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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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I usually POST THESE QUESTIONS IN THE HOMEWORK PAGE FOR MORE

Resolved Question:

I usually POST THESE QUESTIONS IN THE HOMEWORK PAGE FOR MORE GUIDANCE. I AM TOTALLY LOST BECAUSE SOME ITEMS CAN BE ON SCHEDULE A AND PROPERTY CLAIMED EXEMPT ON SCHEDULE C. Jane used to help me a lot but her schedule changed and she CANNOT HELP. Any Help would be appreciated.
You have been asked to review the following debtor’s list of assets and to prepare the schedule claiming property exempt from the bankruptcy estate. Please use the federal exemptions as designated in the Code. Please select and prepare the correct schedule from the official forms by accessing the following link

Bankruptcy Forms.
Assets for Penelope Poore, single female

1. Residence, 404 Shiner, Oklahoma City, TX.

Market value: $50,000.00. Mortgage: $47,500.00

2. 1991 Toyota PU

Market value: $2,000.00

3. Clothing

Market value: $1,000.00

4. Household furnishings

Market value: $10,000.00

5. Mixed breed puppy

Market value: $10.00

6. Jewelry

Market value: $1,500.00

7. Home computer

Market value: $500.00

8. Exer-cycle

Market value: $200.00

9. Beanie Baby Collection

Market value: $5,000.00

10. Savings account at Last National Bank

Market value: $2,000.00
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
Please re-send the link - it did not appear.
Customer: replied 5 years ago.
I usually POST LOTS OF QUESTIONS IN THE HOMEWORK PAGE FOR MORE GUIDANCE. I AM TOTALLY LOST BECAUSE SOME ITEMS CAN BE ON SCHEDULE A AND PROPERTY CLAIMED EXEMPT ON SCHEDULE C. Jane used to help me a lot but her schedule changed and she CANNOT HELP. Any Help would be appreciated.
You have been asked to review the following debtor’s list of assets and to prepare the schedule claiming property exempt from the bankruptcy estate. Please use the federal exemptions as designated in the Code. Please select and prepare the correct schedule from the official forms by accessing the following link

Bankruptcy Forms.
Assets for Penelope Poore, single female

1. Residence, 404 Shiner, Oklahoma City, TX.

Market value: $50,000.00. Mortgage: $47,500.00

2. 1991 Toyota PU

Market value: $2,000.00

3. Clothing

Market value: $1,000.00

4. Household furnishings

Market value: $10,000.00

5. Mixed breed puppy

Market value: $10.00

6. Jewelry

Market value: $1,500.00

7. Home computer

Market value: $500.00

8. Exer-cycle

Market value: $200.00

9. Beanie Baby Collection

Market value: $5,000.00

10. Savings account at Last National Bank

Market value: $2,000.00


Hopefully you will get this one and the 2nd question on March 18.
Expert:  cfortunato replied 5 years ago.

In your question, you made reference to a link, but there was no link provided.

Is there a link you want me to use?

Customer: replied 5 years ago.
That is the way the Teacher had typed the question. I don't think that there is a link.

Sorry about that.

Thanks!
Expert:  cfortunato replied 5 years ago.

Okay - I will fill out the Schedules from the Bankruptcy court's website.

How soon do you need these?

Customer: replied 5 years ago.
If you can help me with both Questions by Wed. or Thurs of this week that would be greatly appreciated.

Thanks!
Expert:  cfortunato replied 5 years ago.

That is plenty of time! I should be able to have this done by tomorrow.

However, as I am not "qualified" to answer questions in the "Homework" section, I can't even see those questions. If that question is Bankruptcy-related, please cancel the question in the Homework section, and send the question to the Bankruptcy Law section. If you would like me to answer it, please address it to "cfortunato".

Thank you!

Customer: replied 5 years ago.
I hope you can help me with this one also and others. I thought BANKRUPTCY would be easy but the CODES and SCHEDULES totally lost me. I second-guess myself a lot. If you can give me this on Thurs. or Fri. of this week, that would be appreciated.

