(c).

In some cases, the court can waive the requirement to take the financial management course. To have the requirement waived, you must file a

motion with the court and obtain a court order.

Part 1: Tell the Court About the Required Course

You must check one:

I completed an approved course in personal financial management:

Date I took the course ___________________ MM / DD / YYYY

Name of approved provider ______________________________________________________________________

Certificate number ______________________________________________________________________

I am not required to complete a course in personal financial management because the court has granted my motion for a waiver of the requirement based on (check one):


Disability. My physical disability causes me to be unable to complete a course in personal financial management in person, by phone, or through the internet, even after I reasonably tried to do so.


Residence. I live in a district in which the United States trustee (or bankruptcy administrator) has determined that the approved instructional courses cannot adequately meet my needs.

Part 2: Sign Here

I certify that the information I have provided is true and correct.

________________________________________________ ________________________________________ Date _________________ Signature of debtor named on certificate Printed name of debtor MM / DD / YYYY






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[Caption as described in Fed. R. Bankr. P. 7010 or 9004(b), as applicable]

Certification to Court of Appeals by All Parties A notice of appeal having been filed in the above-styled matter on _________[Date], ___________________, ________________________, and ______________________, [names of all the appellants and all the appellees, if any], who are all the appellants [and all the appellees] hereby certify to the court under 28 U.S.C. § 158(d)(2)(A) that a circumstance specified in 28 U.S.C. § 158(d)(2) exists as stated below.

Leave to appeal in this matter:

is required under 28 U.S.C. § 158(a)

is not required under 28 U.S.C. § 158(a).

[If from a final judgment, order, or decree] This certification arises in an appeal from a final judgment, order, or decree of the United States Bankruptcy Court for the _________ District of ______________ entered on ____________[Date].

[If from an interlocutory order or decree] This certification arises in an appeal from an interlocutory order or decree, and the parties hereby request leave to appeal as required by 28 U.S.C. § 158(a).

[The certification shall contain one or more of the following statements, as is appropriate to the circumstances.]

The judgment, order, or decree involves a question of law as to which there is no controlling decision of the court of appeals for this circuit or of the Supreme Court of the United States, or involves a matter of public importance.

Or

The judgment, order, or decree involves a question of law requiring resolution of conflicting decisions.

Or

An immediate appeal from the judgment, order, or decree may materially advance the progress of the case or proceeding in which the appeal is taken.

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421

Official Form 424 continued (12/15)

[The parties may include or attach the information specified in Rule 8001.]

Signed: [If there are more than two signatories, all must sign and provide the information requested below. Attach additional signed sheets if needed.]

Attorney for Appellant (or Appellant, if not represented by an attorney):

____________________________ ____________________________

Printed name of signer: ____________________________ ____________________________

Address: ____________________________

____________________________

____________________________

____________________________

____________________________

____________________________

Telephone number: (______)_______–___________ (______)_______–___________

Date: _______/______/_______ MM / DD / YYYY

_______/______/_______ MM / DD / YYYY

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Official Form 427 Cover Sheet for Reaffirmation Agreement 12/15 Anyone who is a party to a reaffirmation agreement may fill out and file this form. Fill it out completely, attach it to the reaffirmation agreement, and file the documents within the time set under Bankruptcy Rule 4008.

Part 1: Explain the Repayment Terms of the Reaffirmation Agreement

1. Who is the creditor? __________________________________________________________________________________________________________ Name of the creditor

2. How much is the debt? On the date that the bankruptcy case is filed $__________________

To be paid under the reaffirmation agreement $__________________

$________ per month for ______ months (if fixed interest rate)

3. What is the Annual Percentage Rate (APR) of interest? (See Bankruptcy Code § 524(k)(3)(E).)

Before the bankruptcy case was filed __________________%

Under the reaffirmation agreement __________________% Fixed rate Adjustable rate

4. Does collateral secure the debt? No

Yes. Describe the collateral. ________________________________________________________________________

Current market value $__________________

5. Does the creditor assert that the debt is nondischargeable?

No Yes. Attach an explanation of the nature of the debt and the basis for contending that the debt is nondischargeable.

6. Using information from Schedule I: Your Income (Official Form 106I) and Schedule J: Your Expenses (Official Form 106J), fill in the amounts.

Income and expenses reported on Schedules I and J Income and expenses stated on the reaffirmation agreement

6a. Combined monthly income from line 12 of Schedule I

$ _____________ 6e. Monthly income from all sources after payroll deductions

$ ______________

6b. Monthly expenses from line 22c of Schedule J

– $ ___________ 6f. Monthly expenses – $ ______________

6c. Monthly payments on all reaffirmed debts not listed on Schedule J

– $ ___________ 6g. Monthly payments on all reaffirmed debts not included in monthly expenses

– $ ______________

6d. Scheduled net monthly income

Subtract lines 6b and 6c from 6a. If the total is less than 0, put the

number in brackets.

$ ____________ 6h. Present net monthly income

Subtract lines 6f and 6g from 6e. If the total is less than 0, put the

number in brackets.

$ ______________






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7. Are the income amounts on lines 6a and 6e different?

No Yes. Explain why they are different and complete line 10._____________________________________________

______________________________________________________________________________________

8. Are the expense amounts on lines 6b and 6f different?

No Yes. Explain why they are different and complete line 10.______________________________________________

______________________________________________________________________________________

9. Is the net monthly income in line 6h less than 0?

No Yes. A presumption of hardship arises (unless the creditor is a credit union).

Explain how the debtor will make monthly payments on the reaffirmed debt and pay other living expenses. Complete line 10.

______________________________________________________________________________________

______________________________________________________________________________________

10. Debtor’s certification about lines 7-9

If any answer on lines 7-9 is Yes, the debtor must sign here.

If all the answers on lines 7-9 are No, go to line 11.

I certify that each explanation on lines 7-9 is true and correct.

________________________________________

Signature of Debtor 1 ___________________________

Signature of Debtor 2 (Spouse Only in a Joint Case)

11. Did an attorney represent the debtor in negotiating the reaffirmation agreement?

No Yes. Has the attorney executed a declaration or an affidavit to support the reaffirmation agreement?

No

Yes

Part 2: Sign Here

Whoever fills out this form must sign here.

I certify that the attached agreement is a true and correct copy of the reaffirmation agreement between the parties identified on this Cover Sheet for Reaffirmation Agreement.

_____________________________________________________________ Date _________________ Signature MM / DD / YYYY

_____________________________________________________________________ Printed Name

Check one:

Debtor or Debtor’s Attorney

Creditor or Creditor’s Attorney

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Official Form 410

Instructions for Proof of Claim United States Bankruptcy Court 12/15

These instructions and definitions generally explain the law. In certain circumstances, such as bankruptcy cases that debtors do not file voluntarily, exceptions to these general rules may apply. You should consider obtaining the advice of an attorney, especially if you are unfamiliar with the bankruptcy process and privacy regulations.

How to fill out this form

Fill in all of the information about the claim as of the date the case was filed.

Fill in the caption at the top of the form.

If the claim has been acquired from someone else, then state the identity of the last party who owned the claim or was the holder of the claim and who transferred it to you before the initial claim was filed.

Attach any supporting documents to this form.

Attach redacted copies of any documents that show that the debt exists, a lien secures the debt, or both. (See the definition of redaction on the next page.)

Also attach redacted copies of any documents that show perfection of any security interest or any assignments or transfers of the debt. In addition to the documents, a summary may be added. Federal Rule of Bankruptcy Procedure (called “Bankruptcy Rule”) 3001(c) and (d).

Do not attach original documents because attachments may be destroyed after scanning.

If the claim is based on delivering health care goods or services, do not disclose confidential health care information. Leave out or redact confidential information both in the claim and in the attached documents.

A Proof of Claim form and any attached documents must show only the last 4 digits of any social security number, individual’s tax identification number, or financial account number, and only the year of any person’s date of birth. See Bankruptcy Rule 9037.

For a minor child, fill in only the child’s initials and the full name and address of the child’s parent or guardian. For example, write A.B., a minor child (John Doe, parent, 123 Main St., City, State). See Bankruptcy Rule 9037.

Confirmation that the claim has been filed

To receive confirmation that the claim has been filed, either enclose a stamped self-addressed envelope and a copy of this form or go to the court’s PACER system (www.pacer.psc.uscourts.gov) to view the filed form.

Understand the terms used in this form

Administrative expense: Generally, an expense that arises after a bankruptcy case is filed in connection with operating, liquidating, or distributing the bankruptcy estate. 11 U.S.C. § 503.

Claim: A creditor’s right to receive payment for a debt that the debtor owed on the date the debtor filed for bankruptcy. 11 U.S.C. §101 (5). A claim may be secured or unsecured.

A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157 and 3571.

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http://www.pacer.psc.uscourts.gov/

Creditor: A person, corporation, or other entity to whom a debtor owes a debt that was incurred on or before the date the debtor filed for bankruptcy. 11 U.S.C. §101 (10).

Debtor: A person, corporation, or other entity who is in bankruptcy. Use the debtor’s name and case number as shown in the bankruptcy notice you received. 11 U.S.C. § 101 (13).

Evidence of perfection: Evidence of perfection of a security interest may include documents showing that a security interest has been filed or recorded, such as a mortgage, lien, certificate of title, or financing statement.

Information that is entitled to privacy: A Proof of Claim form and any attached documents must show only the last 4 digits of any social security number, an individual’s tax identification number, or a financial account number, only the initials of a minor’s name, and only the year of any person’s date of birth. If a claim is based on delivering health care goods or services, limit the disclosure of the goods or services to avoid embarrassment or disclosure of confidential health care information. You may later be required to give more information if the trustee or someone else in interest objects to the claim.

Priority claim: A claim within a category of unsecured claims that is entitled to priority under 11 U.S.C. §507(a). These claims are paid from the available money or property in a bankruptcy case before other unsecured claims are paid. Common priority unsecured claims include alimony, child support, taxes, and certain unpaid wages.

Proof of claim: A form that shows the amount of debt the debtor owed to a creditor on the date of the bankruptcy filing. The form must be filed in the district where the case is pending.

Redaction of information: Masking, editing out, or deleting certain information to protect privacy. Filers must redact or leave out information entitled to privacy on the Proof of Claim form and any attached documents.

Secured claim under 11 U.S.C. §506(a): A claim backed by a lien on particular property of the debtor. A claim is secured to the extent that a creditor has the right to be paid from the property before other creditors are paid. The amount of a secured claim usually cannot be more than the value of the particular property on which the creditor has a lien. Any amount owed to a creditor that is more than the value of the property normally may be an unsecured claim. But exceptions exist; for example, see 11 U.S.C. § 1322(b) and the final sentence of 1325(a).

Examples of liens on property include a mortgage on real estate or a security interest in a car. A lien may be voluntarily granted by a debtor or may be obtained through a court proceeding. In some states, a court judgment may be a lien.

Setoff: Occurs when a creditor pays itself with money belonging to the debtor that it is holding, or by canceling a debt it owes to the debtor.

Uniform claim identifier: An optional 24-character identifier that some creditors use to facilitate electronic payment.

Unsecured claim: A claim that does not meet the requirements of a secured claim. A claim may be unsecured in part to the extent that the amount of the claim is more than the value of the property on which a creditor has a lien.

Offers to purchase a claim

Certain entities purchase claims for an amount that is less than the face value of the claims. These entities may contact creditors offering to purchase their claims. Some written communications from these entities may easily be confused with official court documentation or communications from the debtor. These entities do not represent the bankruptcy court, the bankruptcy trustee, or the debtor. A creditor has no obligation to sell its claim. However, if a creditor decides to sell its claim, any transfer of that claim is subject to Bankruptcy Rule 3001(e), any provisions of the Bankruptcy Code (11 U.S.C. § 101 et seq.) that apply, and any orders of the bankruptcy court that apply.

Do not file these instructions with your form.

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Official Form 410A Instructions for Mortgage Proof of Claim Attachment United States Bankruptcy Court 12/15

Introduction

This form is used only in individual debtor cases. When required to be filed, it must be attached to Proof of Claim (Official Form B410) with other documentation required under the Federal Rules of Bankruptcy Procedure.

Applicable Law and Rules

Rule 3001(c)(2)(A) of the Federal Rules of Bankruptcy Procedure requires for the bankruptcy case of an individual that any proof of claim be accompanied by a statement itemizing any interest, fees, expenses, and charges that are included in the claim.

Rule 3001(c)(2)(B) requires that a statement of the amount necessary to cure any default be filed with the claim if a security interest is claimed in the debtor’s property.

If a security interest is claimed in property that is the debtor’s principal residence, Rule 3001(c)(2)(C) requires this form to be filed with the proof of claim. The form implements the requirements of Rule 3001(c)(2)(A) and (B).

If an escrow account has been established in connection with the claim, Rule 3001(c)(2)(C) also requires an escrow statement to be filed with the proof of claim. The statement must be prepared as of the date of the petition and in a form consistent with applicable nonbankruptcy law.

Directions

Definition

This form must list all transactions on the claim from the first date of default to the petition date. The first date of default is the first date on which the borrower failed to make a payment in accordance with the terms of the note and mortgage, unless the note was subsequently brought current with no principal, interest, fees, escrow payments, or other charges immediately payable.

Information required in Part 1: Mortgage and Case Information

Insert on the appropriate lines:

the case number;

the names of Debtor 1 and Debtor 2;

the last 4 digits of the loan account number

or any other number used to identify the

account;

the creditor’s name;

the servicer’s name, if applicable; and

the method used to calculate interest on the debt (i.e., fixed accrual, daily simple interest, or other method).

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Information required in Part 2: Total Debt Calculation

Insert:

the principal balance on the debt;

the interest due and owing;

any fees or costs owed under the note or

mortgage and outstanding as of the date of

the bankruptcy filing; and

any Escrow deficiency for funds advanced—

that is, the amount of any prepetition

payments for taxes and insurance that the

servicer or mortgagee made out of its own

funds and for which it has not been

reimbursed.

Also disclose the Total amount of funds on hand. This amount is the total of the following, if applicable:

a positive escrow balance,

unapplied funds, and

amounts held in suspense accounts.

Total the amounts owed—subtracting total funds on hand—to determine the total debt due.

Insert this amount under Total debt. The amount should be the same as the claim amount that you report on line 7 of Official Form 410.

Information required in the Part 3: Arrearage as of the Date of Petition

Insert the amount of the principal and interest portion of all prepetition monthly installments that remain outstanding as of the petition date. The escrow portion of prepetition monthly installment payments should not be included in this figure.

Insert the amount of fees and costs outstanding as of the petition date. This amount should equal the Fees/Charges balance as shown in the last entry in Part 5, Column P.

Insert any escrow deficiency for funds advanced. This amount should be the same as the amount of escrow deficiency stated in Part 2.

Insert the Projected escrow shortage as of the date the bankruptcy petition was filed. The projected escrow shortage is the amount the claimant asserts should exist in the escrow account as of the petition date, less the amount actually held. The amount actually held should equal the amount of a positive escrow account balance as shown in the last entry in Part 5, Column O.

This calculation should result in the amount necessary to cure any prepetition default on the note or mortgage that arises from the failure of the borrower to satisfy the amounts required under the Real Estate Settlement Practices Act (RESPA). The amount necessary to cure should include 1/6 of the anticipated annual charges against the escrow account or 2 months of the monthly pro rata installments due by the borrower as calculated under RESPA guidelines. The amount of the projected escrow shortage should be consistent with the escrow account statement attached to the Proof of Claim, as required by Rule 3001(c)(2)(C).

Insert the amount of funds on hand that are unapplied or held in a suspense account as of the petition date.

Total the amounts due listed in Part 3, subtracting the funds on hand, and insert the calculated amount in Total prepetition arrearage. This should be the same amount as “Amount necessary to cure any default as of the date of the petition” that your report on line 9 of Official Form 410.

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Information required in Part 4: Monthly Mortgage Payment

Insert the principal and interest amount of the first postpetition payment.

Insert the monthly escrow portion of the monthly payment. This amount should take into account the receipt of any amounts claimed in Part 3 as escrow deficiency and projected escrow shortage. Therefore, a claimant should assume that the escrow deficiency and shortage will be paid through a plan of reorganization and provide for a credit of a like amount when calculating postpetition escrow installment payments.

Claimants should also add any monthly private mortgage insurance amount.

Insert the sum of these amounts in Total monthly payment.

Information required in Part 5: Loan Payment History from the First Date of Default

Beginning with the First Date of Default, enter:

the date of the default in Column A;

amount incurred in Column D;

description of the charge in Column E;

principal balance, escrow balance, and

unapplied or suspense funds balance as of

that date in Columns M, O, and Q,

respectively.

For (1) all subsequently accruing installment payments; (2) any subsequent payment received; (3) any fee, charge, or amount incurred; and (4) any escrow charge satisfied since the date of first default, enter the information in date order, showing:

the amount paid, accrued, or incurred;

a description of the transaction;

the contractual due date, if applicable;

how the amount was applied or assessed;

and

the resulting principal balance, accrued

interest balance, escrow balance,

outstanding fees or charges balance, and the

total unapplied funds held or in suspense.

If more space is needed, fill out and attach as many copies of Mortgage Proof of Claim Attachment: Additional Page as necessary.

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429

ADVERSARY PROCEEDING COVER SHEET (Instructions on Reverse)

ADVERSARY PROCEEDING NUMBER (Court Use Only)

PLAINTIFFS DEFENDANTS

ATTORNEYS (Firm Name, Address, and Telephone No.)

ATTORNEYS (If Known)

PARTY (Check One Box Only) □ Debtor □ U.S. Trustee/Bankruptcy Admin □ Creditor □ Other □ Trustee

PARTY (Check One Box Only) □ Debtor □ U.S. Trustee/Bankruptcy Admin □ Creditor □ Other □ Trustee

CAUSE OF ACTION (WRITE A BRIEF STATEMENT OF CAUSE OF ACTION, INCLUDING ALL U.S. STATUTES INVOLVED)

NATURE OF SUIT

(Number up to five (5) boxes starting with lead cause of action as 1, first alternative cause as 2, second alternative cause as 3, etc.)

FRBP 7001(1) – Recovery of Money/Property □ 11-Recovery of money/property - §542 turnover of property □ 12-Recovery of money/property - §547 preference □ 13-Recovery of money/property - §548 fraudulent transfer □ 14-Recovery of money/property - other FRBP 7001(2) – Validity, Priority or Extent of Lien □ 21-Validity, priority or extent of lien or other interest in property FRBP 7001(3) – Approval of Sale of Property □ 31-Approval of sale of property of estate and of a co-owner - §363(h) FRBP 7001(4) – Objection/Revocation of Discharge □ 41-Objection / revocation of discharge - §727(c),(d),(e) FRBP 7001(5) – Revocation of Confirmation □ 51-Revocation of confirmation FRBP 7001(6) – Dischargeability □ 66-Dischargeability - §523(a)(1),(14),(14A) priority tax claims □ 62-Dischargeability - §523(a)(2), false pretenses, false representation,

actual fraud □ 67-Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny

(continued next column)

FRBP 7001(6) – Dischargeability (continued) □ 61-Dischargeability - §523(a)(5), domestic support □ 68-Dischargeability - §523(a)(6), willful and malicious injury □ 63-Dischargeability - §523(a)(8), student loan □ 64-Dischargeability - §523(a)(15), divorce or separation obligation

(other than domestic support) □ 65-Dischargeability - other

FRBP 7001(7) – Injunctive Relief □ 71-Injunctive relief – imposition of stay □ 72-Injunctive relief – other FRBP 7001(8) Subordination of Claim or Interest □ 81-Subordination of claim or interest FRBP 7001(9) Declaratory Judgment □ 91-Declaratory judgment FRBP 7001(10) Determination of Removed Action □ 01-Determination of removed claim or cause Other □ SS-SIPA Case – 15 U.S.C. §§78aaa et.seq. □ 02-Other (e.g. other actions that would have been brought in state court

if unrelated to bankruptcy case)

□ Check if this case involves a substantive issue of state law □ Check if this is asserted to be a class action under FRCP 23

□ Check if a jury trial is demanded in complaint Demand $

Other Relief Sought

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430

BANKRUPTCY CASE IN WHICH THIS ADVERSARY PROCEEDING ARISES

NAME OF DEBTOR BANKRUPTCY CASE NO.

DISTRICT IN WHICH CASE IS PENDING DIVISION OFFICE NAME OF JUDGE

RELATED ADVERSARY PROCEEDING (IF ANY)

PLAINTIFF DEFENDANT ADVERSARY PROCEEDING NO.

DISTRICT IN WHICH ADVERSARY IS PENDING DIVISION OFFICE NAME OF JUDGE

SIGNATURE OF ATTORNEY (OR PLAINTIFF)

DATE PRINT NAME OF ATTORNEY (OR PLAINTIFF)

INSTRUCTIONS

The filing of a bankruptcy case creates an “estate” under the jurisdiction of the bankruptcy court which consists of all of the property of the debtor, wherever that property is located. Because the bankruptcy estate is so extensive and the jurisdiction of the court so broad, there may be lawsuits over the property or property rights of the estate. There also may be lawsuits concerning the debtor’s discharge. If such a lawsuit is filed in a bankruptcy court, it is called an adversary proceeding.

A party filing an adversary proceeding must also must complete and file Form 1040, the Adversary Proceeding

Cover Sheet, unless the party files the adversary proceeding electronically through the court’s Case Management/Electronic Case Filing system (CM/ECF). (CM/ECF captures the information on Form 1040 as part of the filing process.) When completed, the cover sheet summarizes basic information on the adversary proceeding. The clerk of court needs the information to process the adversary proceeding and prepare required statistical reports on court activity.

The cover sheet and the information contained on it do not replace or supplement the filing and service of pleadings

or other papers as required by law, the Bankruptcy Rules, or the local rules of court. The cover sheet, which is largely self-explanatory, must be completed by the plaintiff’s attorney (or by the plaintiff if the plaintiff is not represented by an attorney). A separate cover sheet must be submitted to the clerk for each complaint filed. Plaintiffs and Defendants. Give the names of the plaintiffs and defendants exactly as they appear on the complaint. Attorneys. Give the names and addresses of the attorneys, if known. Party. Check the most appropriate box in the first column for the plaintiffs and the second column for the defendants. Demand. Enter the dollar amount being demanded in the complaint. Signature. This cover sheet must be signed by the attorney of record in the box on the second page of the form. If the plaintiff is represented by a law firm, a member of the firm must sign. If the plaintiff is pro se, that is, not represented by an attorney, the plaintiff must sign.

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431

United States Bankruptcy Court

District Of

In re

Case No.

Debtor

EXEMPLIFICATION CERTIFICATE

I, , clerk of the bankruptcy court for this district and keeper of the records and seal of the court, certify that the documents attached are true copies of

now remaining among the records of the court. In testimony of this statement, I sign my name, and affix the seal of this court at this

, in the State of , .

[Seal of Court] Clerk of the Bankruptcy Court

I, , bankruptcy judge for this district certify that is and was at the date of the above certificate clerk of the bankruptcy court for this district, duly appointed and sworn, and keeper of the records and seal of the court, and that the above certificate of the clerk and the clerk’s attestation are in due form of law.

Date Bankruptcy Judge

I, of the court, certify that the Honorable

, clerk of the bankruptcy court for this district and keeper of the seal is and was on the date of the above

certificate a judge of this court, duly appointed and sworn; and that I am well acquainted with this handwriting and official signature and know and certify the signature written above to be that of the judge.

In testimony of this statement, I sign my name, and affix the seal of the court at , in the State of , this .

[Seal of Court] Clerk of the Bankruptcy Court

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432

B1320 (Form 1320) (12/15)

UNITED STATES BANKRUPTCY COURT _______________ District Of _______________

APPLICATION FOR SEARCH OF BANKRUPTCY RECORDS *

Name of individual or business that is the subject of the search:

Social-Security No. or Individual Taxpayer-Identification No. (ITIN) of Subject: Employer Tax-Identification No. (EIN) (if any) of Subject:

Please search your records for the following information regarding the individual or business named above: □ pending or closed bankruptcy cases in this district; □ pending or closed adversary proceedings; □ judgments/evidence of satisfaction of judgments; and □ other [describe briefly]

Please search for the period from _____________________________to ________________________________. A fee of $30.00 is charged for each name or item searched. Payment by check or money order must be enclosed. Please do not send cash through the mail.

Name, address, and phone number of the person requesting the search:

CERTIFICATE OF SEARCH

The undersigned clerk hereby certifies the following results of a diligent search of the records of the court: [Check only the items for which a search was requested and a fee paid.] A. Bankruptcy Cases: □ None found. □ Case filed on (date).

□ Voluntary □ Involuntary □ Pending □ Closed on (date).

□ Discharge granted on (date).

B. Adversary Proceedings: □ None found. □ Subject is a party to the following proceeding: (Plaintiff) v. (Defendant) Adversary Proceeding No. , filed on (date).

□ Pending □ Closed on (date). Disposition: □ Dismissed on (date).

□ Final Judgment entered on (date). Case Number of Related Bankruptcy Case ______________________

Clerk of the Bankruptcy Court

Date: By: Deputy Clerk

* This form may contain complete social-security numbers. It should not be filed electronically.

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433

B1330 (Form 1330) (12/15)

CLAIMS REGISTER Page No.

NAME OF DEBTOR CASE NUMBER

NAME AND ADDRESS OF CLAIMANT

(AND NAME AND ADDRESS OF ATTORNEY, IF ANY) AMOUNT OF

CLAIMS FILED AND ALLOWED

REMARKS

CLAIM NO. FILED $

DATE FILED ALLOWED $

CLAIM NO. FILED

$


CLAIM NO. FILED

$

DATE FILED ALLOWED

$

CLAIM NO. FILED

$

DATE FILED ALLOWED

$

CLAIM NO. FILED

$

ALLOWED $

DATE FILED

CLAIM NO. FILED

$


CLAIM NO. FILED

$

DATE FILED ALLOWED

$

CLAIM NO. FILED

$

DATE FILED ALLOWED

$

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434

B2000 (Form 2000) (12/15)

UNITED STATES BANKRUPTCY COURT

REQUIRED LISTS, SCHEDULES, STATEMENTS, AND FEES Voluntary Chapter 7 Case

☐ Filing Fee of $245. If the fee is to be paid in installments or the debtor requests a waiver of the fee, the debtor must be an individual and must file a signed application for court approval. Official Form 103A or 103B and Fed.R.Bankr.P. 1006(b), (c). ☐ Administrative fee of $75 and trustee surcharge of $15. If the debtor is an individual and the court grants the debtor’s request, these fees are payable in installments or may be waived. ☐ Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101) or Voluntary Petition for Non-Individuals Filing for Bankruptcy (Official Form 201); Names and addresses of all creditors of the debtor. Must be filed WITH the petition. Fed.R.Bankr.P. 1007(a)(1). ☐ Notice to Individual Debtor with Primarily Consumer Debts under 11 U.S.C. § 342(b) (Director’s Form 2010), if applicable. Required if the debtor is an individual with primarily consumer debts. The notice must be GIVEN to the debtor before the petition is filed. Certification that the notice has been given must be FILED with the petition or within 15 days. 11 U.S.C. §§ 342(b), 521(a)(1)(B)(iii), 707(a)(3). Official Form 101 contains spaces for the certification. ☐ Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119). Required if a “bankruptcy petition preparer” prepares the petition. Must be submitted WITH the petition. 11 U.S.C. § 110(b)(2). ☐ Statement About Your Social Security Numbers (Official Form 121). Required if the debtor is an individual. Must be submitted WITH the petition. Fed.R.Bankr.P. 1007(f). ☐ Credit Counseling Requirement (Official Form 101); Certificate of Credit Counseling and Debt Repayment Plan, if applicable; Section 109(h)(3) certification or § 109(h)(4) request, if applicable. If applicable, the Certificate of Credit Counseling and Debt Repayment Plan must be filed with the petition or within 14 days. If applicable, the § 109(h)(3) certification or the § 109(h)(4) request must be filed WITH the petition. Fed.R.Bankr.P. 1007(b)(3), (c). ☐ Statement disclosing compensation paid or to be paid to a “bankruptcy petition preparer” (Director's Form 2800). Required if a “bankruptcy petition preparer” prepares the petition. Must be submitted WITH the petition. 11 U.S.C. §110(h)(2). ☐ Statement of Your Current Monthly Income (Official Form 122A). Required if the debtor is an individual. Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Schedules of assets and liabilities (Official Forms 106 or 206). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b),(c). ☐ Schedule of Executory Contracts and Unexpired Leases (Schedule G of Official Form 106 or 206). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Schedules of Your Income and Your Expenses (Schedules I and J of Official Form 106). If the debtor is an individual, Schedules I and J of Official Form 106 must be filed with the petition or within 14 days. 11 U.S.C. § 521(1) and Fed.R.Bankr.P. 1007(b), (c). ☐ Statement of financial affairs (Official Form 107 or 207). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Copies of all payment advices or other evidence of payment received by the debtor from any employer within 60 days before the filing of the petition. Required if the debtor is an individual. Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Statement of Intention for Individuals Filing Under Chapter 7 (Official Form 108). Required ONLY if the debtor is an individual and the schedules of assets and liabilities contain debts secured by property of the estate or personal property subject to an unexpired lease. Must be filed within 30 days or by the date set for the Section 341 meeting of creditors, whichever is earlier. 11 U.S.C. §§ 362(h) and 521(a)(2). ☐ Statement disclosing compensation paid or to be paid to the attorney for the debtor (Director's Form 2030). Required if the debtor is represented by an attorney. Must be filed within 14 days or any other date set by the court. 11 U.S.C. § 329 and Fed.R.Bankr.P. 2016(b). ☐ Certification About a Financial Management Course (Official Form 423), if applicable. Required if the debtor is an individual, unless the course provider has notified the court that the debtor has completed the course. Must be filed within 60 days of the first date set for the meeting of creditors. 11 U.S.C. § 727(a)(11) and Fed.R.Bankr.P. 1007(b)(7), (c).

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435

B2000 (Form 2000) (12/15)

* Amount subject to adjustment on 4/01/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment.

REQUIRED LISTS, SCHEDULES, STATEMENTS, AND FEES Voluntary Chapter 11 Case

☐ Filing fee of $1,167. If the fee is to be paid in installments, the debtor must be an individual and must file a signed application for court approval. Official Form 103A and Fed.R.Bankr.P. 1006(b). ☐ Administrative fee of $550. If the debtor is an individual and the court grants the debtor’s request, this fee is payable in installments. ☐ United States Trustee quarterly fee. The debtor, or trustee if one is appointed, is required also to pay a fee to the United States trustee at the conclusion of each calendar quarter until the case is dismissed or converted to another chapter. The calculation of the amount to be paid is set out in 28 U.S.C. § 1930(a)(6). As authorized by 28 U.S.C. § 1930(a)(7), the quarterly fee is paid to the clerk of court in chapter 11 cases in Alabama and North Carolina. ☐ Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101) or Voluntary Petition for Non-Individuals Filing for Bankruptcy (Official Form 201); Names and addresses of all creditors of the debtor. Must be filed WITH the petition. Fed.R.Bankr.P. 1007(a)(1). ☐ Notice to Individual Debtor with Primarily Consumer Debts under 11 U.S.C. § 342(b) (Director's Form 2010), if applicable. Required if the debtor is an individual with primarily consumer debts. The notice must be GIVEN to the debtor before the petition is filed. Certification that the notice has been given must be FILED with the petition or within 15 days. 11 U.S.C. §§ 342(b), 521(a)(1)(B)(iii), 1112(e). Official Form 101 contains spaces for the certification. ☐ Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119). Required if a “bankruptcy petition preparer” prepares the petition. Must be submitted WITH the petition. 11 U.S.C. § 110(b)(2). ☐ Statement About Your Social Security Numbers (Official Form 121). Required if the debtor is an individual. Must be submitted WITH the petition. Fed.R.Bankr.P. 1007(f). ☐ Credit Counseling Requirement (Official Form 101); Certificate of Credit Counseling and Debt Repayment Plan, if applicable; Section 109(h)(3) certification or § 109(h)(4) request, if applicable. If applicable, the Certificate of Credit Counseling and Debt Repayment Plan must be filed with the petition or within 14 days. If applicable, the § 109(h)(3) certification or the § 109(h)(4) request must be filed WITH the petition. Fed.R.Bankr.P. 1007(b)(3), (c). ☐ Statement disclosing compensation paid or to be paid to a “bankruptcy petition preparer” (Director's Form 2800). Required if a “bankruptcy petition preparer” prepares the petition. Must be submitted WITH the petition. 11 U.S.C. §110(h)(2). ☐ Statement of Your Current Monthly Income (Official Form 122B). Required if the debtor is an individual. Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ For Individual Chapter 11 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims Against You and Are Not Insiders (Official Form 104) or Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims and Are Not Insiders (Official Form 204). Must be filed WITH the petition. Fed.R.Bankr.P. 1007(d). ☐ Names and addresses of equity security holders of the debtor. Must be filed with the petition or within 14 days, unless the court orders otherwise. Fed.R.Bankr.P. 1007(a)(3). ☐ Schedules of Assets and Liabilities (Official Form 106 or 206). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Schedule of Executory Contracts and Unexpired Leases (Schedule G of Official Form 106 or 206). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Schedules of Current Income and Expenditures. If the debtor is an individual, Schedules I and J of Official Form 106 must be used for this purpose. Must be filed with the petition or within 14 days. 11 U.S.C. § 521(1) and Fed.R.Bankr.P. 1007(b), (c). ☐ Statement of Financial Affairs (Official Form 107 or 207). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Copies of all payment advices or other evidence of payment received by debtor from any employer within 60 days before the filing of the petition. Required if the debtor is an individual. Must be filed WITH the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Statement disclosing compensation paid or to be paid to the attorney for the debtor (Director's Form 2030), if applicable. Required if the debtor is represented by an attorney. Must be filed within 14 days or any other date set by the court. 11 U.S.C. § 329 and Fed.R.Bankr.P. 2016(b). ☐ Certification About a Financial Management Course (Official Form 423), if applicable. Required if the debtor is an individual and § 1141(d)(3) applies, unless the course provider has notified the court that the debtor has completed the course. Must be filed no later than the date of the last payment under the plan or the filing of a motion for a discharge under § 1141(d)(5)(B). 11 U.S.C. § 1141(d)(3) and Fed.R.Bankr.P. 1007(b)(7), (c). ☐ Statement concerning pending proceedings of the kind described in § 522(q)(1), if applicable. Required if the debtor is an individual and has claimed exemptions under state or local law as described in § 522(b)(3) in excess of $155,675*. Must be filed no later than the date of the last payment made under the plan or the date of the filing of a motion for a discharge under § 1141(d)(5)(B). 11 U.S.C. § 1141(d)(5)(C) and Fed.R.Bankr.P. 1007(b)(8), (c).