Read through the following hypothetical. Access the appropriate section of the Code. Prepare the appropriate pleading for the following:

Our client, Mr. Bruizer, has just been notified that Mr. Revsalot has filed pro se for protection under Chapter 13 of the Bankruptcy Code in the Western District of Texas. The case number XXXXX XXXXX Jurisdiction arises under 28 U.S.C. §1334.

Unfortunately, Mr. Bruizer sold Mr. Revsalot a 1958 Corvette and was preparing to repossess the car for failure to make payments and to maintain insurance coverage. Mr. Bruizer sold the car for $30,000.00 and is carrying a note at 10% interest. He has only received two $300.00 payments from Mr. Revsalot who is now six months in arrears. With the addition of the interest and late charges, Mr. Revsalot now owes Mr. Bruizer more than the car is worth. From the bankruptcy schedules we have acquired from the court, we can see that Mr. Revsalot is a postal worker who is also a hot-rod enthusiast. He owns several vintage racecars and assorted parts, as well as other vehicles. We must prepare a pleading requesting that our client be allowed to continue to pursue state remedies for repossession despite the bankruptcy. (For purposes of the Certificate of Service, we must only notify the Chapter 13 Trustee, the debtor, and the only other creditor in the case, the IRS).

Hope you can see this one. Thanks!

Expert:  cfortunato replied 5 years ago.
Yes - I see the second question now.
Expert:  cfortunato replied 5 years ago.

I answered the second question first because it is the harder question. Please let me know if this comes through okay. I can't get the formatting to come through correctly. Do you know the proper format for a court paper (it is the same for all courts)?

Also, if you know the debtor's first name, you should add it to the "In re" section. And if you know the creditor's first name, you should also add that to the creditor's name.

 

 

UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF TEXAS

--------------------------------------------------------------x

 

CHAPTER 13

CASE NO. 01-10343-13

 

In re:

 

[first name] REVSALOT,

 

Debtor.

 

---------------------------------------------------------------x

 

 

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

 

1. This Bankruptcy court has jurisdiction over this proceeding pursuant to 28 USC 1334.

 

2. Mr. Revsalot, the debtor, purchased a 1958 Corvette from the petitioner, Mr. Bruizer. The vehicle was sold for $30,000, and secured by a note paying 10% interest, to be paid at the rate of $300 per month. To date, the debtor has made only 3 payments and is 6 months behind in the payments.

 

3. Additionally, the debtor has failed to maintain insurance for the vehicle.

 

4. Although a Chapter 13 Bankruptcy filer is normally allowed to bring the arrears current within the Bankruptcy, and therefore allowed to keep a car if the regular monthly payment is made in addition to a percentage of the arrears, the petitioner prays that this court grant this Motion for Relief from the Automatic Stay based on the fact that by not maintaining insurance on this vehicle, the petitioner does not have adequate protection.

 

5. Whereas, the petitioner requests that the court grant this Motion for Relief from the Automatic Stay, pursuant to 11 USC 362(d)(1).

 

Dated: Somewhere, Texas

March 20, 2012

 

________________________________

Attorney for Debtor

 

To: Debtor

Debtor's address

 

Bankruptcy Trustee

Bankruptcy Trustee address

 

IRS

IRS's address

cfortunato and other Bankruptcy Law Specialists are ready to help you
Expert:  cfortunato replied 5 years ago.

Here is the answer to the first question:

Go to this web page:

http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_Official_2010/B_006C_0410.pdf,

and fill in the following information:

1) "Penelope Poore" at the top of the page;

2) Check the box 11 USC 522(b)(2) only;

3) Fill in the following information in the 4 columns (Description... Specify Law... Value of... Current Value of...)

Debtor's residence 11 USC 522(d)(1) 2,500.00 50,000.00

 

1991 Toyota Pickup 11 USC 522(d)(2) 2,000.00 2,000.00

Truck

 

Clothing 11 USC 522(d)(3) 1,000.00 1,000.00

 

Household furnishings 11 USC 522(d)(3) 10,000.00 10,000.00

 

Mixed breed puppy 11 USC 522(d)(5) 10.00 10.00

 

Jewelry 11 USC 522(d)(4) 1,450.00 1,500.00

11 USC 522(d)(5) 50.00

 

Computer 11 USC 522(d)(5) 500.00 500.00

 

Exer-cycle 11 USC 522(d)(5) 200.00 200.00

 

Beanie Baby 11 USC 522(d)(5) 5,000.00 5,000.00

collection

 

Last National Bank savings 11 USC 522(d)(5) 2,000.00 2,000.00

account

 

 

 

Customer: replied 5 years ago.
Thanks. So, for Question 1: We used Schedule C: Because this was Property claimed As Exempt. And Chapter 5 of the Code.

This is a silly question but what Federal Exemptions as designated by the Code did we use. and which ones?

Thanks again. I am sure that I will ask you to help me with more questions as the Homework progresses.
Expert:  cfortunato replied 5 years ago.

Yes - all exemptions go on Schedule C, and federal exemptions are listed in Chapter 5 of the Bankruptcy Code.

We used the federal exemptions, which are listed in section 522. You can see the statute here:

http://www.law.cornell.edu/uscode/text/11/522.

But this statute has been revised. You can see the new amounts here:

http://www.thebankruptcysite.org/exemptions/federal.html.

 

Expert:  cfortunato replied 5 years ago.
Please "ACCEPT" the answer to the first question also.
Customer: replied 5 years ago.
I don't know if I can ask you for Clarification or not on First question: I am just trying to Understand the Schedule C and how to FILL IT.and Federal exemptions:

1. Debtor's residence Market Value is:50,000 and Mortgage is :47.500. So, is 2,500 the Current Value.

2. Jewelry: Market Value 1500

Then you mentioned 11 USC 522(d)(5) 50.00 And, I wanted a little clarification on this.

I am just trying to make my notes and understand this one. I have some questions on the Second one also.

Thank you.
Expert:  cfortunato replied 5 years ago.

1) Yes - the current value of the house is $2,500, not $50,000.

2) The jewelry needs 2 exemptions applied - 11 USC 522(d)(4) for $1,450 and 11 USC (d)(5) for $50 = $1,500 market value of jewelry.

cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
So, for the Residence: in the Column of VALUE OF CLAIMED EXEMPTIONS I PUT 2,500. and in the CURRENT VALUE OF PROPERTY I PUT 50,000.

I guess the VALUE OF COLUMN AND CURRENT VALUE OF COLUM CONFUSED ME?

I guess I am just confused on the columns.
Expert:  cfortunato replied 5 years ago.

No - you would put $2,500 in both columns - the value of the claimed exemption is $2,500, and the current value of the property is also $2,500 because that is the value of the house after subtracting the balance of the mortgage.

In this case, the value of the house equals the claimed exemption.

Customer: replied 5 years ago.
I guess you mentioned 2 figures for each one that has been confusing. I wasn't sure where I put the 50,000 that you mentioned.

I am just confused and I want to Learn to do it correctly. This class is harder than I thought it would be.

Description: RESIDENCE

STATE LAW:

Value of Claimed Exemptions: 2,500

CURRENT VALUE OF PROPERTY: 2,500

DESCRIPTION: JEWELRY

STATE LAW

VALUE OF CLAIMED EXEMPTIONS: 2 EXEMPTIONS 1,XXX-XX-XXXX.00

CURRENT VALUE OF PROPERTY: 50.00

Am I on the right track there? Thanks!

Expert:  cfortunato replied 5 years ago.

I

Expert:  cfortunato replied 5 years ago.
I made a mistake - $50,000 should not be listed anywhere on Schedule C.
There is no state law - there are federal exemptions.
Customer: replied 5 years ago.
Am I doing it correctly now? Hopefully, it is done correctly, so that I can move on.