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436

B2000 (Form 2000) (12/15)


REQUIRED LISTS, SCHEDULES, STATEMENTS, AND FEES

Chapter 12 Case

☐ Filing Fee of $200. If the fee is to be paid in installments, the debtor must be an individual and must file a signed application for court approval. Official Form 103A and Fed.R.Bankr.P. 1006(b). ☐ Administrative fee of $75. If the debtor is an individual and the court grants the debtor's request, this fee is payable in installments. ☐ Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101) or Voluntary Petition for Non-Individuals Filing for Bankruptcy (Official Form 201). Names and addresses of all creditors of the debtor. Must be filed WITH the petition. Fed.R.Bankr.P. 1007(a)(1). ☐ Notice to Individual Debtor with Primarily Consumer Debts under 11 U.S.C. § 342(b) (Director's Form 2010), if applicable. Required if the debtor is an individual with primarily consumer debts. The notice must be GIVEN to the debtor before the petition is filed. Certification that the notice has been given must be FILED with the court in a timely manner. 11 U.S.C. §§ 342(b), 521(a)(1)(B)(iii). Official Form 101 contains spaces for the certification. ☐ Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119). Required if a “bankruptcy petition preparer” prepares the petition. Must be submitted WITH the petition. 11 U.S.C. § 110(b)(2). ☐ Statement of Your Social Security Numbers (Official Form 121). Required if the debtor is an individual. Must be submitted WITH the petition. Fed.R.Bankr.P. 1007(f). ☐ Credit Counseling Requirement (Official Form 101); Certificate of Credit Counseling and Debt Repayment Plan, if applicable; Section 109(h)(3) certification or § 109(h)(4) request, if applicable. If applicable, the Certificate of Credit Counseling and Debt Repayment Plan must be filed with the petition or within 14 days. If applicable, the § 109(h)(3) certification or the § 109(h)(4) request must be filed WITH the petition. Fed.R.Bankr.P. 1007(b)(3), (c). ☐ Statement disclosing compensation paid or to be paid to a “bankruptcy petition preparer” (Director's Form 2800). Required if a “bankruptcy petition preparer” prepares the petition. Must be submitted WITH the petition. 11 U.S.C. §110(h)(2). ☐ Schedules of Assets and Liabilities (Official Form 106 or 206). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Schedule of Executory Contracts and Unexpired Leases (Schedule G of Official Form 106 or 206). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Schedules of Current Income and Expenditures. If the debtor is an individual, Schedule I and J of Official Form 106 must be used for this purpose. Must be filed with the petition or within 14 days. 11 U.S.C. § 521(1) and Fed.R.Bankr.P. 1007(b), (c). ☐ Statement of Financial Affairs (Official Form 107 or 207). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Copies of all payment advices or other evidence of payment received by the debtor from any employer within 60 days before the filing of the petition if the debtor is an individual. Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Statement disclosing compensation paid or to be paid to the attorney for the debtor (Director's Form 2030), if applicable. Must be filed within 14 days or any other date set by the court. 11 U.S.C. § 329 and Fed.R.Bankr.P. 2016(b). ☐ Chapter 12 Plan. Must be filed within 90 days. 11 U.S.C. § 1221. ☐ Statement concerning pending proceedings of the kind described in § 522(q)(1), if applicable. Required if the debtor is an individual and has claimed exemptions under state or local law as described in §522(b)(3) in excess of $155,675*. Must be filed no later than the date of the last payment made under the plan or the date of the filing of a motion for a discharge under § 1228(b). 11 U.S.C. § 1228(f) and Fed.R.Bankr.P. 1007(b)(8), (c).

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437

B2000 (Form 2000) (12/15)


REQUIRED LISTS, SCHEDULES, STATEMENTS, AND FEES Chapter 13 Case

☐ Filing fee of $235. If the fee is to be paid in installments, the debtor must file a signed application for court approval. Official Form 103A and Fed.R.Bankr.P. 1006(b). ☐ Administrative fee of $75. If the court grants the debtor’s request, this fee is payable in installments. ☐ Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101). Names and addresses of all creditors of the debtor. Must be filed WITH the petition. Fed.R.Bankr.P. 1007(a)(1). ☐ Notice to Individual Debtor with Primarily Consumer Debts under 11 U.S.C. § 342(b) (Director’s Form 2010), if applicable. Required if the debtor is an individual with primarily consumer debts. The notice must be GIVEN to the debtor before the petition is filed. Certification that the notice has been given must be FILED with the petition or within 15 days. 11 U.S.C. §§ 342(b), 521(a)(1)(B)(iii), 1307(c)(9). Official Form 101 contains spaces for the certification. ☐ Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119). Required if a “bankruptcy petition preparer” prepares the petition. Must be submitted WITH the petition. 11 U.S.C. § 110(b)(2). ☐ Statement of Social Security Number (Official Form 121). Must be submitted WITH the petition. Fed.R.Bankr.P. 1007(f). ☐ Credit Counseling Requirement (Official Form 101); Certificate of Credit Counseling and Debt Repayment Plan, if applicable; Section 109(h)(3) certification or § 109(h)(4) request, if applicable. If applicable, the Certificate of Credit Counseling and Debt Repayment Plan must be filed with the petition or within 14 days. If applicable, the § 109(h)(3) certification or the § 109(h)(4) request must be filed WITH the petition. Fed.R.Bankr.P. 1007(b)(3), (c). ☐ Statement disclosing compensation paid or to be paid to a “bankruptcy petition preparer” (Director's Form 2800). Required if a “bankruptcy petition preparer” prepares the petition. Must be submitted WITH the petition. 11 U.S.C. §110(h)(2). ☐ Statement of Your Current Monthly Income (Official Form 122C). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007. ☐ Schedules of Assets and Liabilities (Official Form 106). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Schedule of Executory Contracts and Unexpired Leases (Schedule G of Official Form 106). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Schedules of Current Income and Expenditures (Schedules I and J of Official Form 106). Must be filed with the petition or within 14 days. 11 U.S.C. § 521(1) and Fed.R.Bankr.P. 1007(b), (c). ☐ Statement of Financial Affairs (Official Form 107). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Copies of all payment advices or other evidence of payment received by the debtor from any employer within 60 days before the filing of the petition. Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c). ☐ Chapter 13 Plan. Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 3015. ☐ Statement disclosing compensation paid or to be paid to the attorney for the debtor (Director’s Form 2030), if applicable. Must be filed within 14 days or any other date set by the court. 11 U.S.C. § 329 and Fed.R.Bankr.P. 2016(b). ☐ Certification About a Financial Management Course (Official Form 423), if applicable. Must be filed no later than the date of the last payment made under the plan or the date of the filing of a motion for a discharge under § 1328(b), unless the course provider has notified the court that the debtor has completed the course. 11 U.S.C. § 1328(g)(1) and Fed.R.Bankr.P. 1007(b)(7), (c). ☐ Statement concerning pending proceedings of the kind described in § 522(q)(1), if applicable. Required if the debtor has claimed exemptions under state or local law as described in §522(b)(3) in excess of $155,675*. Must be filed no later than the date of the last payment made under the plan or the date of the filing of a motion for a discharge under § 1328(b). 11 U.S.C. § 1328(h) and Fed.R.Bankr.P. 1007(b)(8), (c).

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Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy (Form 2010)

This notice is for you if:

You are an individual filing for bankruptcy, and

Your debts are primarily consumer debts. Consumer debts are defined in 11 U.S.C. § 101(8) as “incurred by an individual primarily for a personal, family, or household purpose.”

The types of bankruptcy that are available to individuals

Individuals who meet the qualifications may file under one of four different chapters of the Bankruptcy Code:

Chapter 7 — Liquidation

Chapter 11 — Reorganization

Chapter 12 — Voluntary repayment plan for family farmers or fishermen

Chapter 13 — Voluntary repayment plan for individuals with regular income

You should have an attorney review your

decision to file for bankruptcy and the choice of

chapter.

Chapter 7: Liquidation

$245 filing fee $75 administrative fee + $15 trustee surcharge $335 total fee

Chapter 7 is for individuals who have financial difficulty preventing them from paying their debts and who are willing to allow their non-exempt property to be used to pay their creditors. The primary purpose of filing under chapter 7 is to have your debts discharged. The bankruptcy discharge relieves you after bankruptcy from having to pay many of your pre-bankruptcy debts. Exceptions exist for particular debts, and liens on property may still be enforced after discharge. For example, a creditor may have the right to foreclose a home mortgage or repossess an automobile.

However, if the court finds that you have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge.

You should know that even if you file chapter 7 and you receive a discharge, some debts are not discharged under the law. Therefore, you may still be responsible to pay:

most taxes;

most student loans;

domestic support and property settlement obligations;

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439

most fines, penalties, forfeitures, and criminal restitution obligations; and

certain debts that are not listed in your bankruptcy papers.

You may also be required to pay debts arising from:

fraud or theft;

fraud or defalcation while acting in breach of fiduciary capacity;

intentional injuries that you inflicted; and

death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs.

If your debts are primarily consumer debts, the court can dismiss your chapter 7 case if it finds that you have enough income to repay creditors a certain amount. You must file Chapter 7 Statement of Your Current Monthly Income (Official Form 122A–1) if you are an individual filing for bankruptcy under chapter 7. This form will determine your current monthly income and compare whether your income is more than the median income that applies in your state.

If your income is not above the median for your state, you will not have to complete the other chapter 7 form, the Chapter 7 Means Test Calculation (Official Form 122A–2).

If your income is above the median for your state, you must file a second form —the Chapter 7 Means Test Calculation (Official Form 122A–2). The calculations on the form—sometimes called the Means Test—deduct from your income living expenses and payments on certain debts to determine any amount available to pay unsecured creditors. If

your income is more than the median income for your state of residence and family size, depending on the results of the Means Test, the U.S. trustee, bankruptcy administrator, or creditors can file a motion to dismiss your case under § 707(b) of the Bankruptcy Code. If a motion is filed, the court will decide if your case should be dismissed. To avoid dismissal, you may choose to proceed under another chapter of the Bankruptcy Code.

If you are an individual filing for chapter 7 bankruptcy, the trustee may sell your property to pay your debts, subject to your right to exempt the property or a portion of the proceeds from the sale of the property. The property, and the proceeds from property that your bankruptcy trustee sells or liquidates that you are entitled to, is called exempt property. Exemptions may enable you to keep your home, a car, clothing, and household items or to receive some of the proceeds if the property is sold.

Exemptions are not automatic. To exempt property, you must list it on Schedule C: The Property You Claim as Exempt (Official Form 106C). If you do not list the property, the trustee may sell it and pay all of the proceeds to your creditors.

Chapter 11: Reorganization

$1,167 filing fee + $550 administrative fee $1,717 total fee

Chapter 11 is often used for reorganizing a business, but is also available to individuals. The provisions of chapter 11 are too complicated to summarize briefly.

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Chapter 12: Repayment plan for family farmers or fishermen

$200 filing fee + $75 administrative fee $275 total fee

Similar to chapter 13, chapter 12 permits family farmers and fishermen to repay their debts over a period of time using future earnings and to discharge some debts that are not paid.

Chapter 13: Repayment plan for individuals with regular income

$235 filing fee + $75 administrative fee $310 total fee

Chapter 13 is for individuals who have regular income and would like to pay all or part of their debts in installments over a period of time and to discharge some debts that are not paid. You are eligible for chapter 13 only if your debts are not more than certain dollar amounts set forth in 11 U.S.C. § 109.

Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them, usually using your future earnings. If the court approves your plan, the court will allow you to repay your debts, as adjusted by the plan, within 3 years or 5 years, depending on your income and other factors.

After you make all the payments under your plan, many of your debts are discharged. The debts that are not discharged and that you may still be responsible to pay include:

domestic support obligations,

most student loans,

certain taxes,

debts for fraud or theft,

debts for fraud or defalcation while acting in a fiduciary capacity,

most criminal fines and restitution obligations,

certain debts that are not listed in your bankruptcy papers,

certain debts for acts that caused death or personal injury, and

certain long-term secured debts.

Read These Important Warnings

Because bankruptcy can have serious long-term financial and legal consequences, including loss of your property, you should hire an attorney and carefully consider all of your options before you file. Only an attorney can give you legal advice about what can happen as a result of filing for bankruptcy and what your options are. If you do file for bankruptcy, an attorney can help you fill out the forms properly and protect you, your family, your home, and your possessions.

Although the law allows you to represent yourself in bankruptcy court, you should understand that many people find it difficult to represent themselves successfully. The rules are technical, and a mistake or inaction may harm you. If you file without an attorney, you are still responsible for knowing and following all of the legal requirements.

You should not file for bankruptcy if you are not eligible to file or if you do not intend to file the necessary documents.

Bankruptcy fraud is a serious crime; you could be fined and imprisoned if you commit fraud in your bankruptcy case. Making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to $250,000, or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.

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Bankruptcy crimes have serious consequences

If you knowingly and fraudulently conceal assets or make a false oath or statement under penalty of perjury—either orally or in writing—in connection with a bankruptcy case, you may be fined, imprisoned, or both.

All information you supply in connection with a bankruptcy case is subject to examination by the Attorney General acting through the Office of the U.S. Trustee, the Office of the U.S. Attorney, and other offices and employees of the U.S. Department of Justice.

Make sure the court has your mailing address

The bankruptcy court sends notices to the mailing address you list on Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101). To ensure that you receive information about your case, Bankruptcy Rule 4002 requires that you notify the court of any changes in your address.

A married couple may file a bankruptcy case together—called a joint case. If you file a joint case and each spouse lists the same mailing address on the bankruptcy petition, the bankruptcy court generally will mail you and your spouse one copy of each notice, unless you file a statement with the court asking that each spouse receive separate copies.

Understand which services you could receive from credit counseling agencies

The law generally requires that you receive a credit counseling briefing from an approved credit counseling agency. 11 U.S.C. § 109(h). If you are filing a joint case, both spouses must receive the briefing. With limited exceptions, you must receive it within the 180 days before you file your bankruptcy petition. This briefing is usually conducted by telephone or on the Internet.

In addition, after filing a bankruptcy case, you generally must complete a financial management instructional course before you can receive a discharge. If you are filing a joint case, both spouses must complete the course.

You can obtain the list of agencies approved to provide both the briefing and the instructional course from: http://justice.gov/ust/eo/hapcpa/ccde/cc_approved.html.

In Alabama and North Carolina, go to: http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/ApprovedCredit AndDebtCounselors.aspx.

If you do not have access to a computer, the clerk of the bankruptcy court may be able to help you obtain the list.

Warning: File Your Forms on Time Section 521(a)(1) of the Bankruptcy Code requires that you promptly file detailed information about your creditors, assets, liabilities, income, expenses and general financial condition. The court may dismiss your bankruptcy case if you do not file this information within the deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the local rules of the court.

For more information about the documents and their deadlines, go to: http://www.uscourts.gov/bkforms/bankruptcy_forms.html#procedure.

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http://justice.gov/ust/eo/hapcpa/ccde/cc_approved.html

http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/ApprovedCredit%20AndDebtCounselors.aspx



http://www.uscourts.gov/bkforms/bankruptcy_forms.html#procedure

http://www.uscourts.gov/bkforms/bankruptcy_forms.html#procedure

B2020 (Form 2020) (12/15) United States Bankruptcy Court ____________________ District of ____________________ In re _________________________ Case Number _______________________ Chapter _______________________ STATEMENT OF MILITARY SERVICE The Servicemembers’ Civil Relief Act of 2003, Pub. L. No. 108-189, provides for the temporary suspension of certain judicial proceedings or transactions that may adversely affect military servicemembers, their dependents, and others. Each party to a bankruptcy case who might be eligible for relief under the act should complete this form and file it with the Bankruptcy Court. IDENTIFICATION OF SERVICEMEMBER Self (Debtor, Codebtor, Creditor, Other) Non-Filing Spouse of Debtor (name)________________________________________ Other (Name of servicemember)__________________________________________ (Relationship of filer to servicemember)_______________________________

(Type of liability) ________________________________________________ TYPE OF MILITARY SERVICE U.S. Armed Forces (Army, Navy, Air Force, Marine Corps, or Coast Guard) or commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration (specify type of service) _____________________________________________________________ Active Service since ____________________________________________(date) Inductee - ordered to report on ____________________________________________(date) Retired / Discharged ____________________________________________(date) U.S. Military Reserves and National Guard Active Service since ____________________________________________(date) Impending Active Service -orders postmarked _______________________________(date) Ordered to report on ____________________________________________(date) Retired /Discharged ____________________________________________(date) U.S. Citizen Serving with U.S. ally in war or military action (specify ally and war or action) ______________________________________________________________________ Active Service since ____________________________________________(date) Retired/Discharged ____________________________________________(date) DEPLOYMENT Servicemember deployed overseas on _______________________________________(date) Anticipated completion of overseas tour-of-duty ______________________________(date) SIGNATURE ____________________________________ ___________________________

Date ____________________________________ (print name)

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B2030 (Form 2030) (12/15)

United States Bankruptcy Court

_______________ District Of _______________ In re

Case No. ___________________

Debtor Chapter ____________________

DISCLOSURE OF COMPENSATION OF ATTORNEY FOR DEBTOR 1. Pursuant to 11 U .S.C. § 329(a) and Fed. Bankr. P. 2016(b), I certify that I am the attorney for the above

named debtor(s) and that compensation paid to me within one year before the filing of the petition in bankruptcy, or agreed to be paid to me, for services rendered or to be rendered on behalf of the debtor(s) in contemplation of or in connection with the bankruptcy case is as follows:

For legal services, I have agreed to accept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $______________

Prior to the filing of this statement I have received . . . . . . . . . . . . . . . . . . . . . . . . $______________

Balance Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $______________

2. The source of the compensation paid to me was:

Debtor Other (specify)

3. The source of compensation to be paid to me is:

Debtor Other (specify)

4. I have not agreed to share the above-disclosed compensation with any other person unless they are members and associates of my law firm.

I have agreed to share the above-disclosed compensation with a other person or persons who are not members or associates of my law firm. A copy of the agreement, together with a list of the names of the people sharing in the compensation, is attached.

5. In return for the above-disclosed fee, I have agreed to render legal service for all aspects of the bankruptcy

case, including:

a. Analysis of the debtor' s financial situation, and rendering advice to the debtor in determining whether to file a petition in bankruptcy;

b. Preparation and filing of any petition, schedules, statements of affairs and plan which may be required;

c. Representation of the debtor at the meeting of creditors and confirmation hearing, and any adjourned hearings thereof;

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B2030 (Form 2030) (12/15)

d. Representation of the debtor in adversary proceedings and other contested bankruptcy matters;

e. [Other provisions as needed] 6. By agreement with the debtor(s), the above-disclosed fee does not include the following services:

CERTIFICATION

I certify that the foregoing is a complete statement of any agreement or arrangement for payment to me for representation of the debtor(s) in this bankruptcy proceeding. ______________________ Date Signature of Attorney Name of law firm

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B2040 (Form 2040) (12/15)

United States Bankruptcy Court _______________ District Of _______________

In re Case No. _________ Debtor* Address:

Chapter __________ Last four digits of Social-Security or Individual Taxpayer- Identification (ITIN) No(s).,(if any): ________________________ Employer Tax-Identification (EIN) No(s).(if any): _________________

NOTICE OF NEED TO FILE PROOF OF CLAIM DUE TO RECOVERY OF ASSETS

NOTICE IS GIVEN THAT: The initial notice in this case instructed creditors that it was not necessary to file a proof of claim. Since that notice was sent, assets have been recovered by the trustee. Creditors who wish to share in any distribution of funds must file a proof of claim with the clerk of the bankruptcy court at the address below on or before:

Date:

Creditors who do not file a proof of claim on or before this date might not share in any distribution from the debtor’s estate. A proof of claim form may be obtained at www.uscourts.gov or any bankruptcy clerk’s office. It may be filed by regular mail. To receive acknowledgment of your filing, you may either enclose a stamped self-addressed envelope and a copy of this proof of claim or you may access the court’s PACER system (www.pacer.psc.uscourts.gov) to view your filed proof of claim. There is no fee for filing the proof of claim. Any creditor who has filed a proof of claim already need not file another proof of claim.

Address of the Bankruptcy Court

Clerk of the Bankruptcy Court

By:____________________

Deputy Clerk Date:__________________

* Set forth all names, including trade names, used by the debtor(s) within the last 8 years. For joint debtors, set forth the last four digits of both social-security numbers or individual taxpayer-identification numbers.

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B2050 (Form 2050) (12/15)


In re

Case No. _________ Debtor* Address:

Chapter __________ Last four digits of Social-Security or Individual Taxpayer- Identification (ITIN) No(s).,(if any): Employer Tax-Identification (EIN) No(s).(if any):

NOTICE TO CREDITORS AND OTHER PARTIES IN INTEREST

Notice is given that:

________________________ Clerk of the Bankruptcy Court By: ________________________ Deputy Clerk Date: ___________________ _____________________________________________________________________________ * Set forth all names, including trade names, used by the debtor(s) within the last 8 years. For joint debtors, set forth the last four digits of both social-security numbers or individual taxpayer-identification numbers.

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B2060 (Form 2060) (12/15)


In re



CERTIFICATE OF COMMENCEMENT OF CASE

I certify that on _________________________________ (date), □ the above named debtor filed a petition requesting relief

under chapter ________ of the Bankruptcy Code (title 11 of the United States Code), or

□ a petition was filed against the above named debtor under

chapter ________ of the Bankruptcy Code (title 11 of the United States Code), and

□ that as of the date below the case has not been dismissed.

________________________ Clerk of the Bankruptcy Court By: ________________________ Deputy Clerk Date: ___________________ _____________________________________________________________________________ * Set forth all names, including trade names, used by the debtor(s) within the last 8 years. For joint debtors, set forth the last four digits of both social-security numbers or individual taxpayer-identification numbers.

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B2070 (Form 2070) (12/15)


In re



CERTIFICATE OF RETENTION OF DEBTOR IN POSSESSION

I hereby certify that the above-named debtor continues in possession of its estate as debtor in possession, no trustee having been appointed.

________________________ Clerk of the Bankruptcy Court Date: __________ By: ________________________ Deputy Clerk _____________________________________________________________________________ * Set forth all names, including trade names, used by the debtor(s) within the last 8 years. For joint debtors, set forth the last four digits of both social-security numbers or individual taxpayer-identification numbers.

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B2100A (Form 2100A) (12/15)

United States Bankruptcy Court _______________ District Of _______________ In re ______________________________, Case No. ________________

TRANSFER OF CLAIM OTHER THAN FOR SECURITY A CLAIM HAS BEEN FILED IN THIS CASE or deemed filed under 11 U.S.C. § 1111(a). Transferee hereby gives evidence and notice pursuant to Rule 3001(e)(2), Fed. R. Bankr. P., of the transfer, other than for security, of the claim referenced in this evidence and notice. ______________________________________ ____________________________________ Name of Transferee Name of Transferor Name and Address where notices to transferee Court Claim # (if known): should be sent: Amount of Claim: Date Claim Filed: Phone: ______________________________ Phone: __________________________ Last Four Digits of Acct #: ______________ Last Four Digits of Acct. #: __________ Name and Address where transferee payments should be sent (if different from above): Phone: _______________________________ Last Four Digits of Acct #: _______________ I declare under penalty of perjury that the information provided in this notice is true and correct to the best of my knowledge and belief. By:__________________________________ Date:____________________________ Transferee/Transferee’s Agent Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 & 3571.

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B2100B (Form 2100B) (12/15)

United States Bankruptcy Court _______________ District Of _______________ In re ______________________________, Case No. ________________

NOTICE OF TRANSFER OF CLAIM OTHER THAN FOR SECURITY Claim No. _____ (if known) was filed or deemed filed under 11 U.S.C. § 1111(a) in this case by the alleged transferor. As evidence of the transfer of that claim, the transferee filed a Transfer of Claim Other than for Security in the clerk’s office of this court on ______ (date). Name of Alleged Transferor Name of Transferee Address of Alleged Transferor: Address of Transferee:

~~DEADLINE TO OBJECT TO TRANSFER~~ The alleged transferor of the claim is hereby notified that objections must be filed with the court within twenty-one (21) days of the mailing of this notice. If no objection is timely received by the court, the transferee will be substituted as the original claimant without further order of the court. Date:_________ ______________________________ CLERK OF THE COURT

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B2400A (Form 2400A) (12/15)

UNITED STATES BANKRUPTCY COURT__________ District of __________

In re , Case No. Debtor

Chapter

REAFFIRMATION DOCUMENTS

Name of Creditor: ______________________________________

’ Check this box if Creditor is a Credit Union

I. REAFFIRMATION AGREEMENT

Reaffirming a debt is a serious financial decision. Before entering into this ReaffirmationAgreement, you must review the important disclosures, instructions, and definitions foundin Part V of this Reaffirmation Documents packet.

1. Brief description of the original agreement being reaffirmed: _________________________ For example, auto loan

2. AMOUNT REAFFIRMED: $___________________________

The Amount Reaffirmed is the entire amount that you are agreeing to pay. Thismay include unpaid principal, interest, and fees and costs (if any) arising on orbefore the date you sign this Reaffirmation Agreement.

See the definition of “Amount Reaffirmed” in Part V.C below.

3. The ANNUAL PERCENTAGE RATE applicable to the Amount Reaffirmed is _________%.

See definition of “Annual Percentage Rate” in Part V.C below.

This is a (check one) ’ Fixed rate ’ Variable rate

If the loan has a variable rate, the future interest rate may increase or decrease from the AnnualPercentage Rate disclosed here.

Check one. ’ Presumption of Undue Hardship ’ No Presumption of Undue HardshipSee Debtor’s Statement in Support ofReaffirmation, Part II below, to determinewhich box to check.

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4. Reaffirmation Agreement Repayment Terms:

’ If fixed term, $________ per month for ________ months starting on____________.

’ If not fixed term, describe repayment terms: _______________________________.

5. Describe the collateral, if any, securing the debt:

Description: ____________________________Current Market Value $_____________

6. Did the debt that is being reaffirming arise from the purchase of the collateral describedabove?

’ Yes ’ No

If yes, what was the purchase price for the collateral? $____________If no, what was the amount of the original loan? $____________

7. Detail the changes made by this Reaffirmation Agreement to the most recent credit terms onthe reaffirmed debt and any related agreement:

Terms as of the Terms AfterDate of Bankruptcy Reaffirmation

Balance due (including fees and costs) $_________ $________Annual Percentage Rate ________% ________%Monthly Payment $__________ $________

8. ’ Check this box if the creditor is agreeing to provide you with additional future credit inconnection with this Reaffirmation Agreement. Describe the credit limit, the AnnualPercentage Rate that applies to future credit and any other terms on future purchases andadvances using such credit: _______________________________________________________________________________________________________

II. DEBTOR’S STATEMENT IN SUPPORTOF REAFFIRMATION AGREEMENT

1. Were you represented by an attorney during the course of negotiating this agreement?

Check one. ’ Yes ’ No

2. Is the creditor a credit union?

Check one. ’ Yes ’ No

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3. If your answer to EITHER question 1. or 2. above is “No” complete a. and b. below.

a.. My present monthly income and expenses are:

i. Monthly income from all sources after payroll deductions (take-home pay plus any other income) $_________

ii. Monthly expenses (including all reaffirmed debts exceptthis one) $_________

iii. Amount available to pay this reaffirmed debt (subtract ii. from i.) $_________

iv. Amount of monthly payment required for this reaffirmed debt $_________

If the monthly payment on this reaffirmed debt (line iv.) is greater than the amount you haveavailable to pay this reaffirmed debt (line iii.), you must check the box at the top of page one thatsays “Presumption of Undue Hardship.” Otherwise, you must check the box at the top of pageone that says “No Presumption of Undue Hardship.”

b. I believe this reaffirmation agreement will not impose an undue hardship on my dependentsor on me because:

Check one of the two statements below, if applicable:

’ I can afford to make the payments on the reaffirmed debt because my monthly incomeis greater than my monthly expenses even after I include in my expenses the monthlypayments on all debts I am reaffirming, including this one.

’ I can afford to make the payments on the reaffirmed debt even though my monthlyincome is less than my monthly expenses after I include in my expenses the monthlypayments on all debts I am reaffirming, including this one, because: _____________________________________________________________________________________

Use an additional page if needed for a full explanation.

4. If your answers to BOTH questions 1. and 2. above were “Yes,” check the followingstatement, if applicable:

’ I believe this reaffirmation agreement is in my financial interest and I can afford tomake the payments on the reaffirmed debt.

Also, check the box at the top of page one that says “No Presumption of Undue Hardship.”

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III. CERTIFICATION BY DEBTOR(S) AND SIGNATURES OF PARTIES

I (We) hereby certify that:

i. I (We) agree to reaffirm the debt described above.

ii. Before signing this reaffirmation agreement, I (we) read the terms disclosed in thisReaffirmation Agreement (Part I) and the Disclosure Statement, Instructions andDefinitions included in Part V below;

iii. The Debtor’s Statement in Support of Reaffirmation Agreement (Part II above) istrue and complete;

iv. I am (We are) entering into this agreement voluntarily and fully informed of my(our) rights and responsibilities; and

v. I (We) have received a copy of this completed and signed Reaffirmation Documentspacket.

SIGNATURE(S):

Date _____________ Signature ________________________________________Debtor

Date _____________ Signature ________________________________________ Joint Debtor, if any

If a joint reaffirmation agreement, both debtors must sign.

Reaffirmation Agreement Terms Accepted by Creditor:

Creditor Print Name Address

Print Name of Representative Signature Date

IV. CERTIFICATION BY DEBTOR’S ATTORNEY (IF ANY)

To be filed only if the attorney represented the debtor during the course of negotiating this agreement.

I hereby certify that: (1) this agreement represents a fully informed and voluntary agreementby the debtor; (2) this agreement does not impose an undue hardship on the debtor or anydependent of the debtor; and (3) I have fully advised the debtor of the legal effect andconsequences of this agreement and any default under this agreement.

’ A presumption of undue hardship has been established with respect to this agreement. Inmy opinion, however, the debtor is able to make the required payment.

Check box, if the presumption of undue hardship box is checked on page 1 and the creditor isnot a Credit Union.

Date __________ Signature of Debtor’s Attorney_______________________________

Print Name of Debtor’s Attorney _____________________________

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V. DISCLOSURE STATEMENT AND INSTRUCTIONS TO DEBTOR(S)

Before agreeing to reaffirm a debt, review the terms disclosed in the ReaffirmationAgreement (Part I) and these additional important disclosures and instructions.

Reaffirming a debt is a serious financial decision. The law requires you to take certain steps tomake sure the decision is in your best interest. If these steps, detailed in Part B below, are notcompleted, the reaffirmation agreement is not effective, even though you have signed it.

A. DISCLOSURE STATEMENT

1. What are your obligations if you reaffirm a debt? A reaffirmed debt remains yourpersonal legal obligation. Your reaffirmed debt is not discharged in your bankruptcycase. That means that if you default on your reaffirmed debt after your bankruptcy case isover, your creditor may be able to take your property or your wages. Your obligationswill be determined by the reaffirmation agreement, which may have changed the terms ofthe original agreement. If you are reaffirming an open end credit agreement, thatagreement or applicable law may permit the creditor to change the terms of thatagreement in the future under certain conditions.

2. Are you required to enter into a reaffirmation agreement by any law? No, you arenot required to reaffirm a debt by any law. Only agree to reaffirm a debt if it is in yourbest interest. Be sure you can afford the payments that you agree to make.

3. What if your creditor has a security interest or lien? Your bankruptcy discharge doesnot eliminate any lien on your property. A ‘‘lien’’ is often referred to as a securityinterest, deed of trust, mortgage, or security deed. The property subject to a lien is oftenreferred to as collateral. Even if you do not reaffirm and your personal liability on thedebt is discharged, your creditor may still have a right under the lien to take the collateralif you do not pay or default on the debt. If the collateral is personal property that isexempt or that the trustee has abandoned, you may be able to redeem the item rather thanreaffirm the debt. To redeem, you make a single payment to the creditor equal to thecurrent value of the collateral, as the parties agree or the court determines.

4. How soon do you need to enter into and file a reaffirmation agreement? If youdecide to enter into a reaffirmation agreement, you must do so before you receive yourdischarge. After you have entered into a reaffirmation agreement and all parts of thisReaffirmation Documents packet requiring signature have been signed, either you or thecreditor should file it as soon as possible. The signed agreement must be filed with thecourt no later than 60 days after the first date set for the meeting of creditors, so that thecourt will have time to schedule a hearing to approve the agreement if approval isrequired.

5. Can you cancel the agreement? You may rescind (cancel) your reaffirmationagreement at any time before the bankruptcy court enters your discharge, or during the60-day period that begins on the date your reaffirmation agreement is filed with the court,whichever occurs later. To rescind (cancel) your reaffirmation agreement, you mustnotify the creditor that your reaffirmation agreement is rescinded (or canceled). Remember that you can rescind the agreement, even if the court approves it, as long asyou rescind within the time allowed.

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6. When will this reaffirmation agreement be effective?

a. If you were represented by an attorney during the negotiation of yourreaffirmation agreement

i. if the creditor is not a Credit Union, your reaffirmation agreement becomeseffective upon filing with the court unless the reaffirmation is presumed to be anundue hardship in which case the agreement becomes effective only after thecourt approves it;

ii. if the creditor is a Credit Union, your reaffirmation agreement becomeseffective when it is filed with the court.

b. If you were not represented by an attorney during the negotiation of yourreaffirmation agreement, the reaffirmation agreement will not be effective unless thecourt approves it. To have the court approve your agreement, you must file a motion. See Instruction 5, below. The court will notify you and the creditor of the hearing onyour reaffirmation agreement. You must attend this hearing, at which time the judge willreview your reaffirmation agreement. If the judge decides that the reaffirmationagreement is in your best interest, the agreement will be approved and will becomeeffective. However, if your reaffirmation agreement is for a consumer debt secured by amortgage, deed of trust, security deed, or other lien on your real property, like yourhome, you do not need to file a motion or get court approval of your reaffirmationagreement.

7. What if you have questions about what a creditor can do? If you have questionsabout reaffirming a debt or what the law requires, consult with the attorney who helpedyou negotiate this agreement. If you do not have an attorney helping you, you may askthe judge to explain the effect of this agreement to you at the hearing to approve thereaffirmation agreement. When this disclosure refers to what a creditor “may” do, it isnot giving any creditor permission to do anything. The word “may” is used to tell youwhat might occur if the law permits the creditor to take the action.

B. INSTRUCTIONS

1. Review these Disclosures and carefully consider the decision to reaffirm. If you want toreaffirm, review and complete the information contained in the Reaffirmation Agreement(Part I above). If your case is a joint case, both spouses must sign the agreement if bothare reaffirming the debt.

2. Complete the Debtor’s Statement in Support of Reaffirmation Agreement (Part II above). Be sure that you can afford to make the payments that you are agreeing to make and thatyou have received a copy of the Disclosure Statement and a completed and signedReaffirmation Agreement.

3. If you were represented by an attorney during the negotiation of your ReaffirmationAgreement, your attorney must sign and date the Certification By Debtor’s Attorneysection (Part IV above).

4. You or your creditor must file with the court the original of this ReaffirmationDocuments packet and a completed Reaffirmation Agreement Cover Sheet (OfficialBankruptcy Form 427).

5. If you are not represented by an attorney, you must also complete and file with the courta separate document entitled “Motion for Court Approval of Reaffirmation Agreementunless your reaffirmation agreement is for a consumer debt secured by a lien on yourreal property, such as your home. You can use Form B2400B to do this.Page 229 of 256

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C. DEFINITIONS

1. “Amount Reaffirmed” means the total amount of debt that you are agreeing to pay(reaffirm) by entering into this agreement. The amount of debt includes any unpaid feesand costs arising on or before the date you sign this agreement that you are agreeing topay. Your credit agreement may obligate you to pay additional amounts that arise afterthe date you sign this agreement. You should consult your credit agreement to determinewhether you are obligated to pay additional amounts that may arise after the date of thisagreement.

2. “Annual Percentage Rate” means the interest rate on a loan expressed under the rulesrequired by federal law. The annual percentage Rate (as opposed to the “stated interestrate”) tells you the full cost of your credit including many of the creditor’s fees andcharges. You will find the annual percentage rate for your original agreement on thedisclosure statement that was given to you when the loan papers were signed or on themonthly statements sent to you for an open end credit account such as a credit card.

3. “Credit Union” means a financial institution as defined in 12 U.S.C. § 461(b)(1)(A)(iv).It is owned and controlled by and provides financial services to its members and typicallyuses words like “Credit Union” or initials like “C.U.” or “F.C.U.” in its name.

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B2400A/B ALT (Form 2400A/B ALT) (12/15)

UNITED STATES BANKRUPTCY COURT____________________District of___________________

In re ____________________________, Case No.__________________Debtor Chapter________________

REAFFIRMATION AGREEMENT[Indicate all documents included in this filing by checking each applicable box.]