Description: Residence( 404 Shiner, Oklahoma City, TX)
Specify Law for Each Exemption: 11 USC 522 (d)(1)
VALUE OF CLAIMED EXEMPTION: 2,500
CURRENT VALUE OF PROPERTY WITHOUT DEDUCTING EXEMPTION

DESCRIPTION:
TRUCK: 1991 TOYOTA PU
SPECIFY LAW: 11 USC 522 (d)(2)
VALUE OF CLAIMED EXEMPTION: 2,000
CURRENT VALUE OF PROPERTY W/OUT DEDUCTING EXEMPTION: 2,000

DESCRIPTION: JEWELRY
SPECIFY LAW: 11 USC (d)(4); 11 USC (d) (5)
VALUE OF CLAIMED EXEMPTION: 1,450.00-1,500.00
CURRENT VALUE OF PROPERTY W/OUT DEDUCTING EXEMPTION: IS THIS WHERE I PUT THE 50.00

DESCRIPTION: CLOTHING
SPECIFY LAW: 11 USC 522 (d)(3)
VALUE OF: 1,000
CURRENT VALUE: 1,000

DESCRIPTION: HOUSEHOLD FURNISHINGS
SPECIFY LAW: 11 USC 522 (d)(3)
VALUE OF: 10,000
CURRENT VALUE: 10,000

DESCRIPTION: MIXED BREED PUPPY
SPECIFY LAW: 11 USC 522 (d)(5)
VALUE OF: 10.00
CURRENT VALUE: 10.00

DESCRIPTION: COMPUTER
SPECIFY LAW: 11 USC (d)(5)
VALUE OF: 500.00
CURRENT VALUE: 500.00

DESCRIPTION: EXER-CYCLE
SPECIFY LAW: 11 USC 522 (d)(5)
VALE OF: 200.00
CURRENT VALUE: 200.00

DESCRIPTION: BEANIE BABY
SPECIFY LAW: 11 USC 522 (d)(5)
VALUE OF: 5,000
CURRENT VALUE: 5,000

DESCRIPTION: SAVINGS ACCOUNT
SPECIFY LAW: 11 USC 522 (d)(5)
VALUE OF: 2,000
CURRENT VALUE: 2,000

As soon as I finish this one, I'll ask for clarification on the Second question. Thanks a lot!
Expert:  cfortunato replied 5 years ago.

You will have 2 lines in the same box for the jewelry:

Jewelry - 11 USC 522(d)(4) - $1,450 - $1,500

- 11 USC 522(d)(5) - $50

 

The $1,500 goes on the first line only.

Customer: replied 5 years ago.
Column 1: DESCRIPTION: JEWELRY
Column 2: SPECIFY LAW: 11 USC (d)(4); 11 USC (d) (5)
Column 3: VALUE OF CLAIMED EXEMPTION: 1,450-1,500; $50.00
Column 4: CURRENT VALUE OF PROPERTY W/OUT DEDUCTING EXEMPTION: What Do I put here?
Expert:  cfortunato replied 5 years ago.

Description ---- Law ---- Value of Claimed Exemption ---- Current Value

Jewelry -------- 522(d)(4) ------$1450 -----------------------------------$1500

(leave blank) --- 522(d)(5) -----$50 -------------------------------(leave blank)

cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank so much for your time and patience with me.

On Schedule C: there are 2 boxes:

11 USC Section 522 (b) (2): This is the one I marked. Can you tell me why. I did read this section.

11 USC Section 522 (b) (3) I did not mark this one.

Also, on Question 2: I have doing some readings on Motion/Pleadings and I was wondering if I need to add a Certificate of Service or Prayer to do? This is a FAKE person.

Maybe this exercise is just for practice but I am confused. Thanks again.

Expert:  cfortunato replied 5 years ago.

522(b)2 is checked when the debtor is using federal exemptions.

522(b)3 is checked when the debtor is using state exemptions.

Penelope Poore is using federal exemptions, so 522(b)(2) gets checked.

 

If this were a real case, a certificate of service would also be needed for question 2. I'm not sure if your instructor wants one, but here is a template you can fill out if you want to submit one:

http://www.mdb.uscourts.gov/pdf/cert.pdf.

 

 

Customer: replied 5 years ago.
For Question 2, what does arrears mean? Also do I need a seperate paragraph for Prayer? So, we used Chapter 13 of the Code to prepare this Motion? This is hard question.

If you can help me out with the questions below by Tuesday/Wednesday that would be greatly appreciated. Thank you.


1. Please explain the difference between an objection to discharge and an objection to dischargeability and supply the "grounds" for each.

2. Please explain when a debtor receives a discharge under Chapters 7, 11, 12, and 13.

3. Please explain when the bankruptcy estate is created under Chapters 7, 11, 12, and 13.

4. Accessing the Bankruptcy Code, locate and explain what MAY be included in a Chapter 13 Plan and what MUST be included in a Chapter 13 Plan.
Expert:  cfortunato replied 5 years ago.

Arrears are the payments to any creditor that are past-due.

Balance to follow.

Expert:  cfortunato replied 5 years ago.

1. Objection to discharge is a request to have the Bankruptcy case dismissed, so that none of the debts are discharged.

Here are the 12 grounds, which are contained in Bankruptcy Stat. 727(a):

(1)the debtor is not an individual;

(2)the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has transferred, removed, destroyed, mutilated, or concealed, or has permitted to be transferred, removed, destroyed, mutilated, or concealed—
(A)property of the debtor, within one year before the date of the filing of the petition; or

(B)property of the estate, after the date of the filing of the petition;

(3)the debtor has concealed, destroyed, mutilated, falsified, or failed to keep or preserve any recorded information, including books, documents, records, and papers, from which the debtor’s financial condition or business transactions might be ascertained, unless such act or failure to act was justified under all of the circumstances of the case;

(4)the debtor knowingly and fraudulently, in or in connection with the case—
(A)made a false oath or account;

(B)presented or used a false claim;

(C)gave, offered, received, or attempted to obtain money, property, or advantage, or a promise of money, property, or advantage, for acting or forbearing to act; or

(D)withheld from an officer of the estate entitled to possession under this title, any recorded information, including books, documents, records, and papers, relating to the debtor’s property or financial affairs;

(5)the debtor has failed to explain satisfactorily, before determination of denial of discharge under this paragraph, any loss of assets or deficiency of assets to meet the debtor’s liabilities;

(6)the debtor has refused, in the case—
(A)to obey any lawful order of the court, other than an order to respond to a material question or to testify;

(B)on the ground of privilege against self-incrimination, to respond to a material question approved by the court or to testify, after the debtor has been granted immunity with respect to the matter concerning which such privilege was invoked; or

(C)on a ground other than the properly invoked privilege against self-incrimination, to respond to a material question approved by the court or to testify;

(7)the debtor has committed any act specified in paragraph (2), (3), (4), (5), or (6) of this subsection, on or within one year before the date of the filing of the petition, or during the case, in connection with another case, under this title or under the Bankruptcy Act, concerning an insider;

(8)the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within 8 years before the date of the filing of the petition;

(9)the debtor has been granted a discharge under section 1228 or 1328 of this title, or under section 660 or 661 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition, unless payments under the plan in such case totaled at least—
(A)100 percent of the allowed unsecured claims in such case; or

(B)
(i)70 percent of such claims; and

(ii)the plan was proposed by the debtor in good faith, and was the debtor’s best effort;

(10)the court approves a written waiver of discharge executed by the debtor after the order for relief under this chapter;

(11)after filing the petition, the debtor failed to complete an instructional course concerning personal financial management described in section 111, except that this paragraph shall not apply with respect to a debtor who is a person described in section 109(h)(4) or who resides in a district for which the United States trustee (or the bankruptcy administrator, if any) determines that the approved instructional courses are not adequate to service the additional individuals who would otherwise be required to complete such instructional courses under this section (The United States trustee (or the bankruptcy administrator, if any) who makes a determination described in this paragraph shall review such determination not later than 1 year after the date of such determination, and not less frequently than annually thereafter.); or

(12)the court after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge finds that there is reasonable cause to believe that—
(A)section 522(q)(1) may be applicable to the debtor; and

(B)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).