G Part A: Disclosures, Instructions, and G Part D: Debtor’s Statement in Notice to Debtor (pages 1 - 5) Support of Reaffirmation Agreement

G Part B: Reaffirmation Agreement G Part E: Motion for Court Approval

G Part C: Certification by Debtor’s Attorney

[Note: Complete Part E only if debtor was not represented by an attorney duringthe course of negotiating this agreement. Note also: If you complete Part E, you mustprepare and file Form 2400C ALT - Order on Reaffirmation Agreement.]

Name of Creditor:______________________________________________

G [Check this box if] Creditor is a Credit Union as defined in §19(b)(1)(a)(iv) of the Federal Reserve Act

PART A: DISCLOSURE STATEMENT, INSTRUCTIONS AND NOTICE TO DEBTOR

1. DISCLOSURE STATEMENT

Before Agreeing to Reaffirm a Debt, Review These Important Disclosures:

SUMMARY OF REAFFIRMATION AGREEMENTThis Summary is made pursuant to the requirements of the Bankruptcy Code.

AMOUNT REAFFIRMED

The amount of debt you have agreed to reaffirm: $________________

The amount of debt you have agreed to reaffirm includes all fees and costs (if any) that haveaccrued as of the date of this disclosure. Your credit agreement may obligate you to pay additionalamounts which may come due after the date of this disclosure. Consult your credit agreement.

G Presumption of Undue HardshipG No Presumption of Undue Hardship

(Check box as directed in Part D: Debtor’s Statementin Support of Reaffirmation Agreement.)

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B2400A/B ALT (Form 2400A/B ALT) (12/15) 2

ANNUAL PERCENTAGE RATE

[The annual percentage rate can be disclosed in different ways, depending on the type of debt.]

a. If the debt is an extension of “credit” under an “open end credit plan,” as those termsare defined in § 103 of the Truth in Lending Act, such as a credit card, the creditor may disclosethe annual percentage rate shown in (i) below or, to the extent this rate is not readily available ornot applicable, the simple interest rate shown in (ii) below, or both.

(i) The Annual Percentage Rate disclosed, or that would have been disclosed, tothe debtor in the most recent periodic statement prior to entering into thereaffirmation agreement described in Part B below or, if no such periodicstatement was given to the debtor during the prior six months, the annualpercentage rate as it would have been so disclosed at the time of the disclosurestatement: ______%.

--- And/Or ---

(ii) The simple interest rate applicable to the amount reaffirmed as of the datethis disclosure statement is given to the debtor: __________%. If differentsimple interest rates apply to different balances included in the amountreaffirmed, the amount of each balance and the rate applicable to it are:

$ _________@ _________%; $_________ @ _________%; $_________ @ _________%.

b. If the debt is an extension of credit other than under than an open end credit plan, thecreditor may disclose the annual percentage rate shown in (I) below, or, to the extent this rate isnot readily available or not applicable, the simple interest rate shown in (ii) below, or both.

(i) The Annual Percentage Rate under §128(a)(4) of the Truth in Lending Act, asdisclosed to the debtor in the most recent disclosure statement given to the debtorprior to entering into the reaffirmation agreement with respect to the debt or, if nosuch disclosure statement was given to the debtor, the annual percentage rate as itwould have been so disclosed: _________%.

--- And/Or ---

(ii) The simple interest rate applicable to the amount reaffirmed as of the datethis disclosure statement is given to the debtor: __________%. If differentsimple interest rates apply to different balances included in the amountreaffirmed, the amount of each balance and the rate applicable to it are:

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$ _________@ _________%; $_________ @ _________%; $_________ @ _________%.

c. If the underlying debt transaction was disclosed as a variable rate transaction on themost recent disclosure given under the Truth in Lending Act:

The interest rate on your loan may be a variable interest rate which changes fromtime to time, so that the annual percentage rate disclosed here may be higher orlower.

d. If the reaffirmed debt is secured by a security interest or lien, which has not beenwaived or determined to be void by a final order of the court, the following items or types ofitems of the debtor’s goods or property remain subject to such security interest or lien inconnection with the debt or debts being reaffirmed in the reaffirmation agreement described inPart B.

Item or Type of Item Original Purchase Price or Original Amount of Loan

Optional---At the election of the creditor, a repayment schedule using one or a combination ofthe following may be provided:

Repayment Schedule:

Your first payment in the amount of $___________ is due on _________(date), but the futurepayment amount may be different. Consult your reaffirmation agreement or credit agreement, asapplicable.

— Or —

Your payment schedule will be: _________(number) payments in the amount of $___________each, payable (monthly, annually, weekly, etc.) on the __________ (day) of each ____________( week, month, etc.), unless altered later by mutual agreement in writing.

— Or — A reasonably specific description of the debtor’s repayment obligations to the extent known bythe creditor or creditor’s representative.

2. INSTRUCTIONS AND NOTICE TO DEBTOR

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Reaffirming a debt is a serious financial decision. The law requires you to take certainsteps to make sure the decision is in your best interest. If these steps are not completed, thereaffirmation agreement is not effective, even though you have signed it.

1. Read the disclosures in this Part A carefully. Consider the decision to reaffirmcarefully. Then, if you want to reaffirm, sign the reaffirmation agreement in Part B (or you mayuse a separate agreement you and your creditor agree on).

2. Complete and sign Part D and be sure you can afford to make the payments you areagreeing to make and have received a copy of the disclosure statement and a completed andsigned reaffirmation agreement.

3. If you were represented by an attorney during the negotiation of your reaffirmationagreement, the attorney must have signed the certification in Part C.

4. If you were not represented by an attorney during the negotiation of your reaffirmationagreement, you must have completed and signed Part E.

5. The original of this disclosure must be filed with the court by you or your creditor. If aseparate reaffirmation agreement (other than the one in Part B) has been signed, it must beattached.

6. If the creditor is not a Credit Union and you were represented by an attorney duringthe negotiation of your reaffirmation agreement, your reaffirmation agreement becomes effectiveupon filing with the court unless the reaffirmation is presumed to be an undue hardship asexplained in Part D. If the creditor is a Credit Union and you were represented by an attorneyduring the negotiation of your reaffirmation agreement, your reaffirmation agreement becomeseffective upon filing with the court.

7. If you were not represented by an attorney during the negotiation of your reaffirmationagreement, it will not be effective unless the court approves it. The court will notify you and thecreditor of the hearing on your reaffirmation agreement. You must attend this hearing inbankruptcy court where the judge will review your reaffirmation agreement. The bankruptcycourt must approve your reaffirmation agreement as consistent with your best interests, exceptthat no court approval is required if your reaffirmation agreement is for a consumer debt securedby a mortgage, deed of trust, security deed, or other lien on your real property, like your home.

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YOUR RIGHT TO RESCIND (CANCEL) YOUR REAFFIRMATION AGREEMENT

You may rescind (cancel) your reaffirmation agreement at any time before thebankruptcy court enters a discharge order, or before the expiration of the 60-day period thatbegins on the date your reaffirmation agreement is filed with the court, whichever occurs later.To rescind (cancel) your reaffirmation agreement, you must notify the creditor that yourreaffirmation agreement is rescinded (or canceled).

Frequently Asked Questions:

What are your obligations if you reaffirm the debt? A reaffirmed debt remains yourpersonal legal obligation. It is not discharged in your bankruptcy case. That means that if youdefault on your reaffirmed debt after your bankruptcy case is over, your creditor may be able totake your property or your wages. Otherwise, your obligations will be determined by thereaffirmation agreement which may have changed the terms of the original agreement. Forexample, if you are reaffirming an open end credit agreement, the creditor may be permitted bythat agreement or applicable law to change the terms of that agreement in the future undercertain conditions.

Are you required to enter into a reaffirmation agreement by any law? No, you are notrequired to reaffirm a debt by any law. Only agree to reaffirm a debt if it is in your best interest.Be sure you can afford the payments you agree to make.

What if your creditor has a security interest or lien? Your bankruptcy discharge does noteliminate any lien on your property. A ‘‘lien’’ is often referred to as a security interest, deed oftrust, mortgage or security deed. Even if you do not reaffirm and your personal liability on thedebt is discharged, because of the lien your creditor may still have the right to take the propertysecuring the lien if you do not pay the debt or default on it. If the lien is on an item of personalproperty that is exempt under your State’s law or that the trustee has abandoned, you may beable to redeem the item rather than reaffirm the debt. To redeem, you must make a singlepayment to the creditor equal to the amount of the allowed secured claim, as agreed by theparties or determined by the court.

NOTE: When this disclosure refers to what a creditor ‘‘may’’ do, it does not usethe word “may’’ to give the creditor specific permission. The word ‘‘may’’ isused to tell you what might occur if the law permits the creditor to take the action.If you have questions about your reaffirming a debt or what the law requires,consult with the attorney who helped you negotiate this agreement reaffirming adebt. If you don’t have an attorney helping you, the judge will explain the effectof your reaffirming a debt when the hearing on the reaffirmation agreement isheld.

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PART B: REAFFIRMATION AGREEMENT.

I (we) agree to reaffirm the debts arising under the credit agreement described below.

1. Brief description of credit agreement:

2. Description of any changes to the credit agreement made as part of this reaffirmationagreement:

SIGNATURE(S):

Borrower: Accepted by creditor:

______________________________ ______________________________

(Print Name)

______________________________(Signature)

(Printed Name of Creditor)

______________________________(Address of Creditor)

Date: ________________ ______________________________(Signature)

Co-borrower, if also reaffirming these debts: ______________________________

____________________________(Print Name)

(Printed Name and Title of IndividualSigning for Creditor)

____________________________(Signature) Date of creditor acceptance:

Date: ________________ _______________________

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PART C: CERTIFICATION BY DEBTOR’S ATTORNEY (IF ANY).

[To be filed only if the attorney represented the debtor during the course of negotiatingthis agreement.]

I hereby certify that (1) this agreement represents a fully informed and voluntaryagreement by the debtor; (2) this agreement does not impose an undue hardship on the debtor orany dependent of the debtor; and (3) I have fully advised the debtor of the legal effect andconsequences of this agreement and any default under this agreement.

G [Check box, if applicable and the creditor is not a Credit Union.] A presumption ofundue hardship has been established with respect to this agreement. In my opinion, however, thedebtor is able to make the required payment.

Printed Name of Debtor’s Attorney: _______________________________

Signature of Debtor’s Attorney: ___________________________________ Date: ______________

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PART D: DEBTOR’S STATEMENT IN SUPPORT OF REAFFIRMATION AGREEMENT

[Read and complete sections 1 and 2, OR, if the creditor is a Credit Union andthe debtor is represented by an attorney, read section 3. Sign the appropriatesignature line(s) and date your signature. If you complete sections 1 and 2and your income less monthly expenses does not leave enough to make thepayments under this reaffirmation agreement, check the box at the top of page1 indicating “Presumption of Undue Hardship.” Otherwise, check the box atthe top of page 1 indicating “No Presumption of Undue Hardship”]

1. I believe this reaffirmation agreement will not impose an undue hardship on mydependents or me. I can afford to make the payments on the reaffirmed debt because mymonthly income (take home pay plus any other income received) is $________, and my actualcurrent monthly expenses including monthly payments on post-bankruptcy debt and otherreaffirmation agreements total $________, leaving $________ to make the required paymentson this reaffirmed debt.

I understand that if my income less my monthly expenses does not leave enough tomake the payments, this reaffirmation agreement is presumed to be an undue hardship on meand must be reviewed by the court. However, this presumption may be overcome if I explainto the satisfaction of the court how I can afford to make the payments here:

.(Use an additional page if needed for a full explanation.)

2. I received a copy of the Reaffirmation Disclosure Statement in Part A and acompleted and signed reaffirmation agreement.

Signed: ____________________________________(Debtor)_____________________________________(Joint Debtor, if any)

Date: ___________________— Or —

[If the creditor is a Credit Union and the debtor is represented by an attorney]

3. I believe this reaffirmation agreement is in my financial interest. I can afford tomake the payments on the reaffirmed debt. I received a copy of the Reaffirmation DisclosureStatement in Part A and a completed and signed reaffirmation agreement.

Signed: ____________________________________(Debtor)_____________________________________(Joint Debtor, if any)

Date: ___________________

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PART E: MOTION FOR COURT APPROVAL[To be completed and filed only if the debtor is not represented by an attorney during thecourse of negotiating this agreement.]

MOTION FOR COURT APPROVAL OF REAFFIRMATION AGREEMENT

I (we), the debtor(s), affirm the following to be true and correct:

I am not represented by an attorney in connection with this reaffirmation agreement.

I believe this reaffirmation agreement is in my best interest based on the income andexpenses I have disclosed in my Statement in Support of this reaffirmation agreement, andbecause (provide any additional relevant reasons the court should consider):

Therefore, I ask the court for an order approving this reaffirmation agreement underthe following provisions (check all applicable boxes):

G 11 U.S.C. § 524(c)(6) (debtor is not represented by an attorney during thecourse of the negotiation of the reaffirmation agreement)

G 11 U.S.C. § 524(m) (presumption of undue hardship has arisen becausemonthly expenses exceed monthly income)

Signed:_______________________________(Debtor)_______________________________(Joint Debtor, if any)

Date: __________________

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B2400B (Form B2400B) (12/15)

UNITED STATES BANKRUPTCY COURT__________ District of __________

In re ____________________________, Case No.__________________ Debtor

Chapter________________

MOTION FOR APPROVAL OF REAFFIRMATION AGREEMENT

I (we), the debtor(s), affirm the following to be true and correct:

I am not represented by an attorney in connection with this reaffirmation agreement.

I believe this reaffirmation agreement is in my best interest based on the income andexpenses I have disclosed in my Statement in Support of Reaffirmation Agreement, and because(provide any additional relevant reasons the court should consider):

Therefore, I ask the court for an order approving this reaffirmation agreement under thefollowing provisions (check all applicable boxes):

G 11 U.S.C. § 524(c)(6) (debtor is not represented by an attorney during thecourse of the negotiation of the reaffirmation agreement)

G 11 U.S.C. § 524(m) (presumption of undue hardship has arisen becausemonthly expenses exceed monthly income, as explained in Part II of FormB2400A, Reaffirmation Documents)

Signed:_______________________________(Debtor)

_______________________________(Joint Debtor, if any)

Date: __________________

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B2400C (Form B2400C) (12/15)

United States Bankruptcy Court____________________District of _____________________

In re _______________________________, Case No.________________Debtor Chapter ________

ORDER ON REAFFIRMATION AGREEMENT

The debtor(s) _______________________ has (have) filed a motion for approval of thereaffirmation agreement dated _____________________ made between the debtor(s) andcreditor ___________________________. The court held the hearing required by 11 U.S.C.§ 524(d) on notice to the debtor(s) and the creditor on _____________________ (date).

COURT ORDER: G The court grants the debtor’s motion under 11 U.S.C. § 524(c)(6)(A) and approves the reaffirmation agreement described above as not imposing an undue hardship on the debtor(s) or a dependent of the debtor(s) and as being in the best interest of the debtor(s).

G The court grants the debtor’s motion under 11 U.S.C. § 524(k)(8) and approves the reaffirmation agreement described above.

G The court does not disapprove the reaffirmation agreement under 11 U.S.C. § 524(m).

G The court disapproves the reaffirmation agreement under 11 U.S.C. § 524(m).

G The court does not approve the reaffirmation agreement.

BY THE COURT

Date: __________________ _______________________________United States Bankruptcy Judge

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B2400C ALT (Form 2400C ALT) (12/15)

United States Bankruptcy Court____________________District of _____________________

In re _______________________________, Case No.________________Debtor Chapter ________

ORDER ON REAFFIRMATION AGREEMENT

The debtor(s) _______________________ has (have) filed a motion for approval of (Name(s) of debtor(s))the reaffirmation agreement dated _____________________ made between the debtor(s) and (Date of agreement) ___________________________. The court held the hearing required by 11 U.S.C. § 524(d) (Name of creditor)on notice to the debtor(s) and the creditor on _____________________.

(Date)

COURT ORDER: G The court grants the debtor’s motion under 11 U.S.C. § 524(c)(6)(A) and approves the reaffirmation agreement described above as not imposing an undue hardship on the debtor(s) or a dependent of the debtor(s) and as being in the best interest of the debtor(s).

G The court grants the debtor’s motion under 11 U.S.C. § 524(k)(8) and approves the reaffirmation agreement described above.

G The court does not disapprove the reaffirmation agreement under 11 U.S.C. § 524(m).

G The court disapproves the reaffirmation agreement under 11 U.S.C. § 524(m).

G The court does not approve the reaffirmation agreement.

BY THE COURT

Date: __________________ _______________________________United States Bankruptcy Judge

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470

Form 3180F Chapter 12 Discharge page 1

Order of Discharge IT IS ORDERED: A discharge under 11 U.S.C. § 1228(a) is granted to:

___________________________ [_________________________________]

[include all names used by each debtor, including trade names, within the 8 years prior to the filing of the petition]



This order does not close or dismiss the case.


This order means that no one may make any

attempt to collect a discharged debt from the debtors

personally. For example, creditors cannot sue,

garnish wages, assert a deficiency, or otherwise try

to collect from the debtors personally on discharged

debts. Creditors cannot contact the debtors by mail,

phone, or otherwise in any attempt to collect the

debt personally. Creditors who violate this order can

be required to pay debtors damages and attorney’s

fees.

However, a creditor with a lien may enforce a claim

against the debtors’ property subject to that lien

unless the lien was avoided or eliminated. For

example, a creditor may have the right to foreclose a

home mortgage or repossess an automobile.

This order does not prevent debtors from paying any

debt voluntarily. 11 U.S.C. § 524(f).


Most debts are covered by the discharge, but not all.

Generally, a discharge removes the debtors’

personal liability for debts provided for by the

chapter 12 plan.

In a case involving community property: Special

rules protect certain community property owned by

the debtor’s spouse, even if that spouse did not file a

bankruptcy case.






debts that the bankruptcy court has decided or will

decide are not discharged in this bankruptcy case;


Debtor 1 ______________________________________________ Last 4 digits of Social Security number or ITIN _ _ _ _

First Name Middle Name Last Name EIN _ _ - _ _ _ _ _ _ _ _

Debtor 2 ______________________________________________ Last 4 digits of Social Security number or ITIN _ _ _ _ (Spouse, if filing) First Name Middle Name Last Name

EIN _ _ - _ _ _ _ _ _ _ _

United States Bankruptcy Court for the: _________ District of ______________ (State)

Case number: ________________________


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Form 3180F Chapter 12 Discharge page 2

debts for most fines, penalties, forfeitures, or

criminal restitution obligations;


debts for certain types of loans owed to pension,

profit sharing, stock bonus, or retirement plans;

debts provided for under 11 U.S.C. § 1222(b)(5) or

(b)(9) and on which the last payment or other

transfer is due after the date on which the final

payment under the plan was due; and

debts for death or personal injury caused by

operating a vehicle while intoxicated.

In addition, this discharge does not stop creditors

from collecting from anyone else who is also liable

on the debt, such as an insurance company or a

person who cosigned or guaranteed a loan.

This information is only a general summary of a chapter 12 discharge; some exceptions exist. Because the law is complicated, you should consult an attorney to determine the exact effect of the discharge in this case.

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Form 3180FH Chapter 12 Hardship Discharge page 1

Order of Discharge IT IS ORDERED: A discharge under 11 U.S.C. § 1228(b) is granted to:

___________________________ [_________________________________]



Explanation of Bankruptcy Discharge Before Completion of a Chapter 12 Plan

The court has determined that the debtors are

entitled to a discharge pursuant to 11 U.S.C.

§ 1228(b) without completing all of the requirements

under the chapter 12 plan. A discharge pursuant to

§ 1228(b) is referred to as a “hardship discharge.”












fees.












chapter 12 plan.




bankruptcy case.










EIN _ _ - _ _ _ _ _ _ _ _


Case number: ________________________


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Form 3180FH Chapter 12 Hardship Discharge page 2








debts provided for under 11 U.S.C. § 1222(b)(5)

or (b)(9) and on which the last payment or other

transfer is due after the date on which the final

payment under the plan was due; and







This information is only a general summary of a chapter 12 hardship discharge; some exceptions exist. Because the law is complicated, you should consult an attorney to determine the exact effect of the discharge in this case.

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474

Form 3180RI Individual Chapter 11 Discharge page 1

Order of Discharge IT IS ORDERED: A discharge under 11 U.S.C. § 1141(d)(5) is granted to:

___________________________ [_________________________________]



Explanation of Bankruptcy Discharge in an Individual Chapter 11 Case












fees.












chapter 11 plan.




bankruptcy case.












EIN _ _ - _ _ _ _ _ _ _ _


Case number: ________________________


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Form 3180RI Individual Chapter 11 Discharge page 2





profit sharing, stock bonus, or retirement plans; and







This information is only a general summary of an individual chapter 11 discharge; some exceptions exist. Because the law is complicated, you should consult an attorney to determine the exact effect of the discharge in this case.

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476

Form 3180W Chapter 13 Discharge page 1

Order of Discharge IT IS ORDERED: A discharge under 11 U.S.C. § 1328(a) is granted to:

___________________________ [_________________________________]















fees.












chapter 13 plan.




bankruptcy case.





debts for certain types of taxes specified in

11 U.S.C. §§ 507(a)(8)(C), 523(a)(1)(B), or

523(a)(1)(C) to the extent not paid in full under the

plan;





EIN _ _ - _ _ _ _ _ _ _ _


Case number: ________________________


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Form 3180W Chapter 13 Discharge page 2






debts provided for under 11 U.S.C. § 1322(b)(5) and

on which the last payment or other transfer is due

after the date on which the final payment under the

plan was due;

debts for certain consumer purchases made after

the bankruptcy case was filed if obtaining the

trustee’s prior approval of incurring the debt was

practicable but was not obtained;

debts for restitution, or damages, awarded in a civil

action against the debtor as a result of malicious or

willful injury by the debtor that caused personal

injury to an individual or the death of an individual;

and







This information is only a general summary of a chapter 13 discharge; some exceptions exist. Because the law is complicated, you should consult an attorney to determine the exact effect of the discharge in this case.

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478

Form 3180WH Chapter 13 Hardship Discharge page 1

Order of Discharge IT IS ORDERED: A discharge under 11 U.S.C. § 1328(b) is granted to:

___________________________ [_________________________________]



Explanation of Bankruptcy Discharge Before Completion of a Chapter 13 Plan

The court has determined that the debtors are

entitled to a discharge pursuant to 11 U.S.C.

§ 1328(b) without completing all of the requirements

under the chapter 13 plan. A discharge pursuant to §

1328(b) is referred to as a “hardship discharge.”












fees.












chapter 13 plan.




bankruptcy case.









EIN _ _ - _ _ _ _ _ _ _ _


Case number: ________________________


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479

Form 3180WH Chapter 13 Hardship Discharge page 1









debts provided for under 11 U.S.C. § 1322(b)(5) and

on which the last payment or other transfer is due

after the date on which the final payment under the

plan was due;

debts for certain consumer purchases made after

the bankruptcy case was filed if obtaining the

trustee’s prior approval of incurring the debt was

practicable but was not obtained; and







This information is only a general summary of a chapter 13 hardship discharge; some exceptions exist. Because the law is complicated, you should consult an attorney to determine the exact effect of the discharge in this case.

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480

Form 4100N Notice of Final Cure Payment 10/15

File a separate notice for each creditor.

According to Bankruptcy Rule 3002.1(f), the trustee gives notice that the amount required to cure the prepetition default in the claim below has been paid in full and the debtor(s) have completed all payments under the plan.

Part 1: Mortgage Information

Name of creditor: ______________________________________ Court claim no. (if known): ______________


Property address:

________________________________________________ Number Street

________________________________________________

________________________________________________ City State ZIP Code

Part 2: Cure Amount

Total cure disbursements made by the trustee: Amount

a. Allowed prepetition arrearage: (a) $ __________ b. Prepetition arrearage paid by the trustee: (b) $ __________

c. Amount of postpetition fees, expenses, and charges recoverable under Bankruptcy Rule 3002.1(c): (c) $ __________ d. Amount of postpetition fees, expenses, and charges recoverable under Bankruptcy Rule 3002.1(c) and

paid by the trustee: (d) $ __________ e. Allowed postpetition arrearage: (e) $ __________ f. Postpetition arrearage paid by the trustee: + (f) $ __________

g. Total. Add lines b, d, and f. (g) $ __________

Part 3: Postpetition Mortgage Payment

Check one:

Mortgage is paid through the trustee.

Current monthly mortgage payment: $ __________

The next postpetition payment is due on: ____/_____/______ MM / DD / YYYY

Mortgage is paid directly by the debtor(s).

Debtor 1 __________________________________________________________________



Case number ___________________________________________


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Part 4: A Response Is Required By Bankruptcy Rule 3002.1(g)

Under Bankruptcy Rule 3002.1(g), the creditor must file and serve on the debtor(s), their counsel, and the trustee, within 21 days after service of this notice, a statement indicating whether the creditor agrees that the debtor(s) have paid in full the amount required to cure the default and stating whether the debtor(s) have (i) paid all outstanding postpetition fees, costs, and escrow amounts due, and (ii) consistent with § 1322(b)(5) of the Bankruptcy Code, are current on all postpetition payments as of the date of the response. Failure to file and serve the statement may subject the creditor to further action of the court, including possible sanctions.

To assist in reconciling the claim, a history of payments made by the trustee is attached to copies of this notice sent to the debtor(s) and the creditor.

__________________________________________________ Date ____/_____/________ Signature

Trustee _________________________________________________________ First Name Middle Name Last Name




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Form 4100R Response to Notice of Final Cure Payment 10/15

According to Bankruptcy Rule 3002.1(g), the creditor responds to the trustee’s notice of final cure payment.

Part 1: Mortgage Information

Name of creditor: ______________________________________ Court claim no. (if known): _________________


Property address:

________________________________________________ Number Street

_______________________________________________

________________________________________________ City State ZIP Code

Part 2: Prepetition Default Payments

Check one:

Creditor agrees that the debtor(s) have paid in full the amount required to cure the prepetition default on the creditor’s claim.

Creditor disagrees that the debtor(s) have paid in full the amount required to cure the prepetition default on the creditor’s claim. Creditor asserts that the total prepetition amount remaining unpaid as of the date of this response is:

$ __________

Part 3: Postpetition Mortgage Payment

Check one:

Creditor states that the debtor(s) are current with all postpetition payments consistent with § 1322(b)(5) of the Bankruptcy Code, including all fees, charges, expenses, escrow, and costs.

The next postpetition payment from the debtor(s) is due on: ____/_____/______ MM / DD / YYYY

Creditor states that the debtor(s) are not current on all postpetition payments consistent with § 1322(b)(5) of the Bankruptcy Code, including all fees, charges, expenses, escrow, and costs.

Creditor asserts that the total amount remaining unpaid as of the date of this response is:

a. Total postpetition ongoing payments due: (a) $ __________

b. Total fees, charges, expenses, escrow, and costs outstanding: + (b) $ __________

c. Total. Add lines a and b. (c) $ __________ Creditor asserts that the debtor(s) are contractually obligated for the postpetition payment(s) that first became due on:

____/_____/______ MM / DD / YYYY

Debtor 1 __________________________________________________________________



Case number ___________________________________________


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Part 4: Itemized Payment History

If the creditor disagrees in Part 2 that the prepetition arrearage has been paid in full or states in Part 3 that the debtor(s) are not current with all postpetition payments, including all fees, charges, expenses, escrow, and costs, the creditor must attach an itemized payment history disclosing the following amounts from the date of the bankruptcy filing through the date of this response: all payments received; all fees, costs, escrow, and expenses assessed to the mortgage; and all amounts the creditor contends remain unpaid.

Part 5: Sign Here

The person completing this response must sign it. The response must be filed as a supplement to the creditor’s proof of claim.

Check the appropriate box::

I am the creditor.


I declare under penalty of perjury that the information provided in this response is true and correct to the best of my knowledge, information, and reasonable belief.

Sign and print your name and your title, if any, and state your address and telephone number if different from the notice address listed on the proof of claim to which this response applies.

__________________________________________________ Date ____/_____/________ Signature

Print _________________________________________________________ Title ___________________________________ First Name Middle Name Last Name

Company _________________________________________________________

If different from the notice address listed on the proof of claim to which this response applies:




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B 103A (Official Form 103A) Application for Individuals to Pay the Filing Fee in Installments

B 103A

Application for Individuals to Pay the Filing Fee in Installments 12/15 Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information.

Part 1: Specify Your Proposed Payment Timetable

1. Which chapter of the Bankruptcy Code are you choosing to file under?

Chapter 7

Chapter 11

Chapter 12

Chapter 13

2. You may apply to pay the filing fee in up to four installments. Fill in the amounts you propose to pay and the dates you plan to pay them. Be sure all dates are business days. Then add the payments you propose to pay.

You must propose to pay the entire fee no later than 120 days after you file this bankruptcy case. If the court approves your application, the court will set your final payment timetable.

You propose to pay…

$_____________ With the filing of the

petition

On or before this date ........______________ MM / DD / YYYY



+ $_____________ On or before this date ........... ______________

MM / DD / YYYY

Total $______________ ◄ Your total must equal the entire fee for the chapter you checked in line 1.

Part 2: Sign Below

By signing here, you state that you are unable to pay the full filing fee at once, that you want to pay the fee in installments, and that you understand that:

You must pay your entire filing fee before you make any more payments or transfer any more property to an attorney, bankruptcy petition

preparer, or anyone else for services in connection with your bankruptcy case.

You must pay the entire fee no later than 120 days after you first file for bankruptcy, unless the court later extends your deadline. Your

debts will not be discharged until your entire fee is paid.

If you do not make any payment when it is due, your bankruptcy case may be dismissed, and your rights in other bankruptcy proceedings

may be affected.

_________________________________ ___________________________________ _______________________________________ Signature of Debtor 1 Signature of Debtor 2 Your attorney’s name and signature, if you used one

Date _________________ Date ________________ Date _________________ MM / DD / YYYY MM / DD / YYYY MM / DD / YYYY



United States Bankruptcy Court for the: __________ District of ___________




485

Order Approving Payment of Filing Fee in Installments

After considering the Application for Individuals to Pay the Filing Fee in Installments (Official Form 103A), the court orders that:

[ ] The debtor(s) may pay the filing fee in installments on the terms proposed in the application.

[ ] The debtor(s) must pay the filing fee according to the following terms:


$_____________

_____________ Month / day / year

$_____________ _____________

Month / day / year

$_____________ _____________

Month / day / year

+ $_____________ _____________

Month / day / year

Total

$_____________

Until the filing fee is paid in full, the debtor(s) must not make any additional payment or transfer any additional property to an attorney or to anyone else for services in connection with this case.




United States Bankruptcy Court for the: __________ District of ___________


Chapter filing under: Chapter 7 Chapter 11 Chapter 12 Chapter 13


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SUMMARY OF CHANGES MADE TO VTB LOCAL RULES EFFECTIVE 12/1/15 Generally, the only revisions made to the Local Rules were those necessary to implement the new

Official Forms and new Director’s Forms; no substantive changes were made.

The revisions include the following, with those of most substance highlighted: o changes in form numbers (e.g., Form 21 became Form 121 and its title changed to

“Statement About Your Social Security Numbers,” o increase in threshold value of asset that requires separate listing on asset list: up from $500

to $1,500 [Vt.LBR 1007-1(a)(1)], o version of Official Form to use when amending schedules/lists that were first filed before,

Dec 1, 2015 vs. Official Form to use when amending schedules/lists that were first filed after Dec 1, 2015[Vt.LBR 1009-1(a)&(b)],

o revised procedure for debtors who filed for bankruptcy relief after a state ct jmt of eviction was issued [Vt.LBR 4001-2(a)(1)],

o revised procedural requirements for a temporary and permanent waiver of the § 109(h) credit counseling requirement [Vt.LBR 4002-1(b)(1)&(2)],

o modification of tax return filing requirement for small biz Ds [Vt.LBR 4002-3(e)], o revised procedural requirements for a temporary and permanent waiver of the § 109(h)

financial management course requirement [Vt.LBR 4004-2(a)(4)], o version of form to file for reaf agmts – date of bk filing controls [Vt.LBR 4008-1(a)(2)], o new address and hours for filing of docs w/ the bankruptcy clerk [Vt.LBR 5001-2(a)&(b)], o attorney bar numbers: when required, state bar number sufficient [Vt.LBR 5005-2(b)], and o requirement to use current official and local forms w/o deletion or modification [Vt.LBR

5005-2(f)].

RELATED LOCAL RULE UPDATES: 2 NEW CLERK’S ANNOUNCEMENTS*

Clerk’s Announcement 15-105: No VIT access after January 1, 2016 Clerk’s Announcement 15-106: Right to file documents by fax expires Jan 1, 2016;

rule re e-mail filing changed to eliminate for pre-filing approval __________ * standing orders will be issued before the end of Dec 2015, to implement these Clerk’s Announcements

487

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2012- Revised in November 2015 to comport with changes to Official Bankruptcy Forms effective December 1, 2015

Formatted: Font color: Red

Formatted: Font: Italic, Font color: Red

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TABLE OF CONTENTS

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VT. LBR 1002-1. PETITION – GENERALLY .................................................................. 1 (a) Electronic Filings of Petition. .......................................................................................................... 1 (b) Original Petition and Schedules to be Brought to § 341 Meeting. ............................................... 1 (c) Fax Filings. ........................................................................................................................................ 1 (d) E-Mail Filings. .................................................................................................................................. 1 (e) Non-Electronic Filings. .................................................................................................................... 1 (f) Corporate Resolution/LLC Authority. ........................................................................................... 2

VT. LBR 1005-1. PETITION – CAPTION ........................................................................ 2

VT. LBR 1006-1. FEES – RESTRICTIONS ON DEBTORS; INSTALLMENT PAYMENTS; WAIVER OF FILING FEE ........................................................................... 2

(a) Restrictions on Debtors. ................................................................................................................... 2 (b) Installment Payments. ...................................................................................................................... 2 (c) Waiver of Filing Fee. ........................................................................................................................ 2

VT. LBR 1007-1. LISTS, SCHEDULES, STATEMENTS, & OTHER DOCUMENTS; TIME LIMITS ...................................................................................................................... 2

(a) Schedules of Assets in All Chapters. ............................................................................................... 2 (1) All Assets Must be Disclosed. ........................................................................................................ 2 (2) Business Inventory or Equipment. .................................................................................................. 3

(b) Schedules of Debts in All Chapters ................................................................................................. 3 (c) Motion to Enlarge Time ................................................................................................................... 3 (d) Payment Advices Cover Sheet ......................................................................................................... 3 (e) Certificate from Approved Nonprofit Budget and Credit Counseling Agency Regarding Pre-

Petition Credit Counseling. ............................................................................................................. 3 (f) Official Form 121, Statement of About Your Debtor’s Social Security Number(s). .................. 3 (g) Definition of “Submitted.” ............................................................................................................... 4 (h) Debtor’s Affidavit to be Filed in Chapter 11 Case. ....................................................................... 4 (i) Additional Information Required if a Business Continues Operating. ....................................... 4 (j) When to File Additional Business Information. ............................................................................ 5 (k) Waiver of Requirements. ................................................................................................................. 5 (l) Chapter 13 Wage Withholding ....................................................................................................... 5

VT. LBR 1007-2. DISMISSAL FOR FAILURE TO FILE REQUISITE DOCUMENTS ... 5

VT. LBR 1007-3. MAILING LIST ...................................................................................... 6 (a) Master Mailing List. ......................................................................................................................... 6 (b) Additional Mailing List in Cases Filed Under Chapter 9 or Chapter 11 .................................... 7 (c) Formatting Generally. ..................................................................................................................... 7 (d) Formatting for Cases Filed Electronically ..................................................................................... 7

VT. LBR 1007-4. OTHER DOCUMENTS REQUIRED .................................................... 7

VT. LBR 1009-1. AMENDMENTS TO LISTS AND SCHEDULES ................................. 8 (a) Amendments Generally. .................................................................................................................. 8 (b) Form of Amendment. ....................................................................................................................... 8

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(h) Conditional Relief from Stay. ........................................................................................................ 53

VT. LBR 4001-2. AUTOMATIC STAY – DEBTOR’S ASSERTION OF EXCEPTION FOR LEASE OF RESIDENTIAL PROPERTY UNDER § 362(L) ................................... 53

(a) Filing Initial Certification .............................................................................................................. 53 (b) Clerk’s Notification upon Receipt of Certification #1Official Form 101A. ............................. 54 (c) Lessor’s Consent, Objection, or Non-Response to Certification #1Official Form 101A. ....... 54 (d) Certification #2Official Form 101B ............................................................................................. 55 (e) Lessor’s Objection to Certification #2Official Form 101B. ....................................................... 55 (f) Debtor’s Failure to File CertificationsOfficial Form 101A or 101B .......................................... 55

VT. LBR 4001-3. AUTOMATIC STAY – CONTINUATION; IMPOSITION; VERIFICATION ................................................................................................................ 55

(a) Motion for Continuation of Automatic Stay. ............................................................................... 55 (b) Motion for Imposition of Automatic Stay .................................................................................... 56 (c) Motion for Verification that Automatic Stay Is Not in Effect. ................................................... 56

VT. LBR 4001-4. CASH COLLATERAL ........................................................................ 56 (a) Motion Contents ............................................................................................................................. 56 (b) Interim Hearing on Use of Cash Collateral. ................................................................................ 56 (c) Final Hearing on Use of Cash Collateral. ..................................................................................... 56 (d) Stipulation for Use of Cash Collateral. ......................................................................................... 57

VT. LBR 4001-5. OBTAINING CREDIT ......................................................................... 57 (a) Generally. ........................................................................................................................................ 57 (b) Purchase of a Motor Vehicle During a Chapter 13 Case. ........................................................... 57

(1) Request for $15,000 or Less ......................................................................................................... 57 (2) Request for More than $15,000 or Where the Chapter 13 Trustee Declines to Approve Borrowing

...................................................................................................................................................... 57 (c) Extraordinary Expenditure to Support Health and General Welfare During a Chapter 13

Case .................................................................................................................................................. 58 (1) Request for $5,000 or Less ........................................................................................................... 58 (2) Request for Greater than $5,000 or Where the Chapter 13 Trustee Declines to Approve

Borrowing ..................................................................................................................................... 58

VT. LBR 4001-6. USE, SALE OR LEASE OF PROPERTY ......................................... 58

VT. LBR 4001-7. MORTGAGE MEDIATION PROGRAM ............................................ 58

VT. LBR 4002-1. DEBTOR’S DUTIES – GENERALLY................................................ 64 (a) Filing Certificate from Approved Nonprofit Budget and Credit Counseling Agency. ............ 64 (b) Waiver of § 109(h)(1) Requirement. ............................................................................................. 64

(1) Temporary Waiver. ....................................................................................................................... 64 (2) Permanent Waiver. ........................................................................................................................ 65

(c) Filing Payment Advice Cover Sheet. ............................................................................................ 65 (d) Document Production at § 341 Meeting of Creditors. ................................................................ 65 (e) Chapter 11 Debtor’s Books and Records. .................................................................................... 67 (f) Chapter 11 Debtor’s Monthly Operating Reports. ..................................................................... 67

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(g) United States Trustee Operating Guidelines ............................................................................... 67

VT. LBR 4002-2. DEBTOR’S DUTIES – FURTHER REQUIREMENTS REGARDING TAX RETURNS ................................................................................................................ 67

(a) Creditor’s Request for Tax Return .............................................................................................. 67 (b) Debtor’s Response to Request for Tax Return. .......................................................................... 67

(1) Compliance ................................................................................................................................... 67 (2) Objection. ...................................................................................................................................... 67 (3) Consequences of Failure to Respond; Motion to Compel. ........................................................... 68

(c) Request that a Debtor File Tax Returns with Court. ................................................................. 68 (d) Request for Access to Tax Returns Filed with Court. ................................................................ 68

VT. LBR 4002-3. DEBTOR’S DUTIES – CONSEQUENCES OF FAILURE TO FILE REQUISITE DOCUMENTS ............................................................................................. 69

(a) Motion Requesting Dismissal under § 521 ................................................................................... 69 (b) Service of § 521(i)(2) Motion to Dismiss. ...................................................................................... 69 (c) Objection to § 521(i)(2) Motion to Dismiss................................................................................... 69 (d) Case Trustee’s § 521(i)(4) Motion to Prevent Dismissal. ............................................................ 69 (e) Sequence of Adjudicating Multiple Motions to Dismiss ............................................................. 69

VT. LBR 4002-4. CURRENT CONTACT INFORMATION ............................................ 69 (a) Debtors ............................................................................................................................................ 69 (b) Pro Se Parties .................................................................................................................................. 70

VT. LBR 4003-1. EXEMPTIONS .................................................................................... 70

VT. LBR 4003-2. AVOIDING JUDICIAL LIENS THAT IMPAIR AN EXEMPTION ...... 70 (a) Motion to Avoid a Lien under § 522(f). ........................................................................................ 70 (b) Identification of Liens Subject to Avoidance in a Chapter 12 or 13 Plan. ................................ 70 (c) Orders Granting Motions to Avoid Liens. ................................................................................... 71

VT. LBR 4004-2. DISCHARGES .................................................................................... 71 (a) Official Form 423 Required to be Filed Before Entry of Discharge .......................................... 71

(1) Deadline for Filing Official Form 423 .......................................................................................... 72 (2) Motion to Enlarge Filing Deadline ............................................................................................... 72 (3) Motion to Reopen Case to Enlarge Time for Filing of Official Form 423 and Enter Discharge .. 72

(b) Certification of Compliance and Motion for Entry of Discharge Order in Chapter 12 Case . 72 (c) Certification of Compliance and Motion for Entry of Discharge Order in Chapter 13 Case . 73 (d) Entry of Discharge in Chapter 12 and 13 Cases. ......................................................................... 75 (e) Request for Early Entry of Discharge in Chapter 12 and 13 Cases. .......................................... 75 (f) Sua Sponte Denial of Discharge ..................................................................................................... 75

VT. LBR 4008-1. REAFFIRMATIONS ........................................................................... 75 (a) General Requirements ................................................................................................................... 75 (b) Separate Certification Required ................................................................................................... 75 (c) Additional Requirement When Debtor Identifies a Third Party as Additional Source of

Funds. .............................................................................................................................................. 76

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(d) Hearing on Motion for Approval of Reaffirmation Agreement ................................................. 76 (e) Circumstance When Motion and Order Not Required. ............................................................. 77 (f) Presumed Unenforceability for Non-Compliance. ..................................................................... 77 (g) Motion to Defer Entry of Discharge ............................................................................................ 77 (h) Motion to Vacate Discharge ......................................................................................................... 77

VT. LBR 4070-1. INSURANCE ...................................................................................... 77

VT. LBR 4071-1. VIOLATION OF THE AUTOMATIC STAY OR DISCHARGE INJUNCTION .................................................................................................................... 78

VT. LBR 5001-2. CLERK – OFFICE HOURS; LOCATION; WEBSITE ....................... 78 (a) Hours and Place for On-Site Filing and Access to Records. ....................................................... 78 (b) Mailing Address, E-Mail Address, Telephone Number, and Fax Number. .............................. 78 (c) Website. ........................................................................................................................................... 78

VT. LBR 5001-3. CLERK – PUBLIC ACCESS TO RECORDS ................................... 78 (a) Hours of Electronic Filing and Public Access to Court Electronic Records ............................. 78 (b) Request for Limiting Access to Sensitive Information. ............................................................... 78 (c) Personal Data Identifiers. .............................................................................................................. 79

(1) Requirement to Redact .................................................................................................................. 79 (2) Filer Responsible for Redacting .................................................................................................... 79 (3) Request for Redacted Information ................................................................................................ 80

VT. LBR 5003-1. CLERK – DUTY TO MAINTAIN RECORDS .................................... 80 (a) General Duty to Maintain All Records. ........................................................................................ 80 (b) Official Form 121, Statement About Yourof Social Security Numbers. ................................... 80

VT. LBR 5003-3. CLAIMS REGISTER .......................................................................... 80

VT. LBR 5003-4. REQUIREMENTS FOR SUBMITTING AND SEALING DOCUMENTS .......................................................................................................................................... 80

(a) Order Required to Seal Documents. ............................................................................................. 80 (b) Motion Required. ........................................................................................................................... 81 (c) Document for Which Sealing is Sought. ....................................................................................... 81 (d) The Effect of Electronic Filing. ..................................................................................................... 81

VT. LBR 5003-5. DEPOSIT AND INVESTMENT OF REGISTRY FUNDS .................. 81

VT. LBR 5005-1. FILING DOCUMENTS – FORMAT REQUIREMENTS .................... 82 (a) Size and Format. ............................................................................................................................. 82 (b) Identification of Attorney and Party Being Represented. .......................................................... 82 (c) Identification of Filings. ................................................................................................................. 83 (d) Affidavits. ........................................................................................................................................ 83 (e) Removed Actions. ........................................................................................................................... 83

VT. LBR 5005-2. FILING DOCUMENTS – GENERALLY ............................................ 83 (a) CM/ECF System. ............................................................................................................................ 83 (b) Consequences of Electronic Filing. ............................................................................................... 84

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(c) Official Record and Deemed Filing Date. .................................................................................... 84 (d) Filing Deadline Not Altered ........................................................................................................... 84 (e) Relief Due to Technical Failures. .................................................................................................. 84

VT. LBR 5005-3. FILING DOCUMENTS VIA THE CM/ECF SYSTEM – REGISTRATION REQUIREMENTS ............................................................................... 84

(a) Registration and Passwords for Electronic Filings. .................................................................... 84 (1) For Attorneys. ............................................................................................................................... 84 (2) For Non-Attorneys. ....................................................................................................................... 85 (3) Limited Appearance Exception. .................................................................................................... 85

(b) Waiver of Service and Notice by Mail. ......................................................................................... 85 (c) Passwords and Their Security ....................................................................................................... 85

VT. LBR 5005-4. FILING DOCUMENTS VIA OTHER ELECTRONIC MEANS........... 85 (a) Filing Documents by Fax. .............................................................................................................. 85 (b) Filing Documents by E-Mail. ......................................................................................................... 86 (c) Service of Documents on the United States Trustee. ................................................................... 86 (d) Form of Payment. ........................................................................................................................... 86

VT. LBR 5007-1. RECORD OF PROCEEDINGS AND TRANSCRIPTS; ENSURING PRIVACY IN TRANSCRIPTS .......................................................................................... 86

(a) Recording of Proceedings and Hearings. ..................................................................................... 86 (b) Audio Record of Court Hearings. ................................................................................................. 86 (c) Telephonic and Emergency Hearings. .......................................................................................... 87 (d) Official Written Transcript. .......................................................................................................... 87 (e) Procedures for Protecting Privacy. See also Vt. LBR 5001-3(c). .............................................. 87

(1) Temporary Restriction Period ....................................................................................................... 87 (2) Information Subject to Redaction ................................................................................................. 87 (3) Filing a Request for Redaction ..................................................................................................... 87 (4) Form of Redaction ........................................................................................................................ 88 (5) Request for Redaction of Other Information ................................................................................ 88 (6) Lifting of Temporary Restriction .................................................................................................. 88

(f) Parties’ Responsibilities as to Personal Data Identifiers. ........................................................... 88 (1) Limiting Solicitation of Personal Data Identifiers in Hearings. .................................................... 88 (2) Other Responsibilities .................................................................................................................. 88 (3) Sanctions. A party who causes personal data identifiers to be included in the record may be

required to ..................................................................................................................................... 88

VT. LBR 5010-1. REOPENING CASES ........................................................................ 89 (a) Generally ......................................................................................................................................... 89 (b) Motion to Reopen a Case to File Official Form 423 .................................................................... 89

VT. LBR 5070-1. COURT CALENDARS AND SCHEDULING HEARINGS ................ 89

VT. LBR 5071-1. CONTINUANCES .............................................................................. 89

VT. LBR 5072-1. COURTROOM DECORUM ............................................................... 89

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Vt. LBR 1005-1. Petition – Caption

2

(f) Corporate Resolution/LLC Authority. A voluntary petition filed by a corporation is to be accompanied by a copy of the corporate resolution or other appropriate authorization, duly attested to, authorizing the bankruptcy filing. A voluntary petition filed by a limited liability company is to be accompanied by a copy of the appropriate authorization, duly attested to, authorizing the bankruptcy filing.

See also Vt. LBR 5005-2(c) (official record and deemed filing date for all documents); Vt. LBR 9075-1(b)(1) (filing requirements related to emergency filings).

VT. LBR 1005-1. PETITION – CAPTION

The caption on the petition, including other names used, must be complete and accurate. All documents filed in the case must contain a caption containing information identical to that included in the caption on the petition. A case filed by an individual debtor should not show any corporate names in the case caption unless the relationship between the debtor and the corporation is clearly articulated in the caption (e.g., John Doe, President of ABC Corporation). Any reference to the debtor’s social security number or other identifying number must be in redacted form (e.g., for a social security number, only the last four digits should be included, such as: XXX-XX-1234). See Vt. LBR 5001-3(c) (providing instructions on redacting personal data identifiers).

VT. LBR 1006-1. FEES – RESTRICTIONS ON DEBTORS; INSTALLMENT PAYMENTS; WAIVER OF

FILING FEE

(a) Restrictions on Debtors. Debtors may not pay the petition filing fee, or any portion thereof, with their own checks or with their own credit cards. See Vt. LBR 5081-1(a).

(b) Installment Payments. Upon order of the Court approving an application, an individual debtor may pay the filing fees in installments. The debtor may make installment payments in the form of cash, certified check, bank draft, or money order only.

(c) Waiver of Filing Fee. An individual Chapter 7 debtor who cannot afford to pay the filing fee either in full at the time of filing the petition or in installments may request a waiver of payment. This request must be made on application to the Court using Official Form B103B (“Application to Have the Chapter 7 Filing Fee Waived”). The Bankruptcy Court will determine whether the debtor qualifies for a waiver of the filing fee. A waiver of the filing fee may be granted only if the debtor demonstrates: (1) income less than 150% of the official poverty line applicable for the debtor’s family size; and (2) an inability to pay the filing fee in installments. See 28 U.S.C. § 1930(f); see also Fed. R. Bankr. P. 1006(c); Vt. LBR 5081-1(f) (regarding waiver of other fees). The Official Form B103B—with related instructions—is available through a link on the Court’s website, http://www.vtb.uscourts.gov/.

VT. LBR 1007-1. LISTS, SCHEDULES, STATEMENTS, & OTHER DOCUMENTS; TIME LIMITS

(a) Schedules of Assets in All Chapters.

(1) All Assets Must be Disclosed. The debtor must list all assets in which the debtor has any interest, regardless of where the asset is located, the nature of the debtor’s interest, or whether the debtor believes the asset to be within the definition of property of the estate.

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http://www.vtb.uscourts.gov/

Vt. LBR 1007-1. Lists, Schedules, Statements, & Other Documents; Time Limits

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The debtor must describe all assets with sufficient specificity to allow for easy identification of the assets. The debtor must provide an addendum to Official Form 106 A/B or Official Form 206, separately describing and listing individual items worth more than $1,500.

(2) Business Inventory or Equipment. When business inventory or equipment is scheduled, the debtor must provide an addendum to Schedule BOfficial Form 106 A/B or Official Form 206 that includes, at a minimum, a general description, a list of present items, a brief explanation of the exact location of the item(s), the name and address of the custodian, the protection being given such property, and the amount and duration of fire and theft insurance, if any.

(b) Schedules of Debts in All Chapters. All schedules of debts filed in conjunction with a petition must be complete and include the date and nature of the consideration for each debt as required by the official forms. The debtor must list all debts, including disputed debts and debts owed to creditors whom the debtor does not expect to file proofs of claim.

(c) Motion to Enlarge Time. If a debtor files a motion to enlarge the time to file schedules and seeks to file the schedules within seven days before the initial § 341 meeting of creditors, the debtor must obtain the trustee’s consent. See also Vt. LBR 4002-1(d)(1).

(d) Payment Advices Cover Sheet. In addition to complying with the requirements of § 521(a)(1)(B)(iv), a debtor must also file the local payment advices cover sheet (Vt. LB Form B) certifying under penalty of perjury that:

(1) copies of all existing payment advices are attached to the payment advices cover sheet and indicating: (A) the total number of payment advices attached; (B) the period covered by those payment advices; and (C) the number of employers who issued those payment advices; or

(2) no payment advices are attached to the payment advices cover sheet because the debtor had no income from any employer within the 60-day period prior to the date of the filing of the petition; or

(3) some or all of the payment advices are not attached to the payment advices cover sheet together with an explanation as to why.

The physical signature of the debtor must be affixed to the payment advices cover sheet. If the case is a joint one, the joint debtor must also certify under penalty of perjury which of the three options outlined in the payment advices cover sheet applies. See also Vt. LBR 9011-4(c) (outlining signature requirements for non-attorneys).

(e) Certificate from Approved Nonprofit Budget and Credit Counseling Agency Regarding Pre-Petition Credit Counseling. See Vt. LBR 4002-1(a), (b); see also Vt. LBR 4004-2(a) (regarding filing certification evidencing completion of post-petition financial management education).

(f) Official Form 121, Statement of About YourDebtor’s Social Security Numbers. Every individual debtor must complete and verify Official Form 121, “Statement About of Debtor’s

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Vt. LBR 1007-1. Lists, Schedules, Statements, & Other Documents; Time Limits

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Your Social Security Numbers,” as required by Fed. R. Bankr. P. 1007(f). If the debtor files the bankruptcy case on paper, the debtor must submit the completed and verified Official Form 121 with the petition. If the debtor files the bankruptcy case electronically, the debtor’s attorney must retain the completed and verified Official Form 121 for at least five years in accordance with Vt. LBR 9011-1(b). If the debtor is pro se, the debtor must retain the completed Official Form 121 for at least five years in accordance with Vt. LBR 9011-2(b).

(g) Definition of “Submitted.” The term “submitted” as used in Fed. R. Bankr. P. 1007(f) and in these Rules means that the document at issue is not considered filed in the case and is not part of the case docket or the public court record.

(h) Debtor’s Affidavit to be Filed in Chapter 11 Case. All Chapter 11 debtors must file an affidavit setting forth:

(1) the nature of the debtor’s business and a concise statement of the circumstances leading to the debtor’s Chapter 11 filing;

(2) whether the case was originally filed under Chapter 7, 12, or 13 and, if so, the name and address of any trustee appointed in the case commenced under Chapter 7, 12, or 13;

(3) the names and addresses of the members of any committee organized prior to the order for relief in the Chapter 11 case, any attorney for such committee, and a brief description of the circumstances surrounding the formation of any committee and the date of its formation;

(4) the number of classes of shares of stock, debentures, or other securities of the debtor that are publicly held, and the number of holders of those interests, listing separately those held by the debtor’s officers and directors and the amounts so held;

(5) a list of all property of the debtor in the possession or custody of a custodian, public officer, mortgagee, pledgee, assignee of rents, receiver, secured creditor, or the agent of any of these entities, giving the name, address, and telephone number of each and the court, if any, in which a related proceeding is pending;

(6) the nature and present status of each action or proceeding pending or threatened against the debtor or its property, including the court and identifying number within that court, and each opposing counsel’s name, address, and telephone number, except for cases that fit within § 524(g); and

(7) a list of all the real estate owned, leased, or held under other arrangements.

(i) Additional Information Required if a Business Continues Operating. If the Chapter 11 debtor is continuing the operation of a business, the affidavit required under paragraph (h) above must also set forth:

(1) the estimated amount of weekly, bi-weekly, or monthly payroll and reimbursed expenses to employees, officers, partners, or other related individuals for the 30-day period following the filing of the Chapter 11 petition;

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Vt. LBR 1009-1. Amendments to Lists and Schedules

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VT. LBR 1009-1. AMENDMENTS TO LISTS AND SCHEDULES

(a) Amendments Generally. All amendments to lists and schedules must include the case name (as set forth on the petition), case number, and chapter. The party filing the amendment must contemporaneously serve the amendment on the Office of the United States Trustee and the case trustee, if any, as well as on any other party entitled to notice. Individual debtors must complete and attach Official Form 106Dec (Declaration About an Individual Debtor’s Schedules). Non-individual debtors must complete and attach Official Form 202 (Declaration Under Penalty of Perjury for Non-Individual Debtors).The original signature of the debtor must be affixed to the notice of amendment cover sheet filed. See Vt. LB Form C (model notice of amendment).

(b) Form to Use When Filing Amendments to Lists and Schedules. An amended list or schedule should be filed on the same form on which the original list or schedule was filed.

(1) Amending pre-December 2015 Lists and Schedules. If the debtor is amending a list or schedule that was first filed prior to December 1, 2015, the debtor (1) should indicate the changes using the version of the form that was in effect prior to December 1, 2015, and (2) must attach the local notice of amendment cover sheet and affix his/her original signature to it. See Vt. LB Form C (“Model Notice of Amendment”).

(1)(2) Amending post-December 2015 Lists and Schedules. If the debtor is amending a list or schedule that was first filed on or after December 1, 2015, the debtor must (1) indicate the changes on the version of the form that was in effect on the date the document as first filed, and (2) attach either Official Form 106Dec or Official Form 202.

(b)(c) Lists and Schedule How to Amend Lists or Schedulesment. The entire page or pages that an amendment affects should be redrafted with the amendment redlined, underlined, or boxed in, and in such manner that the amended page(s) will be complete without referring to the page or pages that have been amended; it must be clear what the document originally stated and what changes have been made. When an amendment is submitted electronically and the submitting party uses the highlight function to indicate the amendment, the party should choose yellow highlighting to ensure the amendment continues to be easily identifiable if printed.

(c)(d) Notification of New Creditors. The party making the amendment must serve a copy of the “Notice of Chapter [7, 11, or 13] Bankruptcy Case, Meeting of Creditors, and Deadlines” and the amended list or schedule on any new creditor or party in interest added and on any party or creditor whose claim or address was directly affected by the amendment, and promptly file a certificate of service with the Clerk.

(d)(e) Mailing Lists. If the debtor becomes aware of a changed address for any creditor or party in interest, or determines that it is necessary to add to or delete from a mailing list a name and/or address, the debtor must amend the mailing list as follows: (1) for an addition or change, include only the added or changed name and address in an amended mailing list;

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(2) for a deletion, place an “X” through the information to be deleted from the mailing list. The amended mailing list is to be filed together with a notice of amendment.

(e)(f) Correcting Debtor’s Social Security Number. Where the amendment is necessitated by an error in the debtor’s social security number(s), the party filing the amendment must follow these procedures:

(1) If the error affects only the first five digits of the debtor’s social security number, the debtor must:

(A) via paper copy, submit to the Clerk an “Amended Statement of Social Security Number(s)” (Form 121),along with either Official Form 106Dec or Official Form 202, reflecting the full and correct social security number, see Vt. LBR 5003-1(b);

(B) serve upon all creditors, the case trustee, and the Office of the United States Trustee the amended Form 121, reflecting the full and correct social security number; and

(C) file with the Clerk a completed certificate of service, certifying service of the amended Form 121 upon all creditors, the case trustee, and the Office of the United States Trustee. The amended Form 121 should not be attached to the certificate of service because it should not become part of the public record.

(2) If the error affects the last four digits of the debtor’s social security number, in addition to subparagraphs (1)(A) through (C) above, the debtor must also file with the Clerk an amended petition with the correct last four digits of the social security number.

VT. LBR 1015-1. JOINT ADMINISTRATION/CONSOLIDATION

(a) Case Filed by Married Debtors. An individual who may be a debtor and such individual’s spouse commencing a joint case may file a joint petition and pay one filing fee. Married debtors filing jointly must file joint schedules and a joint statement of financial affairs. If an item on a schedule or statement requires a different response from each debtor, the responses must be labeled to indicate whether the responses refer to the individual debtor or to such individual’s spouse. Each asset and liability listed on the schedules or statements of married debtors filing jointly will be considered joint in nature unless otherwise indicated. In all cases filed by an individual debtor and such individual’s spouse under § 302, the Court will presume joint administration of the case, and, in an asset case, the consolidation of the assets and liabilities, unless and until a motion is made by a party in interest to terminate the consolidation.

(b) Joint Administration of Related Cases. Unless otherwise ordered by the Court, motions for joint administration must be presented in each of the subject cases, be served on all creditors and parties in interest, and designate which of the subject cases the debtors wish to have designated as the lead case.

(1) Clerk’s Duties. Upon the entry of an order of joint administration, the Clerk will:

(A) designate one of the cases to be the lead case for purposes of docketing and filing;

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(f) Requirement to File Fee Applications. The Court, in its discretion, may order any debtor’s attorney to file a fee application in any case pending under the Bankruptcy Code and may direct disgorgement of all or part of the fee if the Court finds the fee to be unreasonable or paid in violation of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, or these Rules. See § 329.

(g) Real Estate Brokers. If approved in a retention order, a real estate broker may be paid the customary commission at closing, as defined in Vt. LBR 6004-1(e)(4), subject to disgorgement in the event the Court determines either the commission is unreasonable under the particular circumstances of the case or the estate is administratively insolvent.

(h) Scope of Duties to be Performed by Debtor’s Attorney for Flat Fee Charged. Except as provided in subsections (h)(4) and (i), the flat fee charged by a Chapter 7 or 13 debtor’s attorney will encompass the following services:

(1) In both Chapter 7 and 13 cases:

(A) analyzing the putative debtor’s financial situation, and advising and assisting the putative debtor in determining whether to file a petition under the Bankruptcy Code;

(B) preparing and filing the petition, and all required lists, schedules, and statements;

(C) filing the certificate received by the debtor from an approved nonprofit budget and credit counseling agency for pre-petition credit counseling;

(D) filing the debtor’s payment advices together with the “Payment Advices Cover Sheet” form (Vt. LB Form B);

(E) representing the debtor at the § 341 meeting of creditors;

(F) amending lists, schedules, statements, and/or other documents required to be filed with the petition to comport with developments that occurred before or at the § 341 meeting of creditors;

(G) where appropriate, preparing and filing motions under § 522(f) to avoid liens on exempt property;

(H) where appropriate, preparing and filing motions, such as motions for abandonment or to clear title to real property owned by the debtor;

(I) removing garnishments or wage assignments;

(J) compiling and forwarding to the case trustee documents required by Vt. LBR 4002-1; and

(K) preparing and filing the debtor’s certification of completion of instructional course concerning personal financial management (hereinafter, “Official Form 423”). Formatted: Font: Not Bold

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creditor checklist (Vt. LB Form Y-1), notice of conduit mortgage payment and authorization to release information to the trustee (Vt. LB Form Y-2), and the first Chapter 13 plan payment, the Chapter 13 trustee must commence disbursing Conduit Mortgage Payments to the Mortgage Creditor in the amount specified in the debtor’s Chapter 13 plan, unless the debtor has filed a motion requesting that no payments be made to the Mortgage Creditor until some future date (e.g., the filing of a proof of claim by the Mortgage Creditor, resolution of an objection to the Mortgage Creditor’s proof of claim), and the Court enters an order granting the debtor’s motion. If the Chapter 13 trustee makes payments to the Mortgage Creditor according to the Chapter 13 plan and it later becomes clear, by agreement or Court order, that the amount paid to the Mortgage Creditor was not due, either in whole or in part, the Mortgage Creditor must disgorge any such overpayments. See subparagraph (6)(B).

(B) Duty to Pay Administrative Arrearage with Pre-Petition Mortgage Arrearage. The Chapter 13 trustee will pay the amount due for Administrative Arrearage with the amount due for Pre-Petition Mortgage Arrearage.

(C) Duty Regarding Plan Payment Increases. Upon receipt of a notice of mortgage payment change (Official Bankruptcy Form B 10 (Supplement 1) Form B410S-1), pursuant to subparagraph (7)(A), the Chapter 13 trustee must:

(i) file with the Court notice of any required Chapter 13 plan payment increase;

(ii) serve a copy of such notice on the debtor and the debtor’s attorney; and

(iii)if the debtor does not object, pursuant to subparagraph (7), within 14 days of service of the notice of mortgage payment change, then the Chapter 13 trustee must file a notice of increased Chapter 13 plan payment and promptly serve notice of increased wage withholding on the entity withholding the Chapter 13 plan payment, and must commence making Conduit Mortgage Payments in the new amount on the later of the date the Chapter 13 trustee begins receiving increased Chapter 13 plan payments or the effective date of the new payment.

(D) Duty to Disburse Only Full Payments; Duty When Insufficient Funds Available. The Chapter 13 trustee must disburse payments only in an amount equal to the Regular Monthly Mortgage Payment to the Mortgage Creditor as Conduit Mortgage Payments unless the Chapter 13 trustee is disbursing a final payment due to satisfaction of claim, conversion, or dismissal. If funds in the debtor’s account with the Chapter 13 trustee are not sufficient to make a full Conduit Mortgage Payment and pay the corresponding Chapter 13 trustee’s fee, then the Chapter 13 trustee must hold such funds until the Chapter 13 trustee receives from the debtor funds sufficient to do so. In such an event, within seven days of the date the Chapter 13 trustee intended to make the Conduit Mortgage Payment, the Chapter 13 trustee must notify by email the debtor, the debtor’s attorney, and the Mortgage Creditor that there are insufficient funds to make full payment and the amount of additional funds needed to make a full payment.

(E) Duty to Specify Proper Application of Payment. The Chapter 13 trustee’s

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payments to a Mortgage Creditor must include a voucher narrative:

(i) identifying the debtor’s name, Chapter 13 case number, and the Mortgage Creditor’s account number; and

(ii) indicating how to apply each payment to the Conduit Mortgage Payment, Administrative Arrearage, and Pre-Petition Mortgage Arrearage components of the Mortgage Creditor’s allowed claim.

(F) Duties upon the Debtor’s Default. If the debtor fails to make any timely or full Chapter 13 plan payment, including the first Chapter 13 plan payment, then the Chapter 13 trustee must take the following steps:

(i) The first time the debtor fails to make a timely or full Chapter 13 plan payment, within 14 days of the default, the Chapter 13 trustee must file and serve upon the debtor, the debtor’s attorney, and the Mortgage Creditor a notice of delinquency specifying the due date and amount of the missed payment, and the amount needed to cure the plan payment default. If the debtor does not cure the default or file a motion to modify the Chapter 13 plan within 14 days of the filing of the Chapter 13 trustee’s notice, the Chapter 13 trustee must file and serve upon all parties in interest a motion to dismiss the case based upon the payment default and any other grounds the Chapter 13 trustee deems warrant dismissal of the case.

(ii) The second time the debtor fails to make a timely or full Chapter 13 plan payment, within 14 days of the default, the Chapter 13 trustee must file and serve upon all parties in interest a motion to dismiss the case, specifying that it is the second Chapter 13 plan payment default and any other grounds the Chapter 13 trustee deems warrants dismissal of the case.

(iii) Nothing in this paragraph precludes a Mortgage Creditor, or any other party in interest, from filing a motion to dismiss the case or a motion for relief from stay based upon a debtor’s default in Chapter 13 plan payments or other requirements of this paragraph, or other grounds set forth in § 1307.

(G) Duty to Declare Plan Completion Date. Within 21 days of the date the debtor has made his or her final Chapter 13 plan payment, the Chapter 13 trustee must make a docket entry identifying the Plan Completion Date.

(H) Duty to File Motion to Declare the Debtor Current at Conclusion of Case. See subparagraph (8).

(6) Duties of the Mortgage Creditor.

(A) Duty to File a Proof of Claim as Soon as Practicable. A Mortgage Creditor with a Pre-Petition Mortgage Arrearage claim is encouraged to file a proof of claim as soon as practicable after receipt of notice of the debtor’s bankruptcy filing. The Mortgage Creditor should attach to the proof of claim a mortgage proof of claim attachment (Official Bankruptcy Form B 10 (Attachment A)) Official Form 410A) to facilitate a prompt commencement of post-petition payments in the correct amount, and is

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authorized by the Court to do so or it is pertinent to a motion for relief from stay or a motion to dismiss, in which event it shall be filed as an attachment to the motion.

(F) Duty to Provide Documents to the Debtor’s Attorney and the Chapter 13 Trustee. The Mortgage Creditor must provide to the debtor’s attorney and the Chapter 13 trustee copies of all documents sent to the debtor post-petition, including correspondence, statements, payment coupons, escrow notices, and default notices, and any other documents, which disclose a change in:

(i) the name or identity of the Mortgage Creditor;

(ii) the monthly payment amount;

(iii)the interest rate or escrow requirements; or

(iv) the address to which mortgage payments are to be sent.

(G) Duty to Attach Information to Motion for Relief from Stay. A motion for relief from stay in a Conduit Mortgage Payment case must be accompanied by either a mortgage payment history summary (Vt. LB Form Y-5) setting forth the post-petition account history, or a print-out from the Chapter 13 trustee’s website showing the debtor’s Chapter 13 plan payment history, including the portion of the website report showing the date the data was last updated. If the Mortgage Creditor prevails on its motion for relief from stay, demonstrates that payments were not timely made, and a conditional or absolute order for relief is entered, the proposed order may authorize the Mortgage Creditor to collect late fees on past due payments, if the Mortgage Creditor requested that relief in the motion. See also Vt. LBR 4001-1.

(7) Post-Petition Changes and Additional Charges.

(A) Changes to Regular Monthly Mortgage Payment Amount.

(i) If the mortgage documents authorize the Mortgage Creditor to modify the Regular Monthly Mortgage Payment amount, and the Mortgage Creditor files and serves a notice of mortgage payment change (Official Bankruptcy Form B 10 (Supplement 1)Official Form B410S-1) pursuant to Fed. R. Bankr. P. 3002.1(b), then the debtor, Chapter 13 trustee, or any other party in interest shall have 14 days to file a response or objection to the notice of mortgage payment change. If no response in opposition or objection is timely filed, then the debtor is deemed to have accepted the mortgage payment change, and that amount will become the new Regular Monthly Mortgage Payment on the effective date provided in the notice of mortgage payment change.

(ii) If the plan payment will need to increase as a result of the increase in the Regular Monthly Mortgage Payment amount, the Chapter 13 trustee may arrange for the modification in withholding or bank account debit to satisfy the increase in the Regular Monthly Mortgage Payment amount. See subparagraph (5)(C).

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(iii)If a modified plan is necessary as a result of the increase in the Regular Monthly Mortgage Payment amount and the debtor has not yet filed a motion to modify, the Chapter 13 trustee shall file a request for a status conference to address how the debtor will satisfy the obligations under the plan in light of the increase in the Regular Monthly Mortgage Payment amount.

(iv) When a modified Regular Monthly Mortgage Payment amount goes into effect pursuant to subparagraph 7(A)(i), the Chapter 13 trustee may disburse the new Conduit Mortgage Payment without as of the effective date set forth in the notice of mortgage payment change, without an order of the Court.

(B) Treatment of Post-Petition Charges Incurred. If the Mortgage Creditor incurs post-petition attorney’s fees, costs, or other charges, such as property inspection fees, persistent post-petition late charges not addressed as described in subparagraph (6)(C), or other items payable by the debtor under the terms of the loan documents (hereafter, collectively “charges”), then the following requirements will apply:

(i) To collect these charges, the Mortgage Creditor shall file a notice, in compliance with Fed. R. Bankr. P. 3002.1(c), itemizing all charges, accompanied by a mortgage payment history summary (Vt. LB Form Y-5), within 180 days after the date the charge was incurred.

(ii) Not later than one year after service of the notice and mortgage payment history summary, the debtor or the Chapter 13 trustee may file a response or objection thereto.