 

(Actually, #1 is not really a ground for an objection to discharge, as because for a non-individual, there is no possibility of a discharge that can be objected to.)

 

Objection to dischargeability is a request to have a particular debt determined to be non-dischargeable, not the entire Bankruptcy dismissed.

The grounds are any of the 19 "Exceptions to Discharge", which are found in Bankruptcy Stat. 523(a), reproduced here:


(1)for a tax or a customs duty—
(A)of the kind and for the periods specified in section 507(a)(3) or 507(a)(8) of this title, whether or not a claim for such tax was filed or allowed;

(B)with respect to which a return, or equivalent report or notice, if required—
(i)was not filed or given; or

(ii)was filed or given after the date on which such return, report, or notice was last due, under applicable law or under any extension, and after two years before the date of the filing of the petition; or

(C)with respect to which the debtor made a fraudulent return or willfully attempted in any manner to evade or defeat such tax;

(2)for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by—
(A)false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition;

(B)use of a statement in writing—
(i)that is materially false;

(ii)respecting the debtor’s or an insider’s financial condition;

(iii)on which the creditor to whom the debtor is liable for such money, property, services, or credit reasonably relied; and

(iv)that the debtor caused to be made or published with intent to deceive; or

(C)
(i)for purposes of subparagraph (A)—
(I)consumer debts owed to a single creditor and aggregating more than $500 for luxury goods or services incurred by an individual debtor on or within 90 days before the order for relief under this title are presumed to be nondischargeable; and

(II)cash advances aggregating more than $750 that are extensions of consumer credit under an open end credit plan obtained by an individual debtor on or within 70 days before the order for relief under this title, are presumed to be nondischargeable; and

(ii)for purposes of this subparagraph—
(I)the terms “consumer”, “credit”, and “open end credit plan” have the same meanings as in section 103 of the Truth in Lending Act; and

(II)the term “luxury goods or services” does not include goods or services reasonably necessary for the support or maintenance of the debtor or a dependent of the debtor;

(3)neither listed nor scheduled under section 521(a)(1) of this title, with the name, if known to the debtor, of the creditor to whom such debt is owed, in time to permit—
(A)if such debt is not of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim, unless such creditor had notice or actual knowledge of the case in time for such timely filing; or

(B)if such debt is of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim and timely request for a determination of dischargeability of such debt under one of such paragraphs, unless such creditor had notice or actual knowledge of the case in time for such timely filing and request;

(4)for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny;

(5)for a domestic support obligation;

(6)for willful and malicious injury by the debtor to another entity or to the property of another entity;

(7)to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss, other than a tax penalty—
(A)relating to a tax of a kind not specified in paragraph (1) of this subsection; or

(B)imposed with respect to a transaction or event that occurred before three years before the date of the filing of the petition;

(8)unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor’s dependents, for—
(A)
(i)an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution; or

(ii)an obligation to repay funds received as an educational benefit, scholarship, or stipend; or

(B)any other educational loan that is a qualified education loan, as defined in section 221(d)(1) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual;

(9)for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance;

(10)that was or could have been listed or scheduled by the debtor in a prior case concerning the debtor under this title or under the Bankruptcy Act in which the debtor waived discharge, or was denied a discharge under section 727(a)(2), (3), (4), (5), (6), or (7) of this title, or under section 14c(1), (2), (3), (4), (6), or (7) of such Act;

(11)provided in any final judgment, unreviewable order, or consent order or decree entered in any court of the United States or of any State, issued by a Federal depository institutions regulatory agency, or contained in any settlement agreement entered into by the debtor, arising from any act of fraud or defalcation while acting in a fiduciary capacity committed with respect to any depository institution or insured credit union;