(iii)To expedite a determination as to the allowance of the claimed charges, the Mortgage Creditor may file a motion, on notice to the debtor, the debtor’s attorney, and the Chapter 13 trustee, requesting that the additional charges be paid post-petition. In that event, the Mortgage Creditor must file a notice of post-petition mortgage fees, expenses and charges (Official Bankruptcy Form B 10 (Supplement 2)Official Form 410S-2) with a motion requesting that the debtor either amend the plan or make a separate additional payment to satisfy the allowed outstanding post-petition charges; the Mortgage Creditor may file this motion using the default procedure.

(C) Post-Petition Changes to the Name, Identity, or Address of the Mortgage Creditor. The Mortgage Creditor must notify the debtor, the debtor’s attorney, and the Chapter 13 trustee immediately upon learning of a change in the name or identity of the Mortgage Creditor payee or a change of address to which Conduit Mortgage Payments should be made, using a notice of transfer of claim (other than for security) (Vt. LB Form Y-6). The Mortgage Creditor will be precluded from seeking late fees based upon the Chapter 13 trustee’s failure to send payments to the correct party or correct address if that failure is reasonably attributable to the timing or content of the notice by the Mortgage Creditor.

(8) “Payments Current Order” at Completion, Dismissal, and Conversion of Chapter 13 Case.

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Vt. LBR 4001-2. Automatic Stay – Debtor’s Assertion of Exception for Lease of Residential Property Under § 362(l)

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at least seven days prior to the hearing, unless a shorter time is approved by the Court. See Vt. LBR 9014-1(b)(2); see also Vt. LB Form V.

(g) Order Granting Relief from Stay.

(1) Required Language in Orders Authorizing Sale of Collateral. If the order granting relief from stay authorizes sale of collateral, the order must specifically direct the secured creditor to deliver any surplus money to the case trustee promptly after the consummation of the sale and, if there is surplus money, serve the case trustee with an accounting of the sale promptly after its consummation. The order must also clearly identify the collateral that is the subject of the order granting relief from stay. Cf., e.g., paragraph (a)(1).

(2) Required Language Regarding Subordinate Lien Holders. Where other parties have subordinate liens on the subject property, the proposed order granting relief from stay shall include the following language, with identification of the subordinate lien holders:

This order also grants relief from the stay to any holder of a subordinate lien against the same property to allow such lien holder to pursue its rights, to bid at a sale, to redeem, and/or to enforce its lien in connection with any action taken by the movant against the subject property pursuant to this order. However, this Court makes no determination as to the validity, priority, or amount of the subordinate liens.

(3) Separate Order Required. Whenever relief from stay is granted, the movant must file a separate proposed order granting that relief. Relief from stay (whether absolute or conditional) is not available through an ordering paragraph in a plan confirmation order or any other order that grants other relief.

(h) Conditional Relief from Stay. If an order granting conditional relief from stay, or a stipulation of the parties for conditional relief from stay, is silent on the issue of how much time a debtor has to rebut an affidavit of default filed in furtherance of the order, then the debtor will have seven days to rebut an affidavit of default. If the order (or stipulation) provides for a different time period, then the order (or stipulation) will control.

Vt. LBR 4001-2. AUTOMATIC STAY – DEBTOR’S ASSERTION OF EXCEPTION FOR LEASE OF

RESIDENTIAL PROPERTY UNDER § 362(L)

(a) Filing Initial Certification, Official Form 101A. Where a state court judgment of eviction has been entered against a debtor pre-petition, the debtor seeks the benefit of the automatic stay with regard to that residential property, and the debtor resides in that property as of the petition date, the debtor must:

(1) file with the petition the Official Form 101A (“Initial Statement About an Eviction Judgment Against You”Certification of Prior Judgment of Eviction and of Right to Cure Pursuant to § 362(l)(5)(B)” (“certification #1”), see Vt. LB Form I-1; with the “Certification About Applicable Law and Deposit of Rent” section of the form completed.

(2) file with the petition a copy of the pre-petition judgment of eviction; and

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(3) deliver to the Clerk with the petition a deposit of one month’s rent equal to the monthly rent due under the applicable rental agreement in the form of a bank check, attorney trust account check, or money order, payable to the debtor’s lessor (i.e., the landlord).

If a debtor delivers the rent payment to the Clerk, but fails to file either a copy of the judgment of eviction or certification #1Official Form 101A, the Clerk will return the rent payment to the debtor with a notice informing the debtor that the Clerk will not accept or process the rent payment unless and until it is accompanied by the judgment of eviction and certification #1.Official Form 101A.

When a debtor’s case is filed electronically, the rent payment must be delivered to the Clerk by hand delivery, regular, first-class mail, or private courier service within three business days after filing the petition. The debtor must certify the means of delivery of the rent payment in the certification #1. If the Clerk receives the rent payment within the three-day period, the Clerk will treat the rent payment as if received with the petition, certification #1Official Form 101A, and a copy of the judgment of eviction, and will process it accordingly.

If the debtor fails to deliver the rent payment either with the petition or within three business days of filing the petition, the Clerk will make a notation on the docket of the filing deficiency. Thereafter, the Clerk will promptly serve upon both the debtor and the lessor a certified copy of the docket entry indicating the debtor’s failure to make the requisite rent deposit and indicating the applicability of the exception to the stay under § 362(b)(22). (The Clerk will not charge a fee to issue or serve these certified copies.)

(b) Clerk’s Notification upon Receipt of Certification #1Official Form 101A. When the Clerk receives a certification #1Official Form 101A together with the required copy of the judgment of eviction and the rent payment, the Clerk will:

(1) issue a notice to the lessor, stating that the Clerk has received (A) the debtor’s certification #1Official Form 101A, (B) a copy of the judgment of eviction, and (C) a rent payment, and enclose copies of each with the notice;

(2) set a deadline of seven days after service of notice to the lessor within which time the lessor may either (A) consent to the inapplicability of the stay exception under § 362(b)(22) or (B) object to an averment made by the debtor in certification #1Official Form 101A and request the entry of an order stating that the § 362(b)(22) exception does apply; and

(3) notify the lessor that if the lessor files a consent, the Clerk will promptly transmit the rent payment to the lessor.

(c) Lessor’s Consent, Objection, or Non-Response to Certification #1Official Form 101A.

(1) Consent. If a lessor files consent to a debtor’s certification in Official Form 101A#1, the consent must include a verification of the amount due for the one-month rental period and specify the address to which the lessor requests the rent payment to be sent. Upon receipt of the lessor’s consent, the Clerk will promptly transmit the rent payment to the lessor at the address provided.

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(2) Objection. If the lessor objects to any of the debtor’s averments made in the certification

#1in Official Form 101A, the Clerk will immediately set a hearing on the objection; the

hearing will be held no later than 10 days after the filing of the objection. The lessor’s

objection must specifically identify which averment(s) in the debtor’s certification #1 the

lessor disputes. If the Court overrules the lessor’s objection(s), an order will be issued

finding that the debtor is entitled to the stay; thereafter, the Clerk will promptly transmit

the rent payment to the lessor.

(3) Non-Response. If the lessor fails to file either a consent or an objection within the seven-

day period set by the Court, and unless the Court finds otherwise, the lessor will be

deemed to have waived the opportunity to object; promptly thereafter, the Clerk will

transmit the rent payment to the lessor.

(d) Certification #2Filing Second Certification, Official Form 101B. Within 30 days of filing

the petition, the debtor must file with the Clerk and serve on the lessor another certification

Official Form 101B (“Statement About Payment of an Eviction Judgment Against You”),

indicating that the debtor has cured, under applicable non-bankruptcy law, the entire

monetary default that was the basis of the issuance of the Judgment of Eviction.; this second

certification will be known as “certification #2”. See Vt. LB Form I-2. TheEviction. The

debtor’s obligation to file certification #2Official Form 101B is not affected by an objection to or the pendency of a hearing on certification #1.Official Form 101A. However, if the

lessor is a public housing entity, the debtor does not need to file Official Form 101B. See

Stolz v. Bratttleboro Hous. Auth, 315 F.3d 80 (2d Cir. 2002); In re Carpenter, 2015 WL

1956272 (Bankr. D. Vt. Apr. 29, 2015).

(e) Lessor’s Objection to Certification #2Officialto Official Form 101B. If the lessor objects

to any of the debtor’s averments made in the certification in #2Official Form 101B, the Clerk

will immediately set a hearing on the objection; the hearing will be held no later than 10 days

after the filing of the objection. The lessor’s objection must specifically identify which

averment(s) in the debtor’s certification #2 the lessor disputes.

(f) Debtor’s Failure to File CertificationsOfficial Form 101A or 101B. Where a debtor fails

to file certification #1Official Form101A with the petition or fails to file certification #2

Official Form 101B within 30 days of the filing of the petition, the Clerk will make a

notation on the docket that the document has not been filed.of the failure. Thereafter, the

Clerk will promptly serve upon the debtor and the lessor a certified copy of the docket entry

indicating the absence of a filed certificationthe form(s) and indicating the applicability of

the exception to the stay under § 362(b)(22). See also § 362(l)(4)(A). (The Clerk will not

charge a fee to issue or serve these certified copies.)

Vt. LBR 4001-3. AUTOMATIC STAY – CONTINUATION; IMPOSITION; VERIFICATION

(a) Motion for Continuation of Automatic Stay. A party in interest seeking to continue the

automatic stay pursuant to § 362(c)(3) must file a motion for that relief within 14 days of the

filing of the petition and must demonstrate that the filing of the debtor’s later case was in

good faith as to those creditors to be stayed. The movant must also contact the courtroom

deputy to schedule an evidentiary hearing with seven days’ notice. See Vt. LBR 9014-

1(b)(2). The movant must serve the motion and notice of hearing on the debtor, the debtor’s

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(1) a request for modification and affidavit or an alternative, analogous form required by the creditor;

(2) an IRS Form 4506T (with § 5 left blank);

(3) a fully completed financial worksheet for loan modification (Vt. LB MM Form #10) with all supporting information required by the worksheet;

(4) the two most recent bank statements for each account on which the debtor is a signatory (all pages; no computer printouts);

(5) the two most recently filed federal tax returns with affidavit affirming that the debtor has signed them and that these are true and correct copies of what the debtor has filed;

(6) a copy of Official Forms B106I and B106J the Schedules I & J filed with the bankruptcy petition, and, if the bankruptcy case has been pending more than 60 days, amended Official Forms B106I and B106J Schedules I & J showing income and expenses as of the date of the motion for mediation;

(7) a Dodd-Frank Certification;

(8) a debtor’s hardship letter (Vt. LB MM Form #7) specifying the circumstances pertinent to the debtor;

(9) the debtor’s most recent electric utility bill;

(10) the debtor’s current property tax bill;

(11) the debtor’s homeowner’s insurance declarations page;

(12) a contribution letter from each household member who is not liable on the loan, but has been contributing to loan payments, specifying the amount of any continuing contribution;

(13) the debtor’s payment advices representing the most recent consecutive 30-day period;

(14) if the debtor is self-employed, profit and loss statements for the last two quarters and for the year to date, and the most recent four months of business bank statements (all pages; no computer printouts);

(15) if the debtor receives social security, disability, pension, or other public assistance benefits, the award letter and the most recent benefit statement;

(16) if the debtor owns real property that the debtor rents, including rental of part of the property subject to the mediated mortgage, a copy of the current rental agreements (or an affidavit describing lease terms), a listing of monthly rental income, and two months’ canceled rent checks;

(17) if the debtor is divorced, a copy of all divorce decrees and all separation agreements signed by the debtor in the past eight years, and a copy of any quitclaim deed to the occupant spouse; and

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(B) states whether the mediation proceeded in good faith;

(C) states whether an agreement was reached; and

(D) sets a status hearing for a date shortly after the conclusion of any trial modification period, or establishes a scheduled next step necessary to move the case forward.

(g) Preclusion on Mediator Testifying. No mediator will be required to testify in any action relating to any mortgage or debt at issue in a mediation conducted pursuant to this Rule.

(h) Criteria for Eligibility as a Mediator in Bankruptcy Court Mortgage Mediations. In order to be on the panel of approved bankruptcy mediators, an attorney must meet the minimum certification requirements of the state court mediation program and have significant bankruptcy experience.

(i) Retention of Jurisdiction. This Court retains jurisdiction to interpret and enforce any agreement reached through mortgage mediation conducted pursuant to this Rule.

VT. LBR 4002-1. DEBTOR’S DUTIES – GENERALLY

(a) Filing Certificate from Approved Nonprofit Budget and Credit Counseling Agency. To comply with § 109(h), a debtor who is an individual must file with the petition:

(1) a certificate received from an approved nonprofit budget and credit counseling agency evidencing compliance with the requirements of § 109(h)(1);

(2) a certification made under penalty of perjury that, pursuant to § 109(h)(3), the debtor is seeking a temporary waiver of complying with § 109(h)(1), together with an explanation of the exigent circumstances warranting the temporary waiver, and stating that the debtor has requested the required creditor counseling services during the seven-day period beginning on the date on which the debtor made the request, see Vt. LB Form K; or

(3) a certification made under penalty of perjury that, pursuant to § 109(h)(4), the debtor is seeking a permanent waiver of complying with § 109(h)(1), together with a representation that the debtor is either incapacitated, disabled, or in active military duty in a military combat zone (as those categories are more fully defined in § 109(h)(4)). See Vt. LB Form K; see also paragraph (b), below (providing further requirements for seeking permanent waiver).

(b) Waiver of § 109(h)(1) Requirement.

(1) Temporary Waiver. In order to obtain a temporary waiver of § 109(h)(1), the debtor must attach a separate sheet to the petition, explaining what efforts the debtor made to obtain briefing about credit counseling, why the debtor was unable to obtain it before filing for bankruptcy, and what exigent circumstances required the debtor to file for bankruptcy. If a debtor files a certification seeking a temporary waiver of § 109(h)(1), the The Court may hold an expedited hearing on three business days’ notice to the parties. Where the Court grants a debtor’s request for temporary waiver, the debtor will have 30 days to file a certificate evidencing compliance with the requirements of § 109(h)(1). The debtor may move for an additional 15-day extension upon a showing of cause.

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Failure to file a certificate from an approved nonprofit budget and credit counseling agency evidencing compliance with the requirements of § 109(h)(1) within the additional time allowed by the Court subjects the debtor’s case to dismissal without further notice or hearing.

(2) Permanent Waiver. If a debtor files a certification forseeks a permanent waiver of § 109(h)(1), the debtor must also file a motion for an order granting permanent waiver of compliance with § 109(h)(1), that includes an affidavit setting forth the facts upon which the debtor relies., and attach the debtor’s certification to the motion. The debtor must serve the motion on the case trustee and all creditors, and may notice the motion under the Court’s default procedure. See Vt. LBR 9013-4(b).

(c) Filing Payment Advice Cover Sheet. See Vt. LBR 1007-1(d).

(d) Document Production at § 341 Meeting of Creditors. See also Vt. LBR 1002-1(b).

(1) If a debtor is unable to file the schedules and statements and other required documents, see subparagraphs (2)–(4), below, at least seven days before the date of the first § 341 meeting of creditors, the debtor must notify all creditors of this fact, and, with the case trustee’s consent, reschedule the § 341 meeting to the next available date, unless the debtor and the debtor’s attorney, if any, appear at the § 341 meeting.

(2) In all Chapter 7 cases, to the extent applicable, each debtor must provide the case trustee with the following documents at least seven days before the first scheduled § 341 meeting of creditors:

(A) for each residence, condominium, cooperative apartment, mobile home, lot, real property or time-share owned or set forth on the debtor’s schedules:

(i) a copy of the deed of title and all mortgage deeds showing recording information or stock certificates;

(ii) recent evidence of value (e.g., tax bill, grand list value) and copies of all appraisals performed within the last three years; and

(iii)current mortgage statements, including the pay-off amount on or near the date of filing;

(B) for each motor vehicle, snow machine, all-terrain vehicle, trailer, boat, airplane, piece of equipment or machinery, or other personal property that is titled or registered that the debtor owns or listed on the bankruptcy schedules:

(i) a copy of the current title or, if none, a copy of the current registration;

(ii) if the asset is collateral for a secured debt, the secured creditor’s most recent statement of balance due; and

(iii)a copy of the most recent appraisal or valuation;

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(C) for each bank account in which the debtor had an interest within three months prior to the filing, copies of the monthly bank statements for the three months prior to the date of the filing and through the date of filing;

(D) for each personal injury lawsuit or other lawsuit or cause of action in which the debtor has an interest, including all those set forth on Schedule BOfficial Form 106 A/B or Official 206 of the debtor’s schedules:

(i) the name and address of the attorney representing the debtor in the matter; and

(ii) a copy of the complaint and any correspondence with respect to the status of the action;

(E) copies of completed federal and state income tax returns, including all schedules and attachments, for the two years prior to the year of the filing of the bankruptcy case, see also Vt. LBR 4002-2;

(F) for all asset transfers within one year prior to the filing, any documents evidencing those transfers, including copies of the bills of sale, closing statements, deeds, or divorce decrees;

(G) for all retirement plans, annuities, or life insurance policies in which the debtor has had an interest within one year prior to filing:

(i) a statement of current value; and

(ii) statements showing all activities in each retirement plan, annuity, or insurance policy for the 12 months prior to the filing date;

(H) a copy of any decree of divorce entered within one year of the filing and any State of Vermont Form 813 “Affidavit of Income and Assets” filed during the course of the divorce proceedings, or equivalent inventory documents; and

(I) copies of all child support orders currently in effect or pending before a court.

(3) In Chapter 13 cases, each debtor must provide the Chapter 13 trustee with copies of those documents referenced in subparagraph (2), above, as well as proof of insurance on all improved real estate, mobile homes, motor vehicles, boats, or business assets, and if any of these assets are not insured, the debtor must file as well as a written statement as well, indicating which of the debtor’s assets are not insured and explaining why.

(4) The debtor must provide such additional documents (or copies thereof) as the case trustee reasonably requests and which the debtor has available.

(5) The debtor must also bring (A) a form of government-issued photo identification, and (B) the debtor’s social security card or, in the event the debtor does not have a social security card, a medical insurance card if it includes the debtor’s social security number, a recent payment advice if it includes the debtor’s social security number, a current W-2 form, a current IRS Form 1099, or an original Social Security Administration report.

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(e) Chapter 11 Debtor’s Books and Records. Upon filing a bankruptcy petition, each Chapter 11 debtor must close and preserve its present books of account and its present bank accounts. Debtors-in-possession must open and maintain new books of account showing all income, expenditures, receipts, and disbursements, and all other necessary financial information of the debtor while a debtor-in-possession, and must open and maintain new bank accounts ensuring that each such account clearly designates the account holder as a debtor-in-possession.

(f) Chapter 11 Debtor’s Monthly Operating Reports. Each Chapter 11 debtor must file original, signed monthly operating reports with the Clerk. Each Chapter 11 debtor must also provide timely paper copies, with original signatures, of monthly operating reports to the Office of the United States Trustee, unless the Office of the United States Trustee agrees to accept reports in a different format or medium.

(g) United States Trustee Operating Guidelines. A Chapter 11 debtor must comply with all operating guidelines issued by the Office of the United States Trustee, unless the Court, for good cause shown and after proper notice, modifies or waives the debtor’s obligation to do so.

VT. LBR 4002-2. DEBTOR’S DUTIES – FURTHER REQUIREMENTS REGARDING TAX RETURNS

(a) Creditor’s Request for Tax Return. A creditor may request a copy of a debtor’s federal income tax return for the most recent tax year ending immediately before the commencement of the debtor’s case. The request must:

(1) be in accordance with § 521(e)(2)(A)(ii);

(2) be made in writing, with such writing substantially conforming to the “Request for Copy of Debtor’s Tax Returns Pursuant to 11 U.S.C. § 521(e)(2)” (Vt. LB Form L-1);

(3) be made no fewer than 14 days before the § 341 meeting of creditors;

(4) contain a certificate of service indicating when and how the creditor’s request was sent to the debtor, the debtor’s attorney, if any, the joint tax filer, if the tax return is joint, the case trustee, and the Office of the United States Trustee; and

(5) be filed with the Clerk contemporaneously with service.

(b) Debtor’s Response to Request for Tax Return.

(1) Compliance. It is the debtor’s responsibility to redact all personal data identifiers in the tax return prior to delivering it to the requesting creditor. See Vt. LBR 5001-3(c). After complying with the creditor’s request for a tax return, the debtor must file a certification of compliance that substantially conforms to the “Debtor’s Certification re: Provision of Tax Returns to Creditor” (Vt. LB Form L-2).

(2) Objection. If a debtor disputes that the requesting creditor is a creditor in the debtor’s case or disputes that the requesting creditor is entitled to see the tax return, the debtor may file an objection at least seven days prior to the § 341 meeting of creditors. The

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Court will set a hearing to determine whether the debtor is required to provide the requesting creditor with a copy of the debtor’s tax return.

(3) Consequences of Failure to Respond; Motion to Compel. The debtor’s failure to either timely comply with, or object to, the request subjects the debtor’s case to dismissal. Further, where a debtor neither complies with nor objects to a creditor’s request for copies of a tax return, the requesting creditor may move to compel the debtor to supply the requested tax return. If the Court deems it necessary, the Court will hold an expedited hearing on the motion to compel on three business days’ notice to the parties. A motion to compel must include:

(A) the date of the creditor’s request, see paragraph (a), above;

(B) an affirmation made pursuant to 28 U.S.C. § 1746 that: (i) the creditor’s request was timely and in compliance with the Bankruptcy Code and Federal Rules of Bankruptcy Procedure; and (ii) the requested tax return was not received by the creditor;

(C) a description of the creditor’s status in the case;

(D) a description of the specific tax information sought;

(E) a statement that the creditor cannot obtain the information from any other source; and

(F) a statement demonstrating the creditor’s need for the tax return.

(c) Request that a Debtor File Tax Returns with Court. If, pursuant to § 521(f), a party in interest or the Office of the United States Trustee seeks to compel an individual debtor to file tax returns with the Court, that party must file a motion for that relief on notice to the debtor, the debtor’s attorney, if any, the case trustee, and the Office of the United States Trustee.

(d) Request for Access to Tax Returns Filed with Court. Any tax returns filed with the Court will be done under restricted access and will be available for inspection only upon request by motion and only by parties in interest. If a debtor stipulates to the relief sought in the motion, no hearing is required; otherwise, the motion must be noticed to the debtor, the debtor’s attorney, if any, the case trustee, and the Office of the United States Trustee under the conventional noticing procedure. See Vt. LBR 9013-3. A motion requesting access to tax returns must:

(1) describe the movant’s status in the case;

(2) specify the tax return sought;

(3) contain a statement that the movant cannot obtain the information from any other source; and

(4) contain a statement demonstrating movant’s need for the tax return.

(e) Duties of Chapter 11 Small Business Debtors. A Chapter 11 debtor must file a paper copy of its most recent federal income tax return with the Court. The Clerk will file the tax return under seal. See Vt. LBR 5003-4. The debtor must also deliver a copy of its tax return to the

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trustee, if any, and otherwise to the Office of the U.S. Trustee. VT. LBR 4002-3. DEBTOR’S DUTIES – CONSEQUENCES OF FAILURE TO FILE REQUISITE

DOCUMENTS

(a) Motion Requesting Dismissal under § 521. Where a debtor has failed to file the requisite documents identified in § 521(a)(1), pursuant to § 521(i)(2), a party in interest may move for dismissal of the debtor’s case after the later of:

(1) 15 days after the filing of the petition;

(2) the day after the expiration of any extension granted by the Court; or

(3) the day after any hearing held as a result of the debtor’s failure to file the requisite documents.

(b) Service of § 521(i)(2) Motion to Dismiss. A motion to dismiss under § 521(i)(2) must be served upon the debtor, the debtor’s attorney, if any, the case trustee, and the Office of the United States Trustee on seven days’ notice, and must be labeled an emergency motion. The Court will schedule a hearing if deemed necessary, after the five-day objection period has run.

(c) Objection to § 521(i)(2) Motion to Dismiss. During the notice period of the § 521(i)(2) motion to dismiss, the debtor may either come into compliance with § 521(a)(1) or file an objection to the motion; any party in interest may join in the debtor’s objection or file its own objection to the motion. In either event, all objections must be filed within five days’ service of the motion; the Court will schedule a hearing within seven days of the filing of the objection. No order of dismissal will be entered, if any, until after the Court rules on any objection that has been filed.

(d) Case Trustee’s § 521(i)(4) Motion to Prevent Dismissal. At any time prior to the expiration of the time period within which a debtor is required to file payment advices, the case trustee may file a motion pursuant to § 521(i)(4) requesting that the case not be dismissed notwithstanding the debtor’s failure to file payment advices. To prevail on such a motion, the case trustee must establish both that (1) the debtor attempted in good faith to file copies of all payment advices, and (2) the best interest of the creditors will be served by the administration of the estate. The case trustee must serve this motion on all creditors on seven days’ notice pursuant to Vt. LBR 9013-3.

(e) Sequence of Adjudicating Multiple Motions to Dismiss. If a case trustee’s § 521(i)(4) motion is pending at the time a party in interest files a § 521(i)(2) motion to dismiss, or if any two § 521 motions are pending simultaneously, the Court will defer consideration of the § 521(i)(2) motion until after an order is entered on the case trustee’s § 521(i)(4) motion.

VT. LBR 4002-4. CURRENT CONTACT INFORMATION

(a) Debtors. Throughout one’s bankruptcy case, a debtor has a continuous duty to maintain a current mailing address with the Clerk’s Office. If a debtor’s address changes during the

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course of the bankruptcy case, the debtor is to promptly file a statement of address change with the Clerk. See Vt. LB Form M.

(b) Pro Se Parties. A debtor or creditor who appears in a bankruptcy case without an attorney (i.e., a pro se party) must provide the Clerk’s Office with a current telephone number, if any, and a current e-mail address, if any. If the telephone number or e-mail address changes during the course of the debtor’s bankruptcy case, the pro se party must promptly file a statement of change with the Clerk. See Vt. LB Form M.

VT. LBR 4003-1. EXEMPTIONS

Property claimed as exempt in Schedule COfficial Form B106C (“Schedule C – Property Claimed as Exempt”) of a bankruptcy petition must be specific; general descriptions, such as “automobile,” “various,” or “common stock” are not sufficient. The debtor must set forth on Schedule COfficial Form B106C the statutory citations, including the relevant subsections, authorizing an exemption together with the value claimed as exempt. In a joint case, the debtor must separately identify the exemptions claimed by each debtor. See Vt. LBR 1015-1(a).

VT. LBR 4003-2. AVOIDING JUDICIAL LIENS THAT IMPAIR AN EXEMPTION

(a) Motion to Avoid a Lien under § 522(f). In a Chapter 7 case, a debtor seeking to avoid the fixing of a judicial lien on an interest of the debtor in property, to the extent the lien impairs an exemption, may file a motion under §522(f) for this relief, provided the debtor files the motion before the case is closed. In a Chapter 12 or 13 case, a § 522(f) motion to avoid a judicial lien that impairs an exemption must be filed in time to be heard at or before the date of the confirmation hearing. Whether filed in a Chapter 7, 12, or 13 case, the motion to avoid lien must attach a copy of the judgment order with proof of perfection, and must also:

(1) include a clear description of the property subject to the lien in question;

(2) specify the value of the property;

(3) specify the basis for the property valuation;

(4) specify the name and address of each entity that holds a lien of record against the property and the recording reference for each lien (including town, book, page and date of recording);

(5) specify the amount due on each lien;

(6) specify the amount of the claimed exemption; and

(7) set forth the basis for alleging that the lien sought to be avoided is a judicial lien, and not a statutory lien.

(b) Identification of Liens Subject to Avoidance in a Chapter 12 or 13 Plan. The debtor must identify in the Chapter 12 or 13 plan any lien the debtor seeks to avoid pursuant to § 522(f), and the debt currently secured by such lien must be included in the amount of unsecured debt for purposes of projecting the minimum dividend for general unsecured creditors. The debtor must clearly specify the treatment of the lien and underlying debt in

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both the plan and the confirmation order. The debtor must file any motion to avoid a lien in time to be heard at or prior to the confirmation hearing. See paragraph (a), above.

(c) Orders Granting Motions to Avoid Liens. Unless the Court approves different terms after notice to the lien holder and the case trustee, a proposed order avoiding a lien under § 522(f) must:

(1) specify that the lien is avoided only if the case is not dismissed;

(2) state that if the case is dismissed, the order granting the motion to avoid the lien is void;

(3) provide that the order is conditional and is of no effect unless it contains a certification by the case trustee that the debtor satisfied all of his or her obligations in the case and the case was not dismissed; and

(4) include the following trustee certification language:

Certification of Chapter 12/13 Trustee I, [name], the Chapter 12/13 Standing Trustee for the District of Vermont, hereby certify under penalty of perjury under the laws of the United States of America that the Debtor has completed his/her Chapter 12/13 Plan.

Dated: ____________ ____[signature]_____ Chapter 12/13 Trustee

Certification of Chapter 7 Trustee I, [name], the Chapter 7 case trustee in the case of [debtor’s name and case #] in the District of Vermont, hereby certify under penalty of perjury under the laws of the United States of America that the Debtor has completed all obligations under Chapter 7 and the case was not dismissed.

Dated: ____________ ____[signature]_____ Chapter 7 Trustee

See also Vt. LBR 3013-1. Vt. LBR 4004-2. DISCHARGES

See also Vt. LBR 7041-1. (a) Official Form 423 Required to be Filed Before Entry of Discharge. To evidence

completion of the post-petition financial management course required of each individual Chapter 7, 11, and 13 debtor before entry of the discharge order, each such debtor must sign and file Official Form 423, entitled “Debtor’s Certification of Completion of Instructional Course Concerning Personal Financial ManagementCertification About a Financial Management Course.” The physical signature of the debtor must be affixed to Official Form 423. This form is different from, and not a substitute for, the certification received from a

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pre-petition credit counseling provider and filed at the beginning of a case. See also Vt. LBR 9011-4(c) (outlining signature requirements for non-attorneys).

(1) Deadline for Filing Official Form 423. In a Chapter 7 case, each individual debtor must file Official Form 423 within 60 days after the first date set for the § 341 meeting of creditors. In a Chapter 11 or 13 case, each individual debtor must file Official Form 423 either by the date the last payment is due under the debtor’s confirmed plan or the date the debtor files a motion for entry of a discharge order, whichever is earlier. If an individual debtor fails to timely file the Official Form 423, the debtor’s case may be closed without entry of a discharge order.

(2) Motion to Enlarge Filing Deadline. If, prior to the closing of a case, an individual debtor who has failed to timely file Official Form 423 seeks to file Official Form 423, that debtor must first file a motion to enlarge the time nunc pro tunc. The motion must demonstrate cause to enlarge the time; it must also be accompanied by the debtor’s affidavit or certification, be made under penalty of perjury, and explain the reason for the failure to timely file Official Form 423. The debtor must serve the motion on the case trustee, the Office of the United States Trustee, and any other parties the Court directs.

(3) Motion to Reopen Case to Enlarge Time for Filing of Official Form 423 and Enter Discharge. If, based on a debtor’s failure to timely file Official Form 423, the case is closed without entry of a discharge order, the debtor must first move to reopen the case before moving for entry of discharge. In addition to the motion to reopen the case, the debtor must simultaneously file a motion to enlarge the time to file Official Form 423. See subparagraph (2), above. The debtor must serve the motion to reopen on the case trustee, the Office of the United States Trustee, and any other parties the Court directs, and must be accompanied by the appropriate filing fee.

(3)(4) Waiver of Requirement to File Official Form 423. In order to obtain a waiver of the requirement to file Official Form 423, the debtor must file a motion, on notice to the case trustee, and obtain a court order. The motion must specify which provision of § 109(h) the debtor is seeking relief.

(b) Certification of Compliance and Motion for Entry of Discharge Order in Chapter 12 Case. In order to obtain a discharge, an individual Chapter 12 debtor must file a certification of compliance with 28 U.S.C. § 1746 and a motion requesting entry of a discharge order.

(1) Contents of Motion Requesting Entry of Discharge Order in Chapter 12 Case. In the motion requesting entry of a discharge order, the debtor must affirm that the debtor has:

(A) made all payments required under the confirmed Chapter 12 plan;

(B) fully complied with the terms of the plan;

(C) either (i) is not required by any judicial or administrative order or law to pay a domestic support obligation, or (ii) was required to pay a domestic support obligation during the Chapter 12 case and has made all required payments on the obligation due through the date of the motion; and

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best of the attorney’s knowledge, the debtor qualifies for a discharge under §§ 521, 1308, and 1328(a), (g)(1), and (h). The attorney must file this certification with the debtor’s certification and motion. See Vt. LB Form O-1.

(d) Entry of Discharge in Chapter 12 and 13 Cases. The Court will not enter a discharge order in a Chapter 12 or 13 case until:

(1) the Court has made the requisite findings that there is no reasonable cause to believe that (i) § 522(q)(1) may be applicable to the debtor, and (ii) there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in § 522(q)(1)(A) or liable for a debt of a kind described in § 522(q)(1)(B); and

(2) the case trustee has filed his final report.

(e) Request for Early Entry of Discharge in Chapter 12 and 13 Cases. Typically, there is a 60-day period between the date of a debtor’s last plan payment and the date of the filing of the case trustee’s final report. If a debtor seeks entry of discharge before the filing of the case trustee’s final report, either the debtor must file a motion showing cause for the early entry of discharge or the debtor and case trustee must file a stipulation seeking entry of the discharge order prior to the filing of the final report. However, the Court will not enter a discharge prior to the completion of plan payments.

(f) Sua Sponte Denial of Discharge. The Court may sua sponte deny a discharge in a Chapter 7 or 13 case if a debtor fails to file all required documents. See, e.g., §§ 727(a)(11), 1328(g); Official Form 423. Further, in Chapter 7 cases, in addition to the grounds for denying a discharge itemized in Fed. R. Bankr. P. 4004(c), the Court may sua sponte deny a discharge if the debtor fails to appear and be examined at the § 341 meeting of creditors without leave of the Court or has violated any other order of the Court.

VT. LBR 4008-1. REAFFIRMATIONS

(a) General Requirements; Form to Use.

(1) Any reaffirmation agreement between a debtor and a creditor must comply with § 524 and be filed on the Official Form 2400A (“Reaffirmation Documents”), “Form 240A – Reaffirmation Agreement” (hereinafter, “Form 240A”). See also Vt. LB Appendix III (“Vermont Reaffirmation Agreement Flow Chart”); Vt. LB Appendix IV (“Vermont Reaffirmation Check List”).

(2) When filing reaffirmation agreement documents, it is the date the case was filed that determines which reaffirmation form must be used. If the case was filed prior to December 1, 2015, the reaffirmation documents must be on Official Form B240A/B (in effect since December, 2011). If the reaffirmation is being filed in a case that was filed on or after December 1, 2015, the reaffirmation agreement must be filed on Official Form 2400A and Official Form 427 (in effect as of December 1, 2015).

(a)(b) Separate Certification Required. A party seeking approval of a reaffirmation agreement must complete and file both Official Form 2400A and a separate cover sheet,

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“Official Form 427.” See Vt. LB Form B27. The completed and filed Official Form 27 cover sheet must include the modified “Filer’s Certification,” which reads:

I, [debtor’s name], hereby certify that the attached agreement is a true and correct copy of the reaffirmation agreement between the parties identified in this Reaffirmation Agreement Cover Sheet and complies with the requirements set forth in § 524.

The party seeking approval of a reaffirmation agreement must also complete Part 2 of Official Form 427.

An Official Form 2400A that does not include this mandatory cover sheet will be considered defective; in such an instance, the Clerk’s Office will send the filer a deficiency notice. The party seeking approval of the reaffirmation agreement must file and serve Form 2400A and the Official Form 427 cover sheet upon the debtor, the debtor’s attorney, if any, and the Office of the United States Trustee.

(b)(c) Additional Requirement When Debtor Identifies a Third Party as Additional Source of Funds. If a debtor seeking to overcome a presumption of undue hardship files a written statement that identifies a third party as an additional source of funds for making the payments under the reaffirmation agreement, the third party must either appear and present testimony affirming his or her commitment to provide such additional funding, or file an affidavit or certification made under penalty of perjury indicating: (1) the third party’s relationship to the debtor; (2) the third party’s ability and willingness to assist the debtor; (3) the assistance of the third party is a voluntary commitment and is not a guarantee or promise of payment in favor of the creditor; and (4) the third party understands that his or her assistance may be a basis for the Court’s approval of the reaffirmation agreement.

(c)(d) Hearing on Motion for Approval of Reaffirmation Agreement. Where one of the following circumstances is present, the Court will set a hearing to determine whether to approve the reaffirmation agreement:

(1) the debtor is not represented by an attorney;

(2) the debtor’s stated monthly expenses exceed his or her stated monthly income;

(3) in “Part D” of Form 2400A, the debtor’s net monthly income available to make all required payments is less than the amount of the payment due on the proposed reaffirmed debt and there is either no explanation or an insufficient explanation as to how the debtor can afford to make the required payment on the proposed reaffirmed debt;

(4) the monthly income and monthly expenses listed in “Part D” of Form 2400A do not match the debtor’s monthly income listed in Official Form 106I (“Schedule I: Your Income”) Schedule I and monthly expenses listed in Schedule J Official Form 106J (“Schedule J: Your Expenses”); or

(5) the monthly expenses listed in “Part D” of Form 2400A do not reflect payments due under other reaffirmation agreements the debtor has filed.

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Vt. LBR 4071-1. VIOLATION OF THE AUTOMATIC STAY OR DISCHARGE INJUNCTION

Before granting a motion to impose sanctions for a violation of the automatic stay or discharge injunction, the movant must establish it has effectuated proper notice on the party against whom sanctions are sought and must present sufficient evidence to warrant imposition of sanctions against that party. Ordinarily, this will require conducting an evidentiary hearing. However, where the Court determines that proper notice has been provided and sufficient evidence has been presented in the record, in its discretion, the Court may impose sanctions without a hearing.

PART V

VT. LBR 5001-2. CLERK – OFFICE HOURS; LOCATION; WEBSITE

(a) Hours and Place for On-Site Filing and Access to Records. Petitions and all other documents may be filed or reviewed on-site in the Clerk’s Office. Petitions and all other documents may also be reviewed in the U.S. District Court Clerk’s Office at 151 West Street, Rutland, Vermont. Office hours in both locations are Monday through Friday, between 8:300 a.m. and 5:00 p.m., except on federal holidays.

(b) Mailing Address, E-Mail Address, Telephone Number, and Fax Number. The mailing address for the Clerk’s Office is P.O. Box 16636648, BurlingtonRutland, VT 05402-166305702-6648. The physical location of the Clerk’s Office is 11 Elmwood Avenue, Room 240, Burlington, VT 05401151 West Street, Room 401, Rutland, VT 05701. The general e-mail address for the Clerk’s Office is [email protected]. The telephone number for the Clerk’s Office is (802) 776-2000, and the fax number is (802) 776-2020.

(c) Website. Information about the Clerk’s Office, these Rules, issued decisions of this Court, electronic case filing and the CM/ECF System, instructions for how to schedule a hearing, as well as other useful information can be found on the Court’s website, http://www.vtb.uscourts.gov. All information on the Court’s website may be viewed on-line in the Clerk’s Office during normal business hours. See paragraph (a), above.

VT. LBR 5001-3. CLERK – PUBLIC ACCESS TO RECORDS

(a) Hours of Electronic Filing and Public Access to Court Electronic Records. The Clerk accepts electronically filed documents and makes the content of these documents available on the Court’s website via PACER, 24 hours per day, seven days per week. Any PACER subscriber is able to read, download, store, and print the full content of all filed documents remotely, 24 hours per day, seven days per week, unless sealed pursuant to Court order. See Vt. LBR 5003-4. Court records regarding closed or pending cases are also available on the CM/ECF System. However, only parties who are registered for CM/ECF may file documents or access information through the CM/ECF System. Documents may be filed, downloaded, or viewed electronically, remotely, 24 hours per day, seven days per week, in compliance with the procedures set forth in these Rules. Federal law prohibits use of the information posted on the CM/ECF System or otherwise made available by the Clerk’s Office in ways that are inconsistent with the privacy of any person.

(b) Request for Limiting Access to Sensitive Information. Any party in interest may file a motion for an order limiting electronic access to, or prohibiting the electronic filing of,

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sensitive information in a case upon a showing that public access to such material infringes upon privacy rights, electronic access to such sensitive information is likely to be prejudicial, and denial of public access is warranted. See Vt. LBR 5003-4.

(c) Personal Data Identifiers.

(1) Requirement to Redact. In compliance with the policy of the Judicial Conference of the United States and the E-Government Act of 2002, and in order to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties must refrain from including, or must partially redact where inclusion is necessary, the following personal identifiers from all evidence presented at hearings and from all documents filed with the Clerk, including exhibits thereto, whether filed electronically or non-electronically, unless otherwise ordered by the Court:

(A) Names of Minor Children. If the existence of a minor child is required to be disclosed in a court filing or at a court hearing, the child must be identified only by his or her initials;

(B) Dates of Birth. If an individual’s date of birth is required to be disclosed in a court filing, it must be disclosed by the year of birth only;

(C) Social Security Numbers. If an individual’s social security number is required to be included in a court filing, only the last four digits of that number should be used; however, this Rule does not apply to Official Form 121;

(D) Taxpayer Identification Numbers. The taxpayer identification number of any non-debtor identified in a debtor’s filings must be redacted except for the last four digits; and

(E) Financial Account Numbers. If financial account numbers are required to be disclosed in a court filing or at a court hearing, they must be disclosed by the last four digits only of such account numbers, unless the Court specifically orders otherwise.

(2) Filer Responsible for Redacting. The responsibility for redacting these personal data identifiers rests with the filer or party introducing the pertinent testimony. Likewise, the responsibility for protecting personal information of the debtor, and preventing dissemination of personal information relating to individuals and others affiliated with the debtor that may be included on documents filed with the Clerk, rests with the debtor and the party filing or presenting the subject document.

(A) The Clerk will not review each document filed to verify redaction of personal data identifiers. However, to the extent it comes to the attention of the Clerk that a document filed contains personal data identifiers, the Clerk may restrict access to that document and, in that event, the Clerk will issue a notice directing the filer to re-file the document in redacted form.

(B) If the Clerk issues a notice to redact and the filer fails to file a redacted version of the document within the time specified in the notice, the Clerk will restore public access to the document at the expiration of the specified time frame, and the filer may be

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Vt. LBR 5003-1. Clerk – Duty to Maintain Records

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subject to sanctions, including monetary penalties and/or the striking of the document from the Court record.

(C) If an individual or entity asserts harm based upon the publication of personal data identifiers in a bankruptcy case or proceeding, or by a party’s failure to redact a document in response to a Clerk’s notice, the complaining party may bring a motion for sanctions in the case or proceeding.

(D) To the extent the document with personal identifier information could be filed by any one of multiple parties (e.g., a proof of claim may be filed by the creditor, debtor, or trustee), any one of those parties may file a redacted version of the document in response to the Clerk’s notice.

(3) Request for Redacted Information. If a party determines it needs any of the above-enumerated redacted information, the party may contact the debtor’s attorney (or the debtor if the debtor is proceeding pro se) to request it. If the debtor or debtor’s attorney does not grant the request, the party may then move the Court for a determination of whether grounds exist to compel the debtor to provide the requested information to the party and in what form.

VT. LBR 5003-1. CLERK – DUTY TO MAINTAIN RECORDS

(a) General Duty to Maintain All Records. The Clerk will maintain all official records of the Court. The official Court records for documents filed after April 1, 2002 are electronic records. If the Clerk receives any documents on paper or by e-mail or fax, the Clerk will have the documents scanned into the appropriate case record. Thereafter, these documents will be maintained electronically, and the Clerk will dispose of the paper, e-mail, or fax version received from the filer.

(b) Official Form 121, Statement Aboutof Your Social Security Numbers. The Clerk will retain any Official Form 121 submitted for a minimum of five years. The Official Form 121 is not to be filed in, or become part of, any bankruptcy case records.

Vt. LBR 5003-3. CLAIMS REGISTER

The claims register is maintained, and is accessible, electronically. A creditor may file a claim using the CM/ECF System, without retaining counsel, if the creditor registers for limited participation in the CM/ECF System. Instructions on limited participant CM/ECF registration are available on the Court’s website, http://www.vtb.uscourts.gov.

VT. LBR 5003-4. REQUIREMENTS FOR SUBMITTING AND SEALING DOCUMENTS

(a) Order Required to Seal Documents. All official records in possession of the Clerk are considered to be public documents available for inspection, both at the Clerk’s Office and electronically, see, e.g., Vt. LBR 5001-3(a), unless otherwise ordered. By Court order, cases, documents, and proceedings may (1) be excluded from the public record, (2) have restricted access, or (3) be sealed. Any order that seals a document must also specify when, under what circumstances, and by what procedure the document will be unsealed and made available to the public via CM/ECF, if at all.

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Vt. LBR 5005-2. Filing Documents – Generally

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filed electronically or non-electronically. Where the Official Form asks for the attorney’s bar number, the attorney should use his/her state bar number.

(c) Identification of Filings. All filings must contain:

(1) the caption of the case, including the debtor’s full name as stated on the petition and the chapter under which the case is currently proceeding, but excluding the debtor’s social security number;

(2) the case number, except for documents filed with or before the petition, when no case number has yet been assigned;

(3) a title describing the filing’s contents and/or the relief sought;

(4) the name of the party on whose behalf it is filed;

(5) signatures that comply with the current requirement regarding original, e-mail, fax, and electronic filing; and

(6) the title or function in the case of all persons named in the filed document.

(d) Affidavits. An affidavit must identify the filing it relates to by indicating that document’s title and date of filing. An affidavit must be filed in support of any document seeking a factual determination by the Court.

(e) Removed Actions. This Rule does not apply to documents filed in actions removed to this Court or to the transmission of the record from another court.

(f) Parties Must File Current Official and Local Forms Without Deletion or Modification.

(1) Effective December 1, 2015, old versions of Official Forms or Local Forms will not be accepted for filing except with respect to (i) amended statements or schedules, when the original of the form was filed before December 1, 2015, and (ii) reaffirmation agreements in cases that were filed before December 1, 2015, as set out in Vt. LBR 1007-4(b) and 4008(1(a), respectively..

(2) Parties may not delete or modify the text of an Official Forms to reduce the scope of information provided without prior Court approval; no Court approval is necessary to supplement or provide additional information beyond what is required on the Official Forms.

VT. LBR 5005-2. FILING DOCUMENTS – GENERALLY

(a) CM/ECF System. Parties are strongly encouraged to file all petitions, pleadings, and other documents by electronic means directly into the CM/ECF System. Instructions and procedures for electronic filing via CM/ECF are posted on the Court’s website, http://www.vtb.uscourts.gov, and are available from the Clerk’s Office upon request. All documents filed electronically must be filed, signed, and verified by means that are consistent with these Rules. See also Vt. LBR 9011-1(c); Vt. LBR 9011-4.

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(b) Consequences of Electronic Filing. Electronic transmission of a document to the Clerk through the CM/ECF System consistent with these Rules, together with the transmission of a notice of electronic filing (NEF), constitutes the filing of the document for all purposes of the Federal Rules of Bankruptcy Procedure and these Rules, and constitutes entry of the document on the docket kept by the Clerk pursuant to Fed. R. Bankr. P. 5003.

(c) Official Record and Deemed Filing Date.

(1) Electronic Filings. When a document has been filed electronically, the official record is the electronic recording of the document maintained by the Clerk, and the filing party is bound by the document as filed. A document filed electronically is deemed filed at the date and time entered into the CM/ECF System.

(2) Fax Filings. A document submitted for filing via fax is deemed filed as of the date and time the Clerk’s Office enters it into the CM/ECF System, not the time of the transmission of the fax. The party is bound by the document as faxed.

(3) E-Mail Filings. A document submitted for filing via e-mail is deemed filed as of the date and time the Clerk’s Office enters it into the CM/ECF System, not the time of the transmission of the e-mail. The party is bound by the document as e-mailed.

(4) Non-Electronic Filings. A document submitted for filing on paper by mail, submission at the Clerk’s Office, or deliveredry directly to the Clerk is deemed filed as of the date and time the Clerk’s Office enters it into the CM/ECF System, not the time of receipt. The party is bound by the document as submitted.

See also Vt. LBR 1002-1 (deemed filing date for petition); Vt. LBR 9075-1(b)(1) (filing requirements related to emergency filings).

(d) Filing Deadline Not Altered. When filing a document electronically, the filer must enter the document into the CM/ECF System before midnight in order to have effectuated the filing that day.

(e) Relief Due to Technical Failures. A party whose electronic filing is rendered untimely as a result of a technical failure may seek relief from the Court.

VT. LBR 5005-3. FILING DOCUMENTS VIA THE CM/ECF SYSTEM – REGISTRATION

REQUIREMENTS

(a) Registration and Passwords for Electronic Filings. Attorneys admitted to the Bar of this Court (including those admitted pro hac vice) must register to use the Court’s CM/ECF System. United States Trustees and their assistants, bankruptcy administrators and their assistants, private trustees, creditors, and others as the Court deems appropriate, may also register to use the Court’s CM/ECF System.

(1) For Attorneys. Attorneys must register using the form prescribed by the Clerk, which requires the registrant’s name, address, telephone number, fax number, if any, e-mail address, and both (A) a declaration that the attorney is admitted to the Bar of this Court; and (B) consent to service through the CM/ECF System. Further, prior to electronically

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Vt. LBR 5005-4. Filing Documents Via Other Electronic Means

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filing documents in this Court, each attorney must enter a current e-mail address into his or her CM/ECF user profile. The maintenance and control of the “Email Information” section of a user’s CM/ECF account (in the “Utilities” menu of the CM/ECF System) is the responsibility of the registered user and not the responsibility of the Clerk; the information entered into this section will govern how a user will receive e-mail notifications and to which e-mail address(es) notifications will be sent.

(2) For Non-Attorneys. Upon Court approval, and after being trained by a member of the Clerk’s Office, a party to a pending case, proceeding, or motion who is not represented by an attorney may register to use the CM/ECF System in that particular matter. Registration is in the form prescribed by the Clerk and requires identification of the case, proceeding, or motion in which the party seeks to participate electronically, as well as the name, address, e-mail address, telephone number, and fax number, if any, of the party. If, during the course of the case, proceeding, or motion, the party retains an attorney who appears on the party’s behalf, the attorney must file a notice of appearance.

(3) Limited Appearance Exception. Any party may file a notice of appearance, request for notice in a case, proof of claim, notice of transfer of claim, withdrawal of claim, or motion for relief from stay without having registered to use the CM/ECF System. See also Vt. LBR 2090-1(b)(6).

(b) Waiver of Service and Notice by Mail. Registration with the Clerk to file using the CM/ECF System constitutes: (1) a waiver of the right to service by personal service or by regular, first-class mail and consent to electronic service, except for service of a summons and complaint under Fed. R. Bankr. P. 7004; and (2) a waiver of the right to receive notice by regular, first-class mail and consent to receive notice electronically. Waiver of service and notice by mail applies to all documents filed in the case, including notice of entry of an order or a judgment under Fed. R. Bankr. P. 9022. Pleadings and other documents filed electronically are deemed served upon all CM/ECF participants who are parties to the case or proceeding, unless the NEF indicates otherwise. While non-registered attorneys may be served via e-mail, they will not receive automatic e-mail notification through the CM/ECF System.

(c) Passwords and Their Security. Once a party completes the registration process, the registrant will receive a user log-in and password. Persons registered to use the CM/ECF System must protect the security of their passwords and immediately notify the Clerk if they learn that their password has been compromised. CM/ECF access may be revoked and other sanctions imposed if a registered user fails to comply with this obligation.

Vt. LBR 5005-4. FILING DOCUMENTS VIA OTHER ELECTRONIC MEANS

(a) Filing Documents by Fax. The Clerk accepts documents received by fax for filing. Parties filing documents by fax are required to simultaneously attempt service on all parties in interest via fax and immediately thereafter fax a certificate of service to the Clerk. Exhibits to pleadings, motions, and other documents that are filed by fax must be clearly marked as exhibits. If documents are faxed, the original of those documents should not be transmitted to the Clerk by other means. Court fees required at the time of filing must be paid pursuant

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to the provisions of paragraph (d) of this Rule. See also Vt. LBR 1002-1(c); Vt. LBR 5001-2(b) (providing Clerk’s fax number).

(b) Filing Documents by E-Mail. Only in those circumstances where filing via CM/ECF or fax is not possible or practical will the Clerk accept documents delivered via e-mail for filing; the appropriate e-mail address to use in such circumstances is: [email protected]. The documents to be filed must be PDF attachments to the transmittal e-mail. Parties filing documents by e-mail are required to simultaneously attempt service on all parties in interest via e-mail and immediately thereafter e-mail a certificate of service (as a PDF attachment) to the Clerk. Exhibits to pleadings, motions, and other documents that are filed by e-mail must be clearly marked as exhibits. If documents are e-mailed, the original of those documents should not be transmitted to the Clerk by other means. Court fees required at the time of filing must be paid pursuant to the provisions set forth in paragraph (d) of this Rule. See also Vt. LBR 1002-1(d); Vt. LBR 9011-4(d).

(c) Service of Documents on the United States Trustee. To the extent documents other than monthly operating reports are filed electronically, the Office of the United States Trustee will be served and notified electronically, making service by regular, first-class mail unnecessary. Monthly operating reports are still to be served on the Office of the United States Trustee by hand-delivery, regular, first-class mail, or private courier service. See Vt. LBR 4002-1(f) (directing that paper copies with original signatures be served on the Office of the United States Trustee). The Office of the United States Trustee will not accept service of any documents by fax. But see Vt. LBR 9013-1(g).

(d) Form of Payment. A party must make payments due in connection with documents filed by electronic means with a credit card. See Vt. LBR 5081-1(c).

VT. LBR 5007-1. RECORD OF PROCEEDINGS AND TRANSCRIPTS; ENSURING PRIVACY IN

TRANSCRIPTS

(a) Recording of Proceedings and Hearings. Except as provided in paragraph (b) of this Rule, all trials and court proceedings, other than emergency hearings, will be recorded by a court reporter or an electronic recording system.

(b) Audio Record of Court Hearings. Digital audio recordings will be available on PACER for all hearings and trials conducted on or after November 1, 2011. A recording will appear on the docket as a PDF document with an MP3 file embedded and will generally be available within two hours of the conclusion of that day’s hearings, but, in any event, will be available no later than the next business day after the conclusion of the hearings. The official record of any Court hearing remains the written transcript. See paragraph (d), below. Attorneys (and pro se parties) involved in the hearing seeking to restrict public access to the digital audio recording of a hearing must file an application showing good cause for restriction at least one full day prior to the commencement of the hearing, on notice to all attorneys (and pro se parties) involved in the hearing, the case trustee, and the Office of the United States Trustee. The burden is on the applicant to demonstrate grounds, pursuant to § 107, warranting restriction.

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UPDATE: process for efiling changed as of January 2016, in connection with elimination of filing case documents via fax; see Clerk's Announce. # 15-106

Vt. LBR 5010-1. Reopening Cases

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VT. LBR 5010-1. REOPENING CASES

(a) Generally. A motion to reopen a case must comply with Fed. R. Bankr. P. 7004. The movant must serve and give notice of the motion in the same manner as any other contested matter, except where the party files a motion to reopen a case to file Official Form 423.

(b) Motion to Reopen a Case to File Official Form 423. See Vt. LBR 4004-2(a)(3).

VT. LBR 5070-1. COURT CALENDARS AND SCHEDULING HEARINGS

(a) The courtroom deputy will schedule pre-trial conferences, dismissal motions in adversary proceedings, summary judgment motions, evidentiary hearings, trials, disclosure statement hearings, and Chapter 11 confirmation hearings. Attorneys must schedule all other hearings through the CM/ECF System.

(b) When setting a hearing, the movant must select the location where the § 341 meeting of creditors is scheduled (Rutland or Burlington), unless otherwise agreed between the interested parties or due to exigent circumstances as determined by the Court.

(c) Counsel must make arrangements through the courtroom deputy if they wish to use a blackboard, computer screen, or other audio-visual aid, and must make the request sufficiently in advance of the hearing to allow for set-up of the requested equipment during hours when the Court is not in session.

(d) Counsel wishing to appear by telephone must obtain Court approval in advance and make arrangements for the telephonic connection with the courtroom deputy at least one full business day in advance of the time set for the hearing. See Vt. LBR 9074-1.

VT. LBR 5071-1. CONTINUANCES

No continuance, postponement, or rescheduling will be granted except upon a motion or stipulation showing good cause, and upon such terms and conditions as the Court may impose. Agreement of counsel alone does not constitute good cause. A request for a continuance based on a conflicting engagement must be accompanied by proof that the other matter was scheduled first and must be filed timely with the Clerk. A motion to continue a trial must contain a certification that the party on whose behalf the request has been filed and opposing counsel have been notified of the request for a continuance. See Vt. LBR 9013-2(g).

VT. LBR 5072-1. COURTROOM DECORUM

The following procedures are to be adhered to in all matters in open court:

(a) all persons in the courtroom are to be treated with dignity and respect;

(b) counsel must address all persons by their surname during all court hearings;

(c) there will be no oral confrontation or dialog directly between opposing attorneys or among parties;

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Vt. LBR 9013-2. Hearings – On Motions Generally

112

not require the presentation of evidence will be considered routine, non-evidentiary motions. (Although motions for relief from stay are considered evidentiary, they are routine; therefore, a movant should treat a motion for relief from stay as routine and schedule a hearing, except if the movant intends to present evidence. In such an instance, refer to Vt. LBR 4001-1(f) for directions on how to proceed.)

(2) In an Adversary Proceeding. All motions in an adversary proceeding will be considered non-routine, except for: (A) motions to compel; (B) motions to continue or to expedite; (C) motions for sanctions; (D) motions to seal or to request in camera review; (E) motions to withdraw as counsel for the debtor; and (F) those motions that can be scheduled using the Court’s default noticing procedure. See Vt. LBR 9013-4(b). The Clerk’s Office will set or direct the setting of hearings on all adversary proceeding motions other than those itemized in this subparagraph. See also paragraph (c)(5)(C), below.

(c) Form of Hearing Notice. For all routine, non-evidentiary motions, the moving party must prepare a hearing notice specifying: (1) the relief sought; (2) the hearing date and time; (3) the location of the hearing; and (4) the response deadline. See Vt. LBR 9013-3 (providing guidelines for noticing a hearing under the conventional procedure); see also Vt. LBR 9013-4 (providing guidelines for noticing a hearing under the default procedure); Vt. LB Forms U-1 and U-2 (providing examples of proper hearing notices).

(1) Hearing Dates/Times. The upcoming Court calendar dates and designated times for hearings are posted on the Court’s website, http://www.vtb.uscourts.gov, and may also be obtained by contacting the courtroom deputy at (802) 776-2010. The Court has specific days when it hears: (A) Chapters 7 and 11 matters; (B) Chapters 7, 11, and 13 matters; and (C) Chapters 12 and 13 matters, all of which are designated on the Court’s calendar. Unless Court approval is obtained in advance, based on exigent circumstances, movants should schedule matters according to that schedule.

(2) Hearing Sites. Matters may be scheduled to be heard at the Rutland Bankruptcy Court site, the Burlington Bankruptcy Court site, or at a remote video conferencing site. See subparagraph (3), below. Movants must set hearings at the location where the § 341 meeting of creditors is scheduled in the case (unless otherwise agreed between the interested parties or due to exigent circumstances as determined by the Court), and taking into account the availability of key parties to the motion.

(3) Availability of Video Conferencing. On certain hearing dates, attorneys and pro se parties may appear at a hearing via video conference. Remote access sites from which a party may participate in a hearing are identified on the Court’s website, http://www.vtb.uscourts.gov/.

(A) Appearance at a remote video conference site is limited to instances where:

(i) a party seeks only to observe proceedings;

(ii) a party’s appearance is necessary only to place on the record a consent or a scheduling agreement;

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UPDATE: VIT will not be available after 12/31/15; See Clerk's Announce # 15-105

Vt. LBR 9013-2. Hearings – On Motions Generally

113

(iii)the total length of arguments at the hearing is reasonably expected not to exceed 15 minutes;

(iv) out-of-state participants file a motion at least one week prior to the hearing showing why appearance via video conference is warranted, serve the motion on the other parties to the hearing, obtain Court approval, and contact the courtroom deputy to make the necessary arrangements at the time of filing the motion, see Vt. LBR 5073-1(d); or

(v) the Court has not directed (by a hearing notice or otherwise) that the parties must appear in person in the courtroom.

(B) Unless specifically authorized by the Court, video conference sites may not be used for:

(i) Chapter 12 and 13 confirmation hearings;

(ii) Chapter 11 confirmation hearings, except by attorneys or parties who meet the criteria listed in subsections (A)(i), (ii), or (iii), above;

(iii)evidentiary matters or trials; or

(iv) hearings requiring extensive legal argument, i.e., argument expected to exceed 15 minutes.

(4) Hearing Notices for Days When Video Conference Participation is Available. Hearing notices for matters scheduled on days for which video conference appearances are available must: (i) include language informing the noticed parties of the opportunity to attend and participate in the hearing at a remote video conference site, and (ii) identify the locations of the remote video conference sites for the hearing. See Vt. LBR 9013-3(b)(3)(C), (D); see also Vt. LBR 9013-4(c)(3)(C), (D).

(5) Response Deadline; Mandatory Language.

(A) For hearings noticed under the Court’s conventional procedure, refer to Vt. LBR 9013-3(b)(2) for instructions regarding response deadlines and refer to Vt. LBR 9013-3(b)(3) for instructions regarding mandatory language;

(B) For hearings noticed under the Court’s default procedure, refer to Vt. LBR 9013-4(c)(2) for instructions regarding response deadlines and refer to Vt. LBR 9013-4(c)(3) for instructions regarding mandatory language;

(C) In non-routine matters, interested parties will have 14 days’ response time unless a different response time is set by the Federal Rules of Bankruptcy Procedure, these Rules, or the Court.

(6) Minimum Notice. Unless a longer period is required by the Bankruptcy Code or the Federal Rules of Bankruptcy Procedure, see, e.g., Fed. R. Bankr. P. 2002, notice must be effectuated at least 14 days before the hearing date. But see Fed. R. Bankr. P. 9006(f) (requiring additional time if served by mail).

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UNITED STATES BANKRUPTCY COURT District of Vermont

Thomas J. Hart Clerk of Court

11 Elmwood Ave. P.O. Box 1668

Burlington, VT 05402-1663 (802) 776-2000 Phone (802) 776-2020 Fax

www.vtb.uscourts.gov

TO: Court Users

FROM: Thomas J. Hart

DATE: December 4, 2015

RE: Vermont Interactive Technologies - Not available after December 31, 2015

As many of you are aware, the financial budget for the State of Vermont does not fund Vermont Interactive Technologies (VIT) operations after December 31, 2015. As a result, after that date we will not hold bankruptcy court hearings via VIT (or any successor medium currently available). At the request of the State of Vermont’s Public Service Department and VIT, I provided input describing our needs, and the Department has kept me apprised of its efforts to provide a substitute voice and video interactive network. Recent media coverage has alluded to a possible State funded start-up successor to VIT. Unfortunately, nothing that has been suggested to date will be sufficient to meet our needs. For us, the issue regarding any start-up successor that has been proposed thus far is that it does not include any on-site technical support. We need on-site technicians to operate the equipment and - more importantly - to trouble shoot the technical problems that history has taught us will arise. The Public Service Department recently informed me that all options they are considering will be options without on-site technicians because there is no source of funding to pay for technical support staff. We are committed to pursuing – and if possible, making available – opportunities for remote video participation in hearings, and therefore gave careful consideration to the possibility of relying upon some of our users to provide the on-site technical assistance / trouble shooting we will undoubtedly need. However we determined this would be an unfair burden on the bar, a distraction to hearing participants and the Court, and ultimately lacks the level of reliability that is crucial to court hearings. Therefore, as of this writing, we must conclude it will not be possible for us to hold hearings from remote sites. All hearings will be held in the courtrooms either at the Federal Building and Courthouse in Burlington or at the U.S. Post Office and Courthouse in Rutland. We will continue to monitor any developments in remote video conferencing and if new options appear we will look into them. If any seem to be potentially adequate, Judge Brown will present them to you for discussion at a Bench Bar meeting.

CLERK’S ANNOUNCEMENT 15-105

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UNITED STATES BANKRUPTCY COURT District of Vermont

Thomas J. Hart Clerk of Court

11 Elmwood Ave. P.O. Box 1668

Burlington, VT 05402-1663 (802) 776-2000 Phone (802) 776-2020 Fax

www.vtb.uscourts.gov

TO: Court Users

FROM: Thomas J. Hart

DATE: December 7, 2015

RE: Filings via facsimile machine - elimination

Effective Friday, January 1, 2016, the clerk’s office will no longer accept filings of documents via facsimile machine. Filers who would otherwise file via fax are encouraged to use the CM/ECF system. Parties who are unable or uncomfortable filing via CM/ECF may file documents via e-mail, electronically transmitting their documents to [email protected]. The current requirement that an explanation of why the document is being filed via e-mail, rather than via the CM/ECF system, will be eliminated via a Standing Order to be entered shortly. We are making the above change because effective January 1, 2016 the information technology system that facilitates immediate distribution of incoming faxed documents to all case administrators, ensuring that the documents receive prompt attention, will no longer be available. Filings via e-mail will continue to be immediately distributed to all case administrators. As with all other filings transmitted to the Clerk’s Office other than via CM/ECF, documents delivered to the Clerk via e-mail will be deemed filed upon the Clerk’s entry into the CM/ECF system. If you have any questions about this, please contact Chief Deputy Theresa A. Davidson by e-mail at [email protected] or by phone at 802-776-2003.

CLERK’S ANNOUNCEMENT 15-106

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VERMONT BAR ASSOCIATION

BANKRUPTCY LAW SECTION’S HOLIDAY CLE

DECEMBER 11, 2015

LISTING OF SELECTED AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE

OF INTEREST TO BANKRUPTCY PRACTITIONERS* EFFECTIVE DECEMBER 1, 2015

These changes are incorporated into the

7000 series of the Federal Rules of Bankruptcy Procedure Applicable in Adversary Proceedings

1. Rule 1 has been amended to state that parties as well as courts have an obligation to secure the just, speedy, and inexpensive determination of every action.

2. The time for service of process under Rule 4(m) is shortened from 120 days to 90 days.

3. The time for holding the initial case management conference under Rule 16(b) has been shortened by 30 days, and new topics for the Rule 26(f) conferences (conferences of the parties; planning for discovery) and Rule 16 conferences (Pretrial Conferences; Scheduling; Management) have been added.

4. The scope of discovery in Rule 26(b)(1) has been amended, and the need for

proportional discovery tailored to the reasonable needs of the case has been highlighted.

5. Rule 37(e) has been rewritten to address the preservation and loss of electronically stored information.

SEE FOLLOWING PAGES FOR REDLINED VERSION OF ABOVE LISTED AMENDED RULES *FRBP 1007, Lists, Schedules, Statements, and Other Documents; Time Limits, was amended only to reflect newly amended schedules adopted as part of the Bankruptcy forms Modernization Project, hence not included here.

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PROPOSED AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE

Rule 1. Scope and Purpose 1

These rules govern the procedure in all civil actions 2

and proceedings in the United States district courts, except 3

as stated in Rule 81. They should be construed, and 4

administered, and employed by the court and the parties to 5

secure the just, speedy, and inexpensive determination of 6

every action and proceeding. 7

Committee Note

Rule 1 is amended to emphasize that just as the court should construe and administer these rules to secure the just, speedy, and inexpensive determination of every action, so the parties share the responsibility to employ the rules in the same way. Most lawyers and parties cooperate to achieve these ends. But discussions of ways to improve the administration of civil justice regularly include pleas to discourage over-use, misuse, and abuse of procedural tools that increase cost and result in delay. Effective advocacy is

New material is underlined; matter to be omitted is lined through.

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2 FEDERAL RULES OF CIVIL PROCEDURE

consistent with — and indeed depends upon — cooperative and proportional use of procedure. This amendment does not create a new or independent source of sanctions. Neither does it abridge the scope of any other of these rules.

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FEDERAL RULES OF CIVIL PROCEDURE 3

Rule 4. Summons 1

* * * * * 2

(m) Time Limit for Service. If a defendant is not served 3

within 12090 days after the complaint is filed, the 4

court — on motion or on its own after notice to the 5

plaintiff — must dismiss the action without prejudice 6

against that defendant or order that service be made 7

within a specified time. But if the plaintiff shows 8

good cause for the failure, the court must extend the 9

time for service for an appropriate period. This 10

subdivision (m) does not apply to service in a foreign 11

country under Rule 4(f) or 4(j)(1) or to service of a 12

notice under Rule 71.1(d)(3)(A). 13

* * * * * 14

Committee Note Subdivision (m). The presumptive time for serving a defendant is reduced from 120 days to 90 days. This

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change, together with the shortened times for issuing a scheduling order set by amended Rule 16(b)(2), will reduce delay at the beginning of litigation. Shortening the presumptive time for service will increase the frequency of occasions to extend the time for good cause. More time may be needed, for example, when a request to waive service fails, a defendant is difficult to serve, or a marshal is to make service in an in forma pauperis action. The final sentence is amended to make it clear that the reference to Rule 4 in Rule 71.1(d)(3)(A) does not include Rule 4(m). Dismissal under Rule 4(m) for failure to make timely service would be inconsistent with the limits on dismissal established by Rule 71.1(i)(1)(C). Shortening the time to serve under Rule 4(m) means that the time of the notice required by Rule 15(c)(1)(C) for relation back is also shortened.

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Rule 16. Pretrial Conferences; Scheduling; Management 1

* * * * * 2

(b) Scheduling. 3

(1) Scheduling Order. Except in categories of 4

actions exempted by local rule, the district judge 5

— or a magistrate judge when authorized by 6

local rule — must issue a scheduling order: 7

(A) after receiving the parties’ report under 8

Rule 26(f); or 9

(B) after consulting with the parties’ attorneys 10

and any unrepresented parties at a 11

scheduling conference by telephone, mail, 12

or other means. 13

(2) Time to Issue. The judge must issue the 14

scheduling order as soon as practicable, but in 15

any eventunless the judge finds good cause for 16

536


delay, the judge must issue it within the earlier of 17

12090 days after any defendant has been served 18

with the complaint or 9060 days after any 19

defendant has appeared. 20

(3) Contents of the Order. 21

* * * * * 22

(B) Permitted Contents. The scheduling order 23

may: 24

* * * * * 25

(iii) provide for disclosure, ordiscovery, 26

or preservation of electronically 27

stored information; 28

(iv) include any agreements the parties 29

reach for asserting claims of 30

privilege or of protection as trial-31

preparation material after 32

537


information is produced, including 33

agreements reached under Federal 34

Rule of Evidence 502; 35

(v) direct that before moving for an 36

order relating to discovery, the 37

movant must request a conference 38

with the court; 39

(vvi) set dates for pretrial conferences and 40

for trial; and 41

(vivii) include other appropriate matters. 42

* * * * * 43

Committee Note The provision for consulting at a scheduling conference by “telephone, mail, or other means” is deleted. A scheduling conference is more effective if the court and parties engage in direct simultaneous communication. The conference may be held in person, by telephone, or by more sophisticated electronic means.