(12)for malicious or reckless failure to fulfill any commitment by the debtor to a Federal depository institutions regulatory agency to maintain the capital of an insured depository institution, except that this paragraph shall not extend any such commitment which would otherwise be terminated due to any act of such agency;

(13)for any payment of an order of restitution issued under title 18, United States Code;

(14)incurred to pay a tax to the United States that would be nondischargeable pursuant to paragraph (1);

(14A)incurred to pay a tax to a governmental unit, other than the United States, that would be nondischargeable under paragraph (1);

(14B)incurred to pay fines or penalties imposed under Federal election law;

(15)to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit;

(16)for a fee or assessment that becomes due and payable after the order for relief to a membership association with respect to the debtor’s interest in a unit that has condominium ownership, in a share of a cooperative corporation, or a lot in a homeowners association, for as long as the debtor or the trustee has a legal, equitable, or possessory ownership interest in such unit, such corporation, or such lot, but nothing in this paragraph shall except from discharge the debt of a debtor for a membership association fee or assessment for a period arising before entry of the order for relief in a pending or subsequent bankruptcy case;

(17)for a fee imposed on a prisoner by any court for the filing of a case, motion, complaint, or appeal, or for other costs and expenses assessed with respect to such filing, regardless of an assertion of poverty by the debtor under subsection (b) or (f)(2) of section 1915 of title 28 (or a similar non-Federal law), or the debtor’s status as a prisoner, as defined in section 1915(h) of title 28 (or a similar non-Federal law);

(18)owed to a pension, profit-sharing, stock bonus, or other plan established under section 401, 403, 408, 408A, 414, 457, or 501(c) of the Internal Revenue Code of 1986, under—
(A)a loan permitted under section 408(b)(1) of the Employee Retirement Income Security Act of 1974, or subject to section 72(p) of the Internal Revenue Code of 1986; or

(B)a loan from a thrift savings plan permitted under subchapter III of chapter 84 of title 5, that satisfies the requirements of section 8433(g) of such title;

but nothing in this paragraph may be construed to provide that any loan made under a governmental plan under section 414(d), or a contract or account under section 403(b), of the Internal Revenue Code of 1986 constitutes a claim or a debt under this title; or

(19)that—
(A)is for—
(i)the violation of any of the Federal securities laws (as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934), any of the State securities laws, or any regulation or order issued under such Federal or State securities laws; or

(ii)common law fraud, deceit, or manipulation in connection with the purchase or sale of any security; and

(B)results, before, on, or after the date on which the petition was filed, from—
(i)any judgment, order, consent order, or decree entered in any Federal or State judicial or administrative proceeding;

(ii)any settlement agreement entered into by the debtor; or

(iii)any court or administrative order for any damages, fine, penalty, citation, restitutionary payment, disgorgement payment, attorney fee, cost, or other payment owed by the debtor.

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Expert:  cfortunato replied 5 years ago.

Question 2.

A debtor usually receives a discharge in a Chapter 7 around 4-6 months after the case is filed.

A debtor receives a discharge in a Chapter 11 upon confirmation of the Chapter 11 plan - which must occur within 18 months after the Chapter 11 is filed.

A debtor receives a discharge in a Chapter 12 upon completion of the plan - which lasts up to 5 years.

A debtor receives a discharge in a Chapter 13 upon completion of the plan - which lasts up to 5 years.

cfortunato and other Bankruptcy Law Specialists are ready to help you
Expert:  cfortunato replied 5 years ago.

Question #3.

The Bankruptcy estate is created at the same time for each of the Chapters. The estate is created upon commencement of the case - which occurs upon the filing of the Bankruptcy petition. Bankruptcy Stat. 541(a)

Expert:  cfortunato replied 5 years ago.