538


The time to issue the scheduling order is reduced to the earlier of 90 days (not 120 days) after any defendant has been served, or 60 days (not 90 days) after any defendant has appeared. This change, together with the shortened time for making service under Rule 4(m), will reduce delay at the beginning of litigation. At the same time, a new provision recognizes that the court may find good cause to extend the time to issue the scheduling order. In some cases it may be that the parties cannot prepare adequately for a meaningful Rule 26(f) conference and then a scheduling conference in the time allowed. Litigation involving complex issues, multiple parties, and large organizations, public or private, may be more likely to need extra time to establish meaningful collaboration between counsel and the people who can supply the information needed to participate in a useful way. Because the time for the Rule 26(f) conference is geared to the time for the scheduling conference or order, an order extending the time for the scheduling conference will also extend the time for the Rule 26(f) conference. But in most cases it will be desirable to hold at least a first scheduling conference in the time set by the rule. Three items are added to the list of permitted contents in Rule 16(b)(3)(B). The order may provide for preservation of electronically stored information, a topic also added to the provisions of a discovery plan under Rule 26(f)(3)(C). Parallel amendments of Rule 37(e) recognize that a duty to preserve discoverable information may arise before an action is filed.

539


The order also may include agreements incorporated in a court order under Evidence Rule 502 controlling the effects of disclosure of information covered by attorney-client privilege or work-product protection, a topic also added to the provisions of a discovery plan under Rule 26(f)(3)(D). Finally, the order may direct that before filing a motion for an order relating to discovery the movant must request a conference with the court. Many judges who hold such conferences find them an efficient way to resolve most discovery disputes without the delay and burdens attending a formal motion, but the decision whether to require such conferences is left to the discretion of the judge in each case.

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Rule 26. Duty to Disclose; General Provisions 1 Governing Discovery 2

* * * * * 3

(b) Discovery Scope and Limits. 4

(1) Scope in General. Unless otherwise limited by 5

court order, the scope of discovery is as follows: 6

Parties may obtain discovery regarding any 7

nonprivileged matter that is relevant to any 8

party’s claim or defense and proportional to the 9

needs of the case, considering the importance of 10

the issues at stake in the action, the amount in 11

controversy, the parties’ relative access to 12

relevant information, the parties’ resources, the 13

importance of the discovery in resolving the 14

issues, and whether the burden or expense of the 15

proposed discovery outweighs its likely benefit. 16

Information within this scope of discovery need 17

541


not be admissible in evidence to be discoverable. 18

— including the existence, description, nature, 19

custody, condition, and location of any 20

documents or other tangible things and the 21

identity and location of persons who know of 22

any discoverable matter. For good cause, the 23

court may order discovery of any matter relevant 24

to the subject matter involved in the action. 25

Relevant information need not be admissible at 26

the trial if the discovery appears reasonably 27

calculated to lead to the discovery of admissible 28

evidence. All discovery is subject to the 29

limitations imposed by Rule 26(b)(2)(C). 30

(2) Limitations on Frequency and Extent. 31

* * * * * 32

542


(C) When Required. On motion or on its own, 33

the court must limit the frequency or extent 34

of discovery otherwise allowed by these 35

rules or by local rule if it determines that: 36

* * * * * 37

(iii) the burden or expense of the proposed 38

discovery is outside the scope 39

permitted by Rule 26(b)(1)outweighs 40

its likely benefit, considering the 41

needs of the case, the amount in 42

controversy, the parties’ resources, the 43

importance of the issues at stake in the 44

action, and the importance of the 45

discovery in resolving the issues. 46

* * * * * 47

543


(c) Protective Orders. 48

(1) In General. A party or any person from whom 49

discovery is sought may move for a protective 50

order in the court where the action is pending — 51

or as an alternative on matters relating to a 52

deposition, in the court for the district where the 53

deposition will be taken. The motion must 54

include a certification that the movant has in 55

good faith conferred or attempted to confer with 56

other affected parties in an effort to resolve the 57

dispute without court action. The court may, for 58

good cause, issue an order to protect a party or 59

person from annoyance, embarrassment, 60

oppression, or undue burden or expense, 61

including one or more of the following: 62

* * * * * 63

544


(B) specifying terms, including time and 64

place or the allocation of expenses, for the 65

disclosure or discovery; 66

* * * * * 67

(d) Timing and Sequence of Discovery. 68

* * * * * 69

(2) Early Rule 34 Requests. 70

(A) Time to Deliver. More than 21 days after 71

the summons and complaint are served on a 72

party, a request under Rule 34 may be 73

delivered: 74

(i) to that party by any other party, and 75

(ii) by that party to any plaintiff or to any 76

other party that has been served. 77

545


(B) When Considered Served. The request is 78

considered to have been served at the first 79

Rule 26(f) conference. 80

(23) Sequence. Unless, on motion, the parties 81

stipulate or the court orders otherwise for the 82

parties’ and witnesses’ convenience and in the 83

interests of justice: 84

(A) methods of discovery may be used in any 85

sequence; and 86

(B) discovery by one party does not require any 87

other party to delay its discovery. 88

* * * * * 89

(f) Conference of the Parties; Planning for Discovery. 90

* * * * * 91

(3) Discovery Plan. A discovery plan must state the 92

parties’ views and proposals on: 93

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* * * * * 94

(C) any issues about disclosure, ordiscovery, or 95

preservation of electronically stored 96

information, including the form or forms in 97

which it should be produced; 98

(D) any issues about claims of privilege or of 99

protection as trial-preparation materials, 100

including — if the parties agree on a 101

procedure to assert these claims after 102

production — whether to ask the court to 103

include their agreement in an order under 104

Federal Rule of Evidence 502; 105

* * * * * 106

Committee Note

Rule 26(b)(1) is changed in several ways.

547


Information is discoverable under revised Rule 26(b)(1) if it is relevant to any party’s claim or defense and is proportional to the needs of the case. The considerations that bear on proportionality are moved from present Rule 26(b)(2)(C)(iii), slightly rearranged and with one addition. Most of what now appears in Rule 26(b)(2)(C)(iii) was first adopted in 1983. The 1983 provision was explicitly adopted as part of the scope of discovery defined by Rule 26(b)(1). Rule 26(b)(1) directed the court to limit the frequency or extent of use of discovery if it determined that “the discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, limitations on the parties’ resources, and the importance of the issues at stake in the litigation.” At the same time, Rule 26(g) was added. Rule 26(g) provided that signing a discovery request, response, or objection certified that the request, response, or objection was “not unreasonable or unduly burdensome or expensive, given the needs of the case, the discovery already had in the case, the amount in controversy, and the importance of the issues at stake in the litigation.” The parties thus shared the responsibility to honor these limits on the scope of discovery. The 1983 Committee Note stated that the new provisions were added “to deal with the problem of over-discovery. The objective is to guard against redundant or disproportionate discovery by giving the court authority to reduce the amount of discovery that may be directed to matters that are otherwise proper subjects of inquiry. The

548


new sentence is intended to encourage judges to be more aggressive in identifying and discouraging discovery overuse. The grounds mentioned in the amended rule for limiting discovery reflect the existing practice of many courts in issuing protective orders under Rule 26(c). . . . On the whole, however, district judges have been reluctant to limit the use of the discovery devices.” The clear focus of the 1983 provisions may have been softened, although inadvertently, by the amendments made in 1993. The 1993 Committee Note explained: “[F]ormer paragraph (b)(1) [was] subdivided into two paragraphs for ease of reference and to avoid renumbering of paragraphs (3) and (4).” Subdividing the paragraphs, however, was done in a way that could be read to separate the proportionality provisions as “limitations,” no longer an integral part of the (b)(1) scope provisions. That appearance was immediately offset by the next statement in the Note: “Textual changes are then made in new paragraph (2) to enable the court to keep tighter rein on the extent of discovery.” The 1993 amendments added two factors to the considerations that bear on limiting discovery: whether “the burden or expense of the proposed discovery outweighs its likely benefit,” and “the importance of the proposed discovery in resolving the issues.” Addressing these and other limitations added by the 1993 discovery amendments, the Committee Note stated that “[t]he revisions in Rule 26(b)(2) are intended to provide the court with broader discretion to impose additional restrictions on the scope and extent of discovery . . . .”

549


The relationship between Rule 26(b)(1) and (2) was further addressed by an amendment made in 2000 that added a new sentence at the end of (b)(1): “All discovery is subject to the limitations imposed by Rule 26(b)(2)(i), (ii), and (iii)[now Rule 26(b)(2)(C)].” The Committee Note recognized that “[t]hese limitations apply to discovery that is otherwise within the scope of subdivision (b)(1).” It explained that the Committee had been told repeatedly that courts were not using these limitations as originally intended. “This otherwise redundant cross-reference has been added to emphasize the need for active judicial use of subdivision (b)(2) to control excessive discovery.” The present amendment restores the proportionality factors to their original place in defining the scope of discovery. This change reinforces the Rule 26(g) obligation of the parties to consider these factors in making discovery requests, responses, or objections. Restoring the proportionality calculation to Rule 26(b)(1) does not change the existing responsibilities of the court and the parties to consider proportionality, and the change does not place on the party seeking discovery the burden of addressing all proportionality considerations. Nor is the change intended to permit the opposing party to refuse discovery simply by making a boilerplate objection that it is not proportional. The parties and the court have a collective responsibility to consider the proportionality of all discovery and consider it in resolving discovery disputes.

550


The parties may begin discovery without a full appreciation of the factors that bear on proportionality. A party requesting discovery, for example, may have little information about the burden or expense of responding. A party requested to provide discovery may have little information about the importance of the discovery in resolving the issues as understood by the requesting party. Many of these uncertainties should be addressed and reduced in the parties’ Rule 26(f) conference and in scheduling and pretrial conferences with the court. But if the parties continue to disagree, the discovery dispute could be brought before the court and the parties’ responsibilities would remain as they have been since 1983. A party claiming undue burden or expense ordinarily has far better information — perhaps the only information — with respect to that part of the determination. A party claiming that a request is important to resolve the issues should be able to explain the ways in which the underlying information bears on the issues as that party understands them. The court’s responsibility, using all the information provided by the parties, is to consider these and all the other factors in reaching a case-specific determination of the appropriate scope of discovery. The direction to consider the parties’ relative access to relevant information adds new text to provide explicit focus on considerations already implicit in present Rule 26(b)(2)(C)(iii). Some cases involve what often is called “information asymmetry.” One party — often an individual plaintiff — may have very little discoverable information. The other party may have vast amounts of information, including information that can be readily

551


retrieved and information that is more difficult to retrieve. In practice these circumstances often mean that the burden of responding to discovery lies heavier on the party who has more information, and properly so. Restoring proportionality as an express component of the scope of discovery warrants repetition of parts of the 1983 and 1993 Committee Notes that must not be lost from sight. The 1983 Committee Note explained that “[t]he rule contemplates greater judicial involvement in the discovery process and thus acknowledges the reality that it cannot always operate on a self-regulating basis.” The 1993 Committee Note further observed that “[t]he information explosion of recent decades has greatly increased both the potential cost of wide-ranging discovery and the potential for discovery to be used as an instrument for delay or oppression.” What seemed an explosion in 1993 has been exacerbated by the advent of e-discovery. The present amendment again reflects the need for continuing and close judicial involvement in the cases that do not yield readily to the ideal of effective party management. It is expected that discovery will be effectively managed by the parties in many cases. But there will be important occasions for judicial management, both when the parties are legitimately unable to resolve important differences and when the parties fall short of effective, cooperative management on their own. It also is important to repeat the caution that the monetary stakes are only one factor, to be balanced against other factors. The 1983 Committee Note recognized “the significance of the substantive issues, as measured in

552


philosophic, social, or institutional terms. Thus the rule recognizes that many cases in public policy spheres, such as employment practices, free speech, and other matters, may have importance far beyond the monetary amount involved.” Many other substantive areas also may involve litigation that seeks relatively small amounts of money, or no money at all, but that seeks to vindicate vitally important personal or public values. So too, consideration of the parties’ resources does not foreclose discovery requests addressed to an impecunious party, nor justify unlimited discovery requests addressed to a wealthy party. The 1983 Committee Note cautioned that “[t]he court must apply the standards in an even-handed manner that will prevent use of discovery to wage a war of attrition or as a device to coerce a party, whether financially weak or affluent.” The burden or expense of proposed discovery should be determined in a realistic way. This includes the burden or expense of producing electronically stored information. Computer-based methods of searching such information continue to develop, particularly for cases involving large volumes of electronically stored information. Courts and parties should be willing to consider the opportunities for reducing the burden or expense of discovery as reliable means of searching electronically stored information become available. A portion of present Rule 26(b)(1) is omitted from the proposed revision. After allowing discovery of any matter relevant to any party’s claim or defense, the present rule

553


adds: “including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter.” Discovery of such matters is so deeply entrenched in practice that it is no longer necessary to clutter the long text of Rule 26 with these examples. The discovery identified in these examples should still be permitted under the revised rule when relevant and proportional to the needs of the case. Framing intelligent requests for electronically stored information, for example, may require detailed information about another party’s information systems and other information resources. The amendment deletes the former provision authorizing the court, for good cause, to order discovery of any matter relevant to the subject matter involved in the action. The Committee has been informed that this language is rarely invoked. Proportional discovery relevant to any party’s claim or defense suffices, given a proper understanding of what is relevant to a claim or defense. The distinction between matter relevant to a claim or defense and matter relevant to the subject matter was introduced in 2000. The 2000 Note offered three examples of information that, suitably focused, would be relevant to the parties’ claims or defenses. The examples were “other incidents of the same type, or involving the same product”; “information about organizational arrangements or filing systems”; and “information that could be used to impeach a likely witness.” Such discovery is not foreclosed by the amendments. Discovery that is relevant to the parties’ claims or defenses may also support amendment of the

554


pleadings to add a new claim or defense that affects the scope of discovery. The former provision for discovery of relevant but inadmissible information that appears “reasonably calculated to lead to the discovery of admissible evidence” is also deleted. The phrase has been used by some, incorrectly, to define the scope of discovery. As the Committee Note to the 2000 amendments observed, use of the “reasonably calculated” phrase to define the scope of discovery “might swallow any other limitation on the scope of discovery.” The 2000 amendments sought to prevent such misuse by adding the word “Relevant” at the beginning of the sentence, making clear that “‘relevant’ means within the scope of discovery as defined in this subdivision . . . .” The “reasonably calculated” phrase has continued to create problems, however, and is removed by these amendments. It is replaced by the direct statement that “Information within this scope of discovery need not be admissible in evidence to be discoverable.” Discovery of nonprivileged information not admissible in evidence remains available so long as it is otherwise within the scope of discovery. Rule 26(b)(2)(C)(iii) is amended to reflect the transfer of the considerations that bear on proportionality to Rule 26(b)(1). The court still must limit the frequency or extent of proposed discovery, on motion or on its own, if it is outside the scope permitted by Rule 26(b)(1). Rule 26(c)(1)(B) is amended to include an express recognition of protective orders that allocate expenses for

555


disclosure or discovery. Authority to enter such orders is included in the present rule, and courts already exercise this authority. Explicit recognition will forestall the temptation some parties may feel to contest this authority. Recognizing the authority does not imply that cost-shifting should become a common practice. Courts and parties should continue to assume that a responding party ordinarily bears the costs of responding. Rule 26(d)(2) is added to allow a party to deliver Rule 34 requests to another party more than 21 days after that party has been served even though the parties have not yet had a required Rule 26(f) conference. Delivery may be made by any party to the party that has been served, and by that party to any plaintiff and any other party that has been served. Delivery does not count as service; the requests are considered to be served at the first Rule 26(f) conference. Under Rule 34(b)(2)(A) the time to respond runs from service. This relaxation of the discovery moratorium is designed to facilitate focused discussion during the Rule 26(f) conference. Discussion at the conference may produce changes in the requests. The opportunity for advance scrutiny of requests delivered before the Rule 26(f) conference should not affect a decision whether to allow additional time to respond. Rule 26(d)(3) is renumbered and amended to recognize that the parties may stipulate to case-specific sequences of discovery. Rule 26(f)(3) is amended in parallel with Rule 16(b)(3) to add two items to the discovery plan —

556


issues about preserving electronically stored information and court orders under Evidence Rule 502.

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Rule 37. Failure to Make Disclosures or to Cooperate 1 in Discovery; Sanctions 2

(a) Motion for an Order Compelling Disclosure or 3

Discovery. 4

* * * * * 5

(3) Specific Motions. 6

* * * * * 7

(B) To Compel a Discovery Response. A party 8

seeking discovery may move for an order 9

compelling an answer, designation, 10

production, or inspection. This motion may 11

be made if: 12

* * * * * 13

(iv) a party fails to produce documents or 14

fails to respond that inspection will be 15

permitted — or fails to permit 16

558


inspection — as requested under 17

Rule 34. 18

* * * * * 19

(e) Failure to ProvidePreserve Electronically Stored 20

Information. Absent exceptional circumstances, a 21

court may not impose sanctions under these rules on a 22

party for failing to provide electronically stored 23

information lost as a result of the routine, good-faith 24

operation of an electronic information system.If 25

electronically stored information that should have 26

been preserved in the anticipation or conduct of 27

litigation is lost because a party failed to take 28

reasonable steps to preserve it, and it cannot be 29

restored or replaced through additional discovery, the 30

court: 31

559


(1) upon finding prejudice to another party from loss 32

of the information, may order measures no 33

greater than necessary to cure the prejudice; or 34

(2) only upon finding that the party acted with the 35

intent to deprive another party of the 36

information’s use in the litigation may: 37

(A) presume that the lost information was 38

unfavorable to the party; 39

(B) instruct the jury that it may or must 40

presume the information was unfavorable to 41

the party; or 42

(C) dismiss the action or enter a default 43

judgment. 44

* * * * * 45

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Committee Note Subdivision (a). Rule 37(a)(3)(B)(iv) is amended to reflect the common practice of producing copies of documents or electronically stored information rather than simply permitting inspection. This change brings item (iv) into line with paragraph (B), which provides a motion for an order compelling “production, or inspection.” Subdivision (e). Present Rule 37(e), adopted in 2006, provides: “Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system.” This limited rule has not adequately addressed the serious problems resulting from the continued exponential growth in the volume of such information. Federal circuits have established significantly different standards for imposing sanctions or curative measures on parties who fail to preserve electronically stored information. These developments have caused litigants to expend excessive effort and money on preservation in order to avoid the risk of severe sanctions if a court finds they did not do enough. New Rule 37(e) replaces the 2006 rule. It authorizes and specifies measures a court may employ if information that should have been preserved is lost, and specifies the findings necessary to justify these measures. It therefore forecloses reliance on inherent authority or state law to determine when certain measures should be used. The rule does not affect the validity of an independent tort claim for

561


spoliation if state law applies in a case and authorizes the claim. The new rule applies only to electronically stored information, also the focus of the 2006 rule. It applies only when such information is lost. Because electronically stored information often exists in multiple locations, loss from one source may often be harmless when substitute information can be found elsewhere. The new rule applies only if the lost information should have been preserved in the anticipation or conduct of litigation and the party failed to take reasonable steps to preserve it. Many court decisions hold that potential litigants have a duty to preserve relevant information when litigation is reasonably foreseeable. Rule 37(e) is based on this common-law duty; it does not attempt to create a new duty to preserve. The rule does not apply when information is lost before a duty to preserve arises. In applying the rule, a court may need to decide whether and when a duty to preserve arose. Courts should consider the extent to which a party was on notice that litigation was likely and that the information would be relevant. A variety of events may alert a party to the prospect of litigation. Often these events provide only limited information about that prospective litigation, however, so that the scope of information that should be preserved may remain uncertain. It is important not to be blinded to this reality by hindsight arising from familiarity with an action as it is actually filed.

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Although the rule focuses on the common-law obligation to preserve in the anticipation or conduct of litigation, courts may sometimes consider whether there was an independent requirement that the lost information be preserved. Such requirements arise from many sources — statutes, administrative regulations, an order in another case, or a party’s own information-retention protocols. The court should be sensitive, however, to the fact that such independent preservation requirements may be addressed to a wide variety of concerns unrelated to the current litigation. The fact that a party had an independent obligation to preserve information does not necessarily mean that it had such a duty with respect to the litigation, and the fact that the party failed to observe some other preservation obligation does not itself prove that its efforts to preserve were not reasonable with respect to a particular case. The duty to preserve may in some instances be triggered or clarified by a court order in the case. Preservation orders may become more common, in part because Rules 16(b)(3)(B)(iii) and 26(f)(3)(C) are amended to encourage discovery plans and orders that address preservation. Once litigation has commenced, if the parties cannot reach agreement about preservation issues, promptly seeking judicial guidance about the extent of reasonable preservation may be important. The rule applies only if the information was lost because the party failed to take reasonable steps to preserve the information. Due to the ever-increasing volume of electronically stored information and the multitude of

563


devices that generate such information, perfection in preserving all relevant electronically stored information is often impossible. As under the current rule, the routine, good-faith operation of an electronic information system would be a relevant factor for the court to consider in evaluating whether a party failed to take reasonable steps to preserve lost information, although the prospect of litigation may call for reasonable steps to preserve information by intervening in that routine operation. This rule recognizes that “reasonable steps” to preserve suffice; it does not call for perfection. The court should be sensitive to the party’s sophistication with regard to litigation in evaluating preservation efforts; some litigants, particularly individual litigants, may be less familiar with preservation obligations than others who have considerable experience in litigation. Because the rule calls only for reasonable steps to preserve, it is inapplicable when the loss of information occurs despite the party’s reasonable steps to preserve. For example, the information may not be in the party’s control. Or information the party has preserved may be destroyed by events outside the party’s control — the computer room may be flooded, a “cloud” service may fail, a malign software attack may disrupt a storage system, and so on. Courts may, however, need to assess the extent to which a party knew of and protected against such risks. Another factor in evaluating the reasonableness of preservation efforts is proportionality. The court should be sensitive to party resources; aggressive preservation efforts can be extremely costly, and parties (including

564


governmental parties) may have limited staff and resources to devote to those efforts. A party may act reasonably by choosing a less costly form of information preservation, if it is substantially as effective as more costly forms. It is important that counsel become familiar with their clients’ information systems and digital data — including social media — to address these issues. A party urging that preservation requests are disproportionate may need to provide specifics about these matters in order to enable meaningful discussion of the appropriate preservation regime. When a party fails to take reasonable steps to preserve electronically stored information that should have been preserved in the anticipation or conduct of litigation, and the information is lost as a result, Rule 37(e) directs that the initial focus should be on whether the lost information can be restored or replaced through additional discovery. Nothing in the rule limits the court’s powers under Rules 16 and 26 to authorize additional discovery. Orders under Rule 26(b)(2)(B) regarding discovery from sources that would ordinarily be considered inaccessible or under Rule 26(c)(1)(B) on allocation of expenses may be pertinent to solving such problems. If the information is restored or replaced, no further measures should be taken. At the same time, it is important to emphasize that efforts to restore or replace lost information through discovery should be proportional to the apparent importance of the lost information to claims or defenses in the litigation. For example, substantial measures should not be employed to restore or replace information that is marginally relevant or duplicative.

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Subdivision (e)(1). This subdivision applies only if information should have been preserved in the anticipation or conduct of litigation, a party failed to take reasonable steps to preserve the information, information was lost as a result, and the information could not be restored or replaced by additional discovery. In addition, a court may resort to (e)(1) measures only “upon finding prejudice to another party from loss of the information.” An evaluation of prejudice from the loss of information necessarily includes an evaluation of the information’s importance in the litigation. The rule does not place a burden of proving or disproving prejudice on one party or the other. Determining the content of lost information may be a difficult task in some cases, and placing the burden of proving prejudice on the party that did not lose the information may be unfair. In other situations, however, the content of the lost information may be fairly evident, the information may appear to be unimportant, or the abundance of preserved information may appear sufficient to meet the needs of all parties. Requiring the party seeking curative measures to prove prejudice may be reasonable in such situations. The rule leaves judges with discretion to determine how best to assess prejudice in particular cases. Once a finding of prejudice is made, the court is authorized to employ measures “no greater than necessary to cure the prejudice.” The range of such measures is quite broad if they are necessary for this purpose. There is no all-purpose hierarchy of the severity of various measures;

566


the severity of given measures must be calibrated in terms of their effect on the particular case. But authority to order measures no greater than necessary to cure prejudice does not require the court to adopt measures to cure every possible prejudicial effect. Much is entrusted to the court’s discretion. In an appropriate case, it may be that serious measures are necessary to cure prejudice found by the court, such as forbidding the party that failed to preserve information from putting on certain evidence, permitting the parties to present evidence and argument to the jury regarding the loss of information, or giving the jury instructions to assist in its evaluation of such evidence or argument, other than instructions to which subdivision (e)(2) applies. Care must be taken, however, to ensure that curative measures under subdivision (e)(1) do not have the effect of measures that are permitted under subdivision (e)(2) only on a finding of intent to deprive another party of the lost information’s use in the litigation. An example of an inappropriate (e)(1) measure might be an order striking pleadings related to, or precluding a party from offering any evidence in support of, the central or only claim or defense in the case. On the other hand, it may be appropriate to exclude a specific item of evidence to offset prejudice caused by failure to preserve other evidence that might contradict the excluded item of evidence. Subdivision (e)(2). This subdivision authorizes courts to use specified and very severe measures to address or deter failures to preserve electronically stored information, but only on finding that the party that lost the

567


information acted with the intent to deprive another party of the information’s use in the litigation. It is designed to provide a uniform standard in federal court for use of these serious measures when addressing failure to preserve electronically stored information. It rejects cases such as Residential Funding Corp. v. DeGeorge Financial Corp., 306 F.3d 99 (2d Cir. 2002), that authorize the giving of adverse-inference instructions on a finding of negligence or gross negligence. Adverse-inference instructions were developed on the premise that a party’s intentional loss or destruction of evidence to prevent its use in litigation gives rise to a reasonable inference that the evidence was unfavorable to the party responsible for loss or destruction of the evidence. Negligent or even grossly negligent behavior does not logically support that inference. Information lost through negligence may have been favorable to either party, including the party that lost it, and inferring that it was unfavorable to that party may tip the balance at trial in ways the lost information never would have. The better rule for the negligent or grossly negligent loss of electronically stored information is to preserve a broad range of measures to cure prejudice caused by its loss, but to limit the most severe measures to instances of intentional loss or destruction. Similar reasons apply to limiting the court’s authority to presume or infer that the lost information was unfavorable to the party who lost it when ruling on a pretrial motion or presiding at a bench trial. Subdivision (e)(2) limits the ability of courts to draw

568


adverse inferences based on the loss of information in these circumstances, permitting them only when a court finds that the information was lost with the intent to prevent its use in litigation. Subdivision (e)(2) applies to jury instructions that permit or require the jury to presume or infer that lost information was unfavorable to the party that lost it. Thus, it covers any instruction that directs or permits the jury to infer from the loss of information that it was in fact unfavorable to the party that lost it. The subdivision does not apply to jury instructions that do not involve such an inference. For example, subdivision (e)(2) would not prohibit a court from allowing the parties to present evidence to the jury concerning the loss and likely relevance of information and instructing the jury that it may consider that evidence, along with all the other evidence in the case, in making its decision. These measures, which would not involve instructing a jury it may draw an adverse inference from loss of information, would be available under subdivision (e)(1) if no greater than necessary to cure prejudice. In addition, subdivision (e)(2) does not limit the discretion of courts to give traditional missing evidence instructions based on a party’s failure to present evidence it has in its possession at the time of trial. Subdivision (e)(2) requires a finding that the party acted with the intent to deprive another party of the information’s use in the litigation. This finding may be made by the court when ruling on a pretrial motion, when presiding at a bench trial, or when deciding whether to give an adverse inference instruction at trial. If a court were to

569


conclude that the intent finding should be made by a jury, the court’s instruction should make clear that the jury may infer from the loss of the information that it was unfavorable to the party that lost it only if the jury first finds that the party acted with the intent to deprive another party of the information’s use in the litigation. If the jury does not make this finding, it may not infer from the loss that the information was unfavorable to the party that lost it. Subdivision (e)(2) does not include a requirement that the court find prejudice to the party deprived of the information. This is because the finding of intent required by the subdivision can support not only an inference that the lost information was unfavorable to the party that intentionally destroyed it, but also an inference that the opposing party was prejudiced by the loss of information that would have favored its position. Subdivision (e)(2) does not require any further finding of prejudice. Courts should exercise caution, however, in using the measures specified in (e)(2). Finding an intent to deprive another party of the lost information’s use in the litigation does not require a court to adopt any of the measures listed in subdivision (e)(2). The remedy should fit the wrong, and the severe measures authorized by this subdivision should not be used when the information lost was relatively unimportant or lesser measures such as those specified in subdivision (e)(1) would be sufficient to redress the loss.

570

Case #Lead

Debtor's Last Name

Debtor's Attorney

Date Motion Seeking

Mortgage Mediation

Filed

Date of Order Granting Mortgage Mediation

Date Mediator Appointed

Mediator

Days from Assignment of

Mediator to Completion of

Mediation

Modification

Achieved?

Date of Ch 12/13

Confirmation Order or Ch 7

Trustee's Final Report

Unique Circumstances / Comments Explaining Status

06-10200 Johnson T. Taylor 8/31/2012 5/23/2013 None Emens-Butler 307 Yes 8/9/2007 TFR Approved Color Key07-10296 Gour R. Rice 9/6/2011 9/26/2011 None Unknown N/A Unknown; CC 7/2/2007 Mediation Closed

07-10357 Kwiatowski D. Lynch 10/24/2011 10/24/2011 None Unknown 443 Yes 4/10/2008 Open cases

07-10430 Carrington R. Rice 8/25/2011 9/29/2011 1/22/2013 (consent)Mayer N/A N/A 8/21/2007 Trustee's Motion to Dismiss granted Awaiting Motion to Close Mediation

07-10766 Hildebrandt R. Rice 9/21/2011 10/14/2011 None Unknown N/A Yes 7/29/2010 Chapter 7 Cases

08-10130 Aunchman R. Rice 10/14/2011 11/10/2011 None Emens-Butler 275 Yes 6/5/2008 TFR Approved Modification achieved

08-10379 Luurtsema R. Rice 8/26/2011 9/26/2011 None Mayer 332 No 8/12/2008 without Motion to Approve

08-10468 Sanborn R. Rice 8/15/2011 8/31/2011 10/18/2011 Emens-Butler 493 Yes 7/1/2008 Loan Modification

08-10500 Bixby R. Rice 12/19/2011 1/13/2012 4/18/2012 Mayer 664 Yes 10/28/2013

08-10511 Perrotta R. Rice 1/26/2012 2/14/2012 4/18/2012 Edwards N/A Unknown; CC 8/12/2008

08-10622 Batchelder R. Rice 2/3/2014 2/18/2014 None Mayer N/A N/A 8/29/2008 Mediation ongoing; status hearing set for 12/4/2015

08-10707 Jennings R. Rice 1/31/2012 2/16/2012 None Mayer N/A Unknown; CC 10/6/2008

08-10726 Knudsen R. Rice 12/8/2011 12/23/2011 None Unknown N/A N/A 9/30/2008 Mediation unsuccessful but Modification thereafter agreed-upon

08-10820 Hoyt T. Taylor 8/14/2012 9/7/2012 None N/A N/A Unknown; CC 12/4/2008

08-10877 Jordan K. Walls 6/21/2012 8/16/2012 8/21/2012 Edwards N/A No 1/7/2009 Bad Faith; Sanctions awarded to D for C's failure to comply

08-10894 Commo T. Taylor 3/11/2014 4/2/2014 None Cooper N/A N/A 12/17/2008 Mediation ongoing; Creditor's Motion to Compel granted

08-10895 Norton R. Rice 11/15/2011 11/30/2011 2/7/2013 Mayer 421 Yes 11/4/2008

08-11064 Pereau R. Rice Not Entered N/A N/A Unknown; CC 3/5/2009

09-10061 Martel R. Rice 6/11/2012 N/A 10/26/2012 Mayer N/A Yes 6/2/2009 Second Mortgage

09-10061 Martel R. Rice 6/11/2012 6/26/2012 10/26/2012 Mayer 174 Yes 6/2/2009 First Mortgage

09-10238 Francis R. Rice 1/17/2012 2/6/2012 10/3/2012 Scholes 370 Yes 7/8/2009

09-10257 Coseo T. Taylor 11/19/2012 12/6/2012 None Unknown 635 Yes 5/14/2009 Motion to Compel Creditor filed, granted

09-10289 Linteau R. Rice 8/16/2011 8/31/2011 None Unknown 90 Yes 12/14/2009

09-10337 Schoen R. Rice 3/26/2012 4/25/2012 5/21/2012 Mayer N/A No 8/25/2009

09-10389 Frobel T. Taylor 10/8/2012 N/A N/A N/A N/A N/A 8/28/2009 Motion withdrawn; D pursuing mediation outside of Bankruptcy.

09-10459 Pitner R. Rice 10/11/2011 10/27/2011 None Unknown 445 Yes 6/22/2009

09-10504 Tomasi R. Rice 8/25/2011 9/12/2011 11/8/2012 Mayer 592 Yes 11/23/2009

09-10559 Dryden R. Rice 12/19/2011 4/16/2012 4/27/2012 Scholes 146 Yes 9/18/2009

09-10744 Myette D. Leahy 6/7/2013 6/7/2013 8/5/2015 Emens-Butler N/A Unknown 2/23/2010 Status hearing set for 2/26/2016

09-10818 Cheeseman T. Taylor 5/16/2012 6/21/2012 None Lang 574 Yes 10/23/2009

09-10904 Perkins R. Rice 12/16/2013 1/2/2014 3/19/2014 Mayer N/A N/A 10/22/2009 Status hearing set for 2/26/2016

09-10917 Auclair T. Taylor 5/22/2015 6/9/2015 9/14/2015 Cooper N/A N/A 1/5/2010 Mediation Ongoing

09-10961 Barkley R. Rice 1/31/2012 2/16/2012 4/18/2012 Emens-Butler 163 No 2/24/2010

09-11118 Carpenter R. Rice 5/11/2012 6/1/2012 6/7/2012 Emens-Butler 811 Yes 11/23/2009

09-11247 Brown R. Rice 8/25/2011 11/10/2011 None Mayer 425 No 8/31/2010

09-11253 Mobbs T. Taylor 11/30/2011 1/6/2012 4/18/2012 Lang 264 Yes 1/10/2014 Mediation unsuccessful but Modification thereafter agreed-upon

09-11279 Knapp R. Rice 6/18/2013 7/3/2013 3/20/2014 Mayer 393 Yes 1/5/2011

09-11382 Steinberg R. Rice 7/3/2013 N/A N/A N/A N/A N/A 2/2/2010 Case dismissed

09-11455 Connor R. Rice 12/8/2011 12/23/2011 1/5/2012 (consent)Emens-Butler 65 Yes 8/12/2010

10-10011 Haseman R. Rice 8/15/2011 11/15/2011 None Emens-Butler 120 No 4/15/2010

10-10049 Gibbs R. Rice 1/2/2013 N/A N/A N/A N/A N/A 3/29/2010 Motion withdrawn

10-10457 Babcock D. Leahy 6/11/2013 7/1/2013 None N/A N/A Yes 8/9/2010 Awaiting Motion to Close Mediation

10-10547 Remington R. Rice 10/1/2012 N/A N/A N/A N/A N/A 7/8/2010 Motion withdrawn, property surrendered

10-10586 Jennings R. Rice 5/9/2013 5/24/2013 None Mayer 314 Yes 5/15/2012

10-10736 Manning R. Rice 12/8/2011 12/23/2011 12/29/2011 (consent)Emens-Butler 382 Yes 8/6/2010

10-10836 Martin T. Taylor 10/22/2013 11/6/2013 12/4/2013 Edwards N/A Yes 8/25/2010

10-10955 Martin T. Taylor 4/13/2012 5/18/2012 6/4/2012 Edwards 120 No 1/12/2011

10-11058 O'Brien T. Taylor 4/27/2011 N/A N/A N/A N/A N/A N/A Dismissed

10-11063 Jodoin T. Taylor 4/27/2011 6/7/2011 2/14/13 (consent) Emens-Butler 61 Yes 1/13/2011 Dismissed

571

10-11100 Sullivan D. Leahy 8/30/2012 8/30/2012 8/30/2012 Edwards N/A Unknown; CC 6/13/2011

10-11262 O'Connor R. Rice 5/21/2014 6/5/2014 6/12/2014 Mayer N/A Yes 12/14/2010

10-11377 Buzzell R. Rice 11/10/2014 12/1/2014 1/29/2015 Emens-Butler N/A Yes 9/28/2011 Awaiting Motion to Close Mediation

10-11451 Lis R. Rice 11/30/2011 12/20/2011 None Unknown 988 Yes 8/31/2011

10-11598 Ward T. Taylor 4/2/2012 N/A N/A N/A N/A N/A 4/20/2011 Motion withdrawn

11-10002 Lawton N. Geise 10/12/2011 10/27/2011 None Unknown 61 Yes 7/11/2011

11-10079 King T. Taylor 9/26/2011 10/7/2011 N/A N/A N/A Yes N/A

11-10429 Chamberlain P. Kulig 1/4/2012 N/A N/A N/A N/A N/A 6/7/2011 No Action on Motion. Case Closed

11-10445 Wiehe R. Rice 2/26/2014 3/17/2014 4/25/2014 Mayer N/A No 9/11/2012

11-10510 White R. Rice 8/10/2011 8/29/2011 9/21/2011 (consent)Emens-Butler 282 Yes N/A Dismissed by Debtors

11-10516 Bearor T. Taylor 5/29/2012 6/21/2012 None Lang 71 No 9/18/2012 Case Converted to Chapter 7; Case Closed

11-10709 Smith R. Rice 12/8/2011 1/18/2012 None Emens-Butler 589 No 2/6/2013 Mediation Terminated, substantial failure to comply by D

11-10729 Harrington R. Rice 9/13/2011 1/18/2012 1/27/2012 (consent)Cooper 54 Yes 9/3/2013

11-10793 LaRose R. Rice 12/8/2011 12/23/2011 1/23/2012 (consent)Mayer 582 Yes 1/26/2012

11-10859 Laplante R. Rice 10/20/2011 11/9/2011 11/23/2011 (consent)Mayer 258 Yes 1/2/2013

11-10891 Galaske R. Rice 10/20/2011 10/9/2012 10/15/2012 Emens-Butler 337 Yes 11/17/2011

11-10935 French R. Rice 1/31/2012 2/17/2012 8/3/2012 Edwards 535 Yes 3/12/2014

11-11008 Wade R. Rice 2/6/2012 2/27/2012 4/18/2012 Scholes 614 Yes 9/9/2013

11-11031 Hollander R. Rice 12/8/2011 12/23/2011 1/24/2012 (consent)Mayer 978 No 3/28/2013

11-11034 Mermelstein R. Rice 1/31/2012 12/16/2012 6/22/2012 Edwards N/A Yes 5/22/2013 First Mortgage

11-11034 Mermelstein R. Rice 1/31/2012 12/16/2012 11/26/2014 Emens-Butler N/A Yes 5/22/2013 Second Mortgage

11-11080 Brownell T. Taylor 3/12/2012 4/9/2012 4/30/2012 Lang 115 Yes 11/6/2013 No Agreement Reached in Mediation

11-11127 Monty T. Taylor 2/13/2012 3/8/2012 4/18/2012 Lang N/A N/A 3/25/2013 Mediation Ongoing

12-10009 Handren D. Leahy 2/23/2012 3/22/2012 4/18/2012 Emens-Butler N/A Unknown; CC 6/4/2013 Case Converted to Chapter 7

12-10033 Davis A. Klingler 1/16/2012 2/6/2012 4/18/2012 Mayer 9 Yes 10/31/2012

12-10040 Jones R. Rice 8/30/2012 9/19/2012 12/6/2012 Scholes 96 Yes 3/21/2012

12-10110 Bates R. Rice 2/16/2012 3/26/2012 4/18/2012 Mayer 736 Yes 6/16/2014

12-10117 Albright T. Taylor 3/21/2012 5/16/2012 5/17/2012 Emens-Butler 242 Yes Ch 7

12-10183 Rolfe D. Leahy 4/9/2012 4/27/2012 None Unknown N/A N/A 7/30/2012 Motion Vacated

12-10193 Harrington A. Klingler 4/17/2012 5/24/2012 6/4/2012 Steckel 392 Yes 8/27/2013

12-10206 Becker D. Hayes 3/14/2012 4/9/2012 4/18/2012 Valdes 273 Yes 2/26/2013

12-10210 Ovitt T. Taylor 5/16/2012 6/21/2012 6/27/2012 Lang 64 No 11/28/2012 No Agreement Reached; Case Dismissed

12-10212 Tinker T. Taylor 3/21/2012 5/17/2012 8/1/2012 Valdes 294 No 2/1/2013

12-10242 Elder T. Taylor 4/9/2012 5/18/2012 6/4/2012 Emens-Butler N/A N/A N/A Case Dismissed

12-10255 Adams T. Taylor 4/11/2012 5/16/2012 5/17/2012 Edwards N/A Yes 2/26/2013

12-10260 Fortin T. Taylor 4/12/2012 5/16/2012 6/4/2012 Emens-Butler 472 Yes 10/31/2012

12-10267 Guffey R. Rice 5/3/2012 5/23/2012 5/2/2013 (consent)Emens-Butler 488 No N/A Property Surrendered

12-10268 Pearo R. Rice 5/3/2012 2/23/2012 None Mayer 916 Yes 6/11/2012

12-10282 Chalifoux T. Taylor 4/17/2012 5/16/2012 None Valdes 603 Yes 4/11/2013

12-10314 Ashline T. Taylor 4/24/2012 5/18/2012 8/15/2012 Edwards 638 No 7/8/2013

12-10318 Lepage T. Taylor 5/18/2012 6/21/2012 12/5/2012 Mayer 108 Yes 11/28/2012

12-10326 Stiles T. Taylor 4/24/2012 N/A N/A N/A N/A Yes 4/4/2013

12-10344 Hanson R. Rice 5/31/2012 9/6/2012 9/17/2012 Scholes 88 Yes 6/3/2013

12-10347 Remillard T. Taylor 5/16/2012 6/21/2012 6/27/2012 Edwards 798 Yes 2/1/2013

12-10353 Robins R. Rice 5/3/2012 5/23/2012 9/19/2012 Mayer 600 Yes 6/19/2012

12-10360 Hayes T. Taylor 6/18/2012 N/A N/A N/A N/A N/A N/A Withdrawn

12-10374 Baker N. Geise 6/7/2012 6/26/2012 8/24/2012 Mayer 133 Yes 6/7/2012

12-10396 Daudelin T. Taylor 5/10/2012 6/22/2012 11/5/2012 Lang 63 Yes 2/26/2013

12-10407 Frey N. Geise 5/17/2012 7/12/2012 None N/A 782 No 9/30/2014 Property Surrendered

12-10427 Davis D. Leahy 7/12/2012 8/8/2012 8/13/2012 Mayer 508 No 7/18/2012 Motion to Close filed by C

572

12-10434 Blondin T. Taylor 5/29/2012 6/21/2012 6/27/2012 Edwards N/A N/A 6/11/2013 Case Dismissed

12-10453 Nichols T. Taylor 6/15/2012 N/A N/A N/A N/A N/A N/A Withdrawn; Case Dismissed

12-10466 Caruso D. Leahy 12/13/2013 7/16/2012 8/1/2012 Mayer 387 Yes 7/16/2012 Modified

12-10474 Driver T. Taylor 6/18/2012 7/9/2012 8/29/2012 Valdes N/A No N/A Case Dismissed

12-10495 Holley D. Leahy 7/12/2012 8/7/2012 8/13/2012 Rice N/A Yes 10/18/2012 Awaiting Motion to Close Mediation

12-10496 Baker R. Rice 5/14/2013 5/30/2013 None Unknown N/A Yes 7/18/2012

12-10502 Bouchard T. Taylor 6/19/2012 7/9/2012 7/26/2012 (consent)Edwards 502 Yes 2/26/2013

12-10510 Brown T. Taylor 6/19/2012 7/9/2012 8/29/2012 Mayer N/A Unknown; CC 6/5/2013 Case converted and closed

12-10519 Randall T. Taylor 7/25/2012 10/4/2012 1/30/2013 Adams N/A N/A 4/11/2013 Withdrawn

12-10549 LaFountain T. Taylor 8/10/2012 9/7/2012 3/19/2014 Edwards N/A No 3/25/2013

12-10600 Doucette R. Rice 8/30/2012 9/19/2012 None Unknown N/A Unknown; CC 1/7/2014

12-10619 Rivers R. Rice 8/30/2012 9/19/2012 None Unknown N/A N/A 10/31/2012 Dismissed

12-10621 Lind R. Rice 10/10/2012 11/1/2012 12/5/2012 Mayer 450 No 10/9/2012

12-10745 Deluca R. Rice 5/23/2014 6/9/2014 None Unknown N/A 3/4/2015 Mediation Ongoing

12-10751 Macari R. Rice 5/24/2013 5/24/2013 None Unknown 460 Yes 11/25/2013

12-10754 McPhee R. Rice 3/17/2014 4/1/2014 None Unknown N/A N/A 5/6/2013

12-10764 Zelhof T. Taylor 10/30/2012 11/21/2012 11/30/2012 Edwards N/A Unknown; CC 12/5/2012

12-10818 Elwood T. Hawkins 1/15/2013 2/26/2013 5/17/2013 Rice N/A Yes 3/11/2014

12-10855 Schultz T. Taylor 10/30/2012 11/21/2012 4/11/2013 Cooper 39 No 12/5/2012 Debtor withdrew from mediation. Surrendered property

12-10864 Pawlowski K. Walls 1/14/2013 1/31/2013 2/12/2013 Rice 497 Yes 9/8/2014

12-10879 Lyddy R. Rice 2/21/2013 Denied N/A N/A N/A N/A N/A Motion denied

12-10929 Ingram R. Rice 12/18/2012 1/22/2013 2/11/13 (consent) Kelley N/A Unknown 7/17/2013 Awaiting Motion to Close Mediation

12-10935 Beam R. Rice 2/21/2013 3/12/2013 5/10/2013 Emens-Butler 324 Yes 6/13/2014

12-10968 Greenia T. Taylor 1/7/2013 1/25/2013 2/12/2013 Edwards N/A Unknown; CC 3/7/2013

12-11015 Wahlstrom R. Rice 2/27/2013 3/19/2013 Emens-Butler 257 Yes 4/11/2013

13-10009 Holmes D. Hayes 5/1/2013 5/3/2013 None Unknown N/A Yes 8/27/2013 Awaiting Motion to Close Mediation

13-10076 McBride J. Gravel 3/7/2013 N/A N/A N/A N/A N/A 3/7/2013 Motion withdrawn

13-10091 Mahoney R. Rice 4/15/2013 5/1/2013 2/18/2014 Mayer N/A Yes 7/23/2013 Awaiting Motion to Close Mediation

13-10120 Reyes R. Rice 5/23/2013 6/7/2013 None Mayer 189 No 8/7/2013

13-10209 Timmermans A. Klingler 3/25/2013 5/17/2013 8/12/2013 Cooper N/A N/A 8/26/2013 Mediation Ongoing; Debtor's Oral Motion to Compel granted

13-10210 Lieske T. Taylor 6/10/2013 N/A N/A N/A N/A N/A 8/13/2013 Motion withdrawn

13-10226 Campbell T. Taylor 6/14/2013 7/17/2013 7/29/2013 Mayer N/A Yes 9/10/2013

13-10260 Merrill R. Rice 6/7/2013 7/1/2013 7/11/2013 Emens-Butler 419 No 8/7/2013 Debtor Withdrew.

13-10271 Wimble T. Taylor 5/24/2013 7/17/2013 7/24/2013 Edwards 310 Yes 6/5/2013

13-10292 Barnes R. Rice 5/23/2013 6/7/2013 12/5/2013 Mayer N/A N/A 7/23/2013 Mediation Ongoing

13-10322 Williams T. Taylor 8/9/2013 9/5/2013 None Unknown N/A Yes N/A

13-10358 Streeter T. Taylor 6/14/2013 7/17/2013 7/31/2013 Mayer N/A N/A 1/27/2014 Case Dismissed

13-10374 Wilde T. Taylor 7/10/2013 8/9/2013 9/6/2013 Edwards N/A N/A 8/21/2013 Case Dismissed

13-10402 Scribner D. Lynch 6/17/2013 7/8/2013 None N/A N/A Unknown; CC 10/3/2013 Motion Withdrawn (after entry of Order Granting Mediation)

13-10408 Russin D. Hayes 7/9/2013 7/9/2013 8/6/2013 Mayer N/A Yes 8/27/2013

13-10424 Whitham T. Taylor 7/1/2013 7/17/2013 9/4/2013 Edwards N/A Yes N/A

13-10439 Emerick R. Rice 11/12/2013 11/27/2013 None Mayer N/A N/A 1/2/2014

13-10457 Martell T. Taylor 6/28/2013 7/17/2013 7/29/2013 Mayer 375 No N/A

13-10477 Petelle R. Rice 8/29/2013 9/13/2013 12/5/2013 Mayer N/A N/A 9/9/2013 Case Dismissed

13-10482 Campbell A. Klingler 2/3/2015 3/12/2015 3/12/2015 Emens-Butler N/A N/A N/A Mediation Ongoing; status hearing set for 12/18/2015

13-10530 Kipp H. Cooper 10/14/2013 11/6/2013 11/8/2013 Mayer N/A Yes 12/9/2013 Awaiting Motion to Close Mediation

13-10540 Hasleton T. Taylor 8/26/2013 10/4/2013 11/4/2013 Emens-Butler N/A N/A N/A Case Dismissed

13-10543 Leddick T. Taylor 8/27/2013 11/6/2013 5/16/2014 Mayer N/A N/A 1/7/2014

13-10552 Newhall R. Rice 10/11/2013 10/29/2013 12/5/2013 Mayer 265 Yes 11/25/2013

13-10562 Wright T. Taylor 9/26/2013 10/31/2013 11/1/2013 Mayer N/A Yes 1/27/2014

573

13-10563 Davis T. Taylor 9/30/2013 10/16/2013 11/18/2013 Emens-Butler 134 No 11/7/2013

13-10612 White T. Taylor 8/31/2013 10/17/2013 None Edwards 174 N/A 11/7/2013 Motion Vacated

13-10614 Bergeron D. Hayes 10/3/2013 10/21/2013 10/28/2013 Mayer 114 Yes 1/2/2014

13-10645 Deuso T. Taylor 12/19/2013 1/6/2014 5/30/2014 Mayer N/A N/A 1/27/2014 Case Dismissed

13-10647 Ryan T. Taylor 10/1/2013 11/4/2013 None Unknown 38 N/A 1/10/2014 Case converted Mediation Closed

13-10669 Bird T. Taylor 11/4/2013 11/22/2013 1/20/2015 Mayer N/A Unknown 11/7/2013 Case closed; Mediation Closed

13-10672 Dubie T. Taylor 10/23/2013 11/18/2013 12/5/2013 Mayer N/A No 11/7/2013

13-10760 Parker R. Rice 12/16/2013 1/2/2014 1/16/2014 Mayer 552 Yes 6/4/2014

13-10781 Bombard T. Taylor 12/5/2013 2/13/2014 3/5/2014 Mayer 442 No 12/4/2013

13-10782 Domina T. Taylor 11/20/2013 12/13/2013 2/20/2014 Mayer 340 Unknown 12/11/2013

13-10785 Kirkpatrick T. Taylor 12/30/2013 4/29/2014 5/7/2014 Mayer 96 Yes N/A

13-10874 Hill R. Rice 1/23/2014 2/18/2014 3/20/14 (consent) Mayer N/A Yes 5/27/2014

14-10004 Domina T. Taylor 2/25/2014 7/24/2014 7/31/2014 Mayer N/A N/A N/A Mediation Ongoing

14-10014 Goes R. Rice 3/17/2014 4/1/2014 None Unknown N/A N/A N/A Case Dismissed

14-10035 Elder K. Walls 3/25/2014 4/14/2014 5/7/2014 Rice N/A N/A N/A Case Dismissed

14-10038 Moreno K. Walls 3/6/2014 4/17/2014 5/1/2014 Emens-Butler N/A Yes 6/23/2014 D's Atty w/drew; dispute about mediator fees; awaiting Motion to Close Mediation

14-10047 Austin R. Rice 3/17/2014 4/2/2014 5/7/2014 Emens-Butler N/A N/A N/A Mediation Presumed Open; Creditor's Motion to Compel granted

14-10051 Buckley R. Rice 4/15/2014 5/8/2014 5/7/2014 Emens-Butler 274 No N/A

14-10057 Bushman R. Rice 3/17/2014 4/1/2014 None Unknown N/A Yes N/A

14-10060 Davis R. Rice 3/17/2014 4/1/2014 4/2/2014 Emens-Butler 132 Yes 6/4/2014

14-10061 Nutting R. Rice 11/5/2014 12/1/2014 11/10/2015 Emens-Butler N/A N/A 4/28/2014 Mediation Ongoing

14-10068 Tullgren T. Taylor 3/31/2014 4/22/2014 5/19/14(consent) Edwards 535 Yes 6/9/2014

14-10112 Currier D. Lynch 5/6/2014 5/28/2014 6/19/2014 Mayer 118 No 6/24/2014

14-10147 Rinaldi T. Taylor 4/10/2014 4/30/2014 1/14/2015 Mayer 197 N/A 9/24/2014

14-10184 Riopel G. Pazdan 4/4/2014 5/22/2014 6/4/2014 Scholes N/A N/A 6/23/2014 Mediation order vacated based upon agreement reached w/o mediation

14-10258 Butzlaff D. Hayes 5/9/2014 N/A N/A N/A N/A N/A N/A Motion Withdrawn

14-10266 Bigras D. Lynch 5/19/2014 6/4/2014 6/12/2014 Emens-Butler 125 Yes N/A

14-10269 Goodreau T. Taylor 6/12/2014 6/30/2014 9/5/2014 Emens-Butler 280 Yes 3/31/2015 Both mediations closed (same dates)


14-10289 Boucher T. Taylor 7/7/2014 7/17/2014 7/25/2014 Mayer N/A No 8/7/2014

14-10295 Peterson R. Rice 7/11/2014 7/28/2014 None N/A N/A N/A 8/26/2014 Mediation Presumed Open

14-10302 Bonnette D. Hayes 6/27/2014 7/16/2014 None N/A N/A N/A N/A Mediation Presumed Open

14-10333 Daley T. Taylor 7/25/2014 8/12/2014 9/17/2014 Edwards N/A N/A N/A Mediation Presumed Open

14-10337 Bourdeau T. Taylor 8/26/2014 9/15/2014 9/18/2014 Emens-Butler N/A N/A N/A Case Dismissed

14-10337 Adamsen T. Taylor 7/11/2014 8/19/2014 8/27/2014 Edwards 149 N/A 8/13/2014 Mediation with North Country Federal Credit Union; Second Mortgage

14-10357 Adamsen T. Taylor 7/11/2014 8/19/2014 8/27/2014 Edwards 147 Yes 8/13/2014 Mediation with New England Federal Credit Union; First Mortgage

14-10542 Goes R. Rice 11/5/2014 12/1/2014 N/A N/A N/A N/A 12/23/2014 Mediation Presumed Open

13-10735 Steinberg R. Rice 12/16/2013 2/13/2015 2/24/2015 Emens-Butler N/A N/A 10/21/2013 Case Dismissed

13-10798 Bohannon T. Taylor 2/25/2014 3/12/2014 N/A N/A N/A Yes 4/23/2014

13-10819 Marro R. Rice 1/29/2014 2/13/2014 N/A N/A N/A N/A 3/21/2014 Mediation ongoing; Creditor's Motion to Compel withdrawn

13-10832 Walsh T. Taylor 1/27/2014 2/18/2014 5/30/2014 Edwards 241 Yes 3/3/2014

14-10031 Corrales R. Rice 2/19/2014 3/5/3014 N/A N/A N/A Yes 9/2/2014

14-10555 Greene R. Rice 12/17/2014 1/13/2015 1/14/2015 Emens-Butler N/A N/A N/A Mediation Presumed Open

14-10578 Stocker R. Rice 12/17/2014 1/14/2015 1/27/2015 Emens-Butler N/A No 3/16/2015 Awaiting Motion to Close Mediation

14-10579 Metivier T. Taylor 12/4/2014 12/22/2014 12/30/2014 Mayer 252 N/A N/A Case converted from 13 to 7

14-10583 Bowen R. Rice 12/17/2014 1/13/2015 9/11/2015 Emens-Butler N/A N/A N/A Mediation Ongoing

14-10588 Barrows T. Taylor 12/2/2014 12/22/2014 N/A N/A N/A N/A N/A First Mortgage; motion to compel by creditor filed; mediation closed by court on 7/17/2015

14-10588 Barrows T. Taylor 12/4/2014 12/22/2014 N/A N/A N/A N/A N/A Second Mortgage; mediation closed by court on 7/17/2015


14-10434 Delormier-Blow T. Taylor 8/26/2014 9/17/2014 10/15/2014 Mayer 239 Yes N/A

574

14-10480 Guth R. Rice 3/11/2015 3/30/2015 7/22/2015 Emens-Butler N/A Yes 10/27/2015 Awaiting Motion to Close Mediation

14-10550 Underwood R. Rice 12/31/2014 1/15/2015 9/21/2015 Emens-Butler 44 Yes 11/13/2015

14-10603 Hawkins T. Taylor 12/16/2014 1/15/2015 4/20/2015 Edwards 142 No 3/2/2015 Case converted from 13 to 7

14-10648 Brundage T. Taylor 12/18/2014 1/12/2015 1/20/2015 Emens-Butler 213 No 3/3/2015 First Mortgage

14-10648 Brundage T. Taylor 12/22/214 1/15/2015 1/19/2015 (consent)Emens-Butler N/A N/A 3/3/2015 Second Mortgage; Mediation presumed open

14-10654 Barrows D. Lynch 3/3/2015 4/1/2015 6/29/2015 Emens-Butler 130 N/A 1/7/2015 Oral motion to close mediation

14-10666 Alexopoulos R. Rice 1/30/2015 2/19/2015 5/1/2015 Mayer N/A No 3/3/2015 Awaiting Motion to Close Mediation

14-10690 Davie II R. Rice 1/23/2015 2/10/2015 4/17/2015 Mayer N/A N/A 3/4/2015 Mediation ongoing; status hearing set for 1/29/2016

15-10059 Kilbride T. Taylor 3/3/2015 3/30/2015 8/24/2015 Mayer N/A N/A N/A First Mortgage Bank of NY; mediation ongoing

15-10059 Kilbride T. Taylor 3/3/2015 3/30/2015 8/24/2015 Mayer N/A N/A N/A Second Mortgage Bank of America; loan forgiven

15-10091 Crowley T. Taylor 3/11/2015 3/30/2015 3/31/2015 Mayer N/A N/A 6/24/2015 First Mortgage; Mediation Ongoing

15-10100 Pratt R. Rice 4/17/2015 5/7/2015 7/29/2015 Cooper N/A N/A 7/7/2015 Status hearing set for 12/18/2015

15-10102 Ferrara R. Rice 3/20/2015 4/7/2015 4/14/2015 Emens-Butler N/A Yes 6/9/2015 Awaiting Motion to Close Mediation

15-10103 Utter T. Taylor 3/16/2015 4/2/2015 8/5/2015 Cooper N/A Yes 5/23/2015 Awaiting Motion to Close Mediation

14-10703 Spillane R. Rice 2/18/2015 3/6/2015 3/20/2015 Mayer N/A No 4/23/2015 Awaiting Motion to Close Mediation

15-10027 Bunke R. Rice 2/18/2015 3/6/2015 3/13/2015 Emens-Butler 207 Yes 4/1/2015

15-10045 Arlotta A. Klingler 7/9/2015 7/17/2015 9/11/2015 Emens-Butler N/A N/A 10/14/2015 Mediation Ongoing

15-10047 Blake III R. Rice 3/25/2015 4/14/2015 4/14/2015 Emens-Butler N/A N/A N/A Mediation Ongoing

15-10055 Supernault R. Rice 4/7/2015 4/23/2015 7/17/2015 Emens-Butler N/A N/A 4/21/2015 Status hearing set for 1/29/2016

15-10106 Campbell M. Weiner 3/23/2015 4/27/2015 7/22/2015 Rice N/A N/A 10/30/2015 Status hearing set for 12/16/2015

15-10121 Merrow R. Rice 4/17/2015 6/1/2015 11/6/2015 Cooper N/A N/A 7/7/2015 Status hearing set for 1/29/2016

15-10139 McGee R. Rice 4/17/2015 5/7/2015 7/29/2015 Cooper N/A N/A 7/28/2015 Status hearing set for 12/18/2015

15-10158 Francis T. Taylor 4/27/2015 5/14/2015 7/15/2015 Cooper N/A No 4/2/2015 Surrender of property; awaiting motion to close mediation

15-10171 Oldenberg K. Walls 6/30/2015 7/17/2015 11/20/2015 Mayer N/A N/A N/A Status hearing set for 12/18/2015

15-10244 Nardini R. Rice 6/26/2015 7/17/2015 10/1/2015 Cooper N/A N/A N/A Mediation Ongoing

15-10249 Larviere R. Rice 7/17/2015 7/23/2015 9/3/2015 Emens-Butler N/A N/A 10/6/2015 Creditor's Motion to Compel orally withdrawn

15-10257 Lacross R. Rice 6/11/2015 6/26/2015 N/A N/A N/A N/A 10/6/2015 Mediation Ongoing

15-10262 Brouillard K. Walls 7/20/2015 8/24/2015 11/6/2015 Mayer N/A N/A 10/14/2015 Mediation Ongoing

15-10293 Heller R. Rice 7/1/2015 7/17/2015 8/27/2015 Emens-Butler N/A N/A N/A Mediation Ongoing

15-10303 Isaacs R. Rice 8/7/2015 8/24/2015 N/A N/A N/A N/A 10/30/2015 Status hearing set for 1/29/2016

15-10306 Bolen T. Taylor 7/7/2015 N/A N/A N/A N/A N/A N/A Motion Withdrawn; case closed.

15-10335 Valiquette T. Taylor 8/18/2015 9/2/2015 11/3/2015 Mayer N/A N/A 10/6/2015 Mediation Ongoing

15-10336 Folan R. Rice 10/2/2015 10/21/2015 10/27/2015 Mayer N/A N/A N/A Mediation Ongoing

15-10340 Huard T. Taylor 8/4/2015 8/20/2015 8/27/2015 Cooper N/A N/A N/A First Mortgage

15-10340 Huard T. Taylor 8/4/2015 8/20/2015 8/27/2015 Cooper 55 N/A N/A Second Mortgage; loan forgiven

15-10371 Matta R. Rice 9/29/2015 10/14/2015 10/16/2015 Emens-Butler N/A N/A 10/20/2015 Mediation Ongoing

15-10377 Stewart D. Hayes 9/3/2015 10/5/2015 N/A N/A N/A N/A N/A Mediation Presumed Open

15-10415 Kachmar R. Rice 9/23/2015 10/13/2015 10/15/2015 Mayer N/A N/A N/A Mediation Ongoing

15-10422 Ljubibratic A. Klingler 9/3/2015 N/A N/A N/A N/A N/A N/A Motion Withdrawn

15-10474 Felo N. Geise 10/26/2015 11/13/2015 N/A N/A N/A N/A 12/7/2015 Mediation Presumed Open

11-10805 Wright R. Rice N/A N/A N/A N/A N/A Yes 10/24/2011 Motion for Mortgage Mediation never filed.*

575

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Avg Days from Date Mediator Appointed to Motion to Close Filed 327.5643564

# of cases < 180 days 34

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------






total # of motion for mediation filed from 1/1/2011 to date 237

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Mediator # of Cases % of Total Cases

Mayer 68 28%

Emens-Butler 53 22%

Edwards 25 10%

Cooper 13 5%

Lang 7 3%

Scholes 6 3%

Rice 5 2%

Valdes 4 2%

Kelley 1 0%

Adams 1 0%

Steckel 1 0%

Unknown 21 9%

N/A 35 15%

Total 240 100%

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Modification Achieved?

Number of

Cases

% of

Cases out

of Total

Cases

Number of

Cases

Where

Outcome is

Unknown

% of Cases

Where

Outcome is

Unknown

Number of

Cases

Where

Mediation

Successful

% of Cases

Where

Mediation

Successful

Number of

Cases Where

Mediation Not

Successful

% of

Cases

Where

Mediation

Not

Successful

R. Rice 109 45% 1 1% 50 46% 16 14.68%

T. Taylor 87 36% 2 2% 30 34% 16 18.39%

D. Leahy 8 3% 1 13% 3 38% 1 12.50%

A. Klingler 8 3% 0 0% 0 0% 0 0.00%

D. Hayes 7 3% 0 0% 4 57% 0 0.00%

K. Walls 6 3% 0 0% 2 33% 1 16.67%

D. Lynch 5 2% 0 0% 2 40% 1 20.00%

N. Geise 4 2% 0 0% 2 50% 1 25.00%

H. Cooper 1 0% 0 0% 1 100% 0 0.00%

J. Gravel 1 0% 0 0% 0 0% 0 0.00%

T. Hawkins 1 0% 0 0% 1 100% 0 0.00%

P. Kulig 1 0% 0 0% 0 0% 0 0.00%

M. Weiner 1 0% 0 0% 0 0% 0 0.00%

G. Pazdan 1 0% 0 0% 0 0% 0 0.00%

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

"Real" modification statisticsTotal Cases 240

Completed Cases 135 % of Completed Cases 56.25%

Modification Achieved 99 % of Completed Cases 73.33%

Modification Not Achieved36 % of Completed Cases 26.67%

576

mcd

Text Box

DISTRICT OF VERMONT CHAPTER 13 STATISTICS

FISCAL YEAR ENDING SEPTEMBER 30, 2015

RECEIPTS AND DISBURSEMENTS

2015 2014TOTAL PLAN RECEIPTS 7,080,465.79 7,758,964.80

(1) Secured Creditors(a) Ongoing Mortgage Payments 2,181,825.75 2,018,993.00(b) Mortgage Arrearages 469,066.87 589,615.35(c) All other Secured debt 1,378,004.43 1,495,076.99

(2) Priority creditors(a) Ongoing Domestic Support Payments 5,190.82 11,330.78(b) All other Priority Debt 391,419.55 376,868.98

(3) Unsecured Creditors 1,740,404.66 2,199,729.59(4) Debtor Attorneys 287,980.57 293,556.74(5) Administrative Expenses Under the Plan

(a) 503(b) Awards 0.00 0.00(b) Other Admin Expense (attach schedule) 0.00 0.00

(6) Interest transferred to Expense Fund 0.00 0.00(7) Debtor Refunds 134,534.38 156,872.01(8) Other Trust Disbursements (attach schedule) 76,276.83 85,488.42(9) Percentage Fees Pursuant to 28 USC §586(e) 557,837.42 547,301.83

(10) Direct Payment Fees 0.00 0.00

(11) TOTAL TRUST FUND DISBURSEMENTS [III(1) thru III(10)] 7,222,541.28 7,774,833.69

Page 1 of 3

TRUST FUND DISBURSEMENTS

577

ANALYSIS OF VERMONT TERMINATED CHAPTER 13 CASES FISCAL YEAR ENDING SEPTEMBER 30, 2015

PERCENTAGETOTAL CASES TERMINATED IN FISCAL YEAR 237 100.00%

DISPOSITION OF CASESCOMPLETED CASES 176 74.26%HARDSHIP DISCHARGES 1 0.42%CONVERTED PRE-CONF 5 2.11%DISMISSED PRE-CONF 17 7.17%CONVERTED POST-CONF 19 8.02%DISMISSED POST-CONF 19 8.02%

TOTAL CASES 237

DISCHARGESSEC. 1328 (a) DISCHARGES 176 74.26% of total filed and terminated casesSEC. 1328 (b) DISCHARGES 1 0.42%

CHAPTER 13 DISCHARGES 177 74.68%CHAPTER 7 DISCHARGES (presumed)* 24 10.13%


CONFIRMED CASES 90.72% of total terminated) 215 100.00%SEC. 1328 (a) DISCHARGES 176 81.86%SEC. 1328 (b) DISCHARGES 1 0.47%TOTAL CHAPTER 13 DISCHARGES 177 82.33%CHAPTER 7 DISCHARGES (presumed)* 19 8.84% TOTAL DISCHARGES 196 91.16% of total confirmed and terminated cases closed

* the assumption here is since the overwhelming majority of Chapter 7 cases received discharges, all of theconverted cases did so, although this is not necessarily true.

Page 2 of 3

578

DISTRICT OF VERMONTCONDUIT PAYMENT CASES BY CATEGORY 2010-2015

(as of December 7, 2015)

ALL FILED CONDUIT CASESCases Percentage of total

CONFIRMATION PENDING 12 3.83%DISMISSED/ NO CONFIRMATION 28 8.95%CONVERTED/NO CONFIRMATION 16 5.11%CONFIRMED AND OPERATING 179 57.19%CLOSED COMPLETED 17 5.43%DISMISSED AFTER CONFIRMATION 30 9.58%CONVERTED AFTER CONFIRMATION 31 9.90%

TOTAL FILED 313 100.0%

ALL CONFIRMED CASES

TOTAL CASES CONFIRMED 257 82.1% (out of total filed)CONF. CASES COMPLETED OR STILL OPERATING 196 76.3%CONF. CASED DISMISSED OR CONVERTED 61 23.7%

TERMINATED CONDUIT CASES OLDER THAN 4 YEARS

COMPLETED 13 35.1%DISMISSED 10 * 27.0%CONVERTED 14 * 37.8%

TOTAL 37

* includes cases converted after debtor obtained successful mortgage modifcations

Page 3 of 3

579

DISTRICT OF VERMONT CHAPTER 12 CASE STATISTICS(COMPILED DECEMBER 2015)

CURRENT CASESPENDING CASES 1OPEN CASES 9

TERMINATED CASES (DATING FROM 1995) PERCENTAGE

TOTAL TERMINATED CASES 51 100.00%Total confirmed cases 41 80.39%

DISPOSITION OF CASESCOMPLETED CASES 34 66.67%CONVERTED PRE-CONF 5 9.80%DISMISSED PRE-CONF 5 9.80%CONVERTED POST-CONF 4 7.84%DISMISSED POST-CONF 3 5.88%

TOTAL CASES 51

DISCHARGES - TOTALSEC. 1228 (a) DISCHARGES 34 66.67% of total filed and terminated casesCHAPTER 7 DISCHARGES (presumed)* 9 17.65%


DISCHARGES - IN CONFIRMED CASES 41 19.07%SEC. 1228 (a) DISCHARGES 34 82.93%CHAPTER 7 DISCHARGES (presumed)* 4 9.76%TOTAL DISCHARGES IN CONF'D CASES 38 92.68% of total confirmed and terminated cases closed

* the assumption here is since the overwhelming majority of Chapter 7 cases received discharges, all of theconverted cases did so, although this this has not been verified.

580

DISTRICT OF VERMONT CHAPTER 12 RECEIPTS AND DISBURSEMENTS FISCAL YEAR ENDING JUNE 30, 2015

2015 2014PAYMENTS FROM DEBTORS 349,957.00$ 236,457.00$

DISBURSEMENTSSECURED CREDITORS 306,136.00$ 205,755.00$ PRIORITY CREDITORS -$ -$ UNSECURED CREDITORS 12,504.00$ 3,719.00$ DEBTORS ATTORNEYS 3,782.00$ 6,163.00$ PERCENTAGE FEES 28,042.00$ 15,316.00$

TOTALS 350,464.00$ 230,953.00$

581