Question #4.

a) The Chapter 13 plan:

(1) shall provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan;

(2)shall provide for the full payment, in deferred cash payments, of all claims entitled to priority under section 507 of this title, unless the holder of a particular claim agrees to a different treatment of such claim;

(3)if the plan classifies claims, shall provide the same treatment for each claim within a particular class; and

(4)notwithstanding any other provision of this section, may provide for less than full payment of all amounts owed for a claim entitled to priority under section 507(a)(1)(B) only if the plan provides that all of the debtor's projected disposable income for a 5-year period beginning on the date that the first payment is due under the plan will be applied to make payments under the plan.

b) The Chapter 13 plan may:

(1) designate a class or classes of unsecured claims, as provided in section 1122 of this title, but may not discriminate unfairly against any class so designated; however, such plan may treat claims for a consumer debt of the debtor if an individual is liable on such consumer debt with the debtor differently than other unsecured claims;

(2)modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor's principal residence, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims;

(3)provide for the curing or waiving of any default;

(4)provide for payments on any unsecured claim to be made concurrently with payments on any secured claim or any other unsecured claim;

(5)notwithstanding paragraph (2) of this subsection, provide for the curing of any default within a reasonable time and maintenance of payments while the case is pending on any unsecured claim or secured claim on which the last payment is due after the date on which the final payment under the plan is due;

(6)provide for the payment of all or any part of any claim allowed under section 1305 of this title;

(7)subject to section 365 of this title, provide for the assumption, rejection, or assignment of any executory contract or unexpired lease of the debtor not previously rejected under such section;

(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;

(10)provide for the payment of interest accruing after the date of the filing of the petition on unsecured claims that are nondischargeable under section 1328(a), except that such interest may be paid only to the extent that the debtor has disposable income available to pay such interest after making provision for full payment of all allowed claims; and

(11)include any other appropriate provision not inconsistent with this title.

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Customer: replied 5 years ago.
I have a very bad Head Cold and I don't see this question in detail and I was wondering if you would be kind enough to help me with this one.

I am still struggling with Question 2 scenario of my Fake client. Do all the courts have a same format? This fake case is Texas? The teacher never mentioned format so I was wondering about that and if Prayer should be in separate paragraph?

Here is the other question I have:

1. Accessing the Bankruptcy Code, locate and explain what MAY be included in a Chapter 13 Plan and what MUST be included in a Chapter 13 Plan.

Thanks!
Expert:  cfortunato replied 5 years ago.
Sorry you have a cold!
The format I referred to was the Caption (at the top of the page).
Yes - all courts - state, federal and Bankruptcy courts - use the same Caption format.
Yes - the Prayer should be in a separate paragraph. In the answer I provided, the "Whereas" paragraph is the Prayer paragraph.
I answered question #4. Let me know if you don't see it.
What type of course is this?
Customer: replied 5 years ago.
Sorry I see Question 4. Hopefully, my cold will go away and I can see things clearly.

I didn't know anything about Bankruptcy (Suze Orman always talks about it) so I thought I should know something.

I have Learned a lot from you and I always double-check myself to make sure that I have the correct code.
This class has no books so we have to rely on your help and my friend the GOOGLE.

Three more weeks left to try to understand Bankruptcy. I am not in the LEGAL field. I am OLD.

Thanks so much for your time and patience with me. I HOPE you can continue to work with me for the next few weeks.

Have a good Sunday! It is raining where I am.

Expert:  cfortunato replied 5 years ago.
What type of class are you taking?
Bankruptcy is difficult. I also had trouble in the beginning. As a matter of fact, after taking my first introductory Bankruptcy course, I originally decided I did not want to practice Bankruptcy Law, because it was so hard and boring! After awhile, though, I grew to love the field.
It is cloudy here (NYC) - with a few drops of rain here and there.
Customer: replied 5 years ago.
I am just taking an ONLINE Bankruptcy CLASS. Thought I would Learn something and I have. This class has no books so everything is done on Internet and GOOGLE.


Expert:  cfortunato replied 5 years ago.
Okay.
Customer: replied 5 years ago.
I should also mention that I did visit the Bankruptcy Court in my city and the Lady was nice and answered my questions but I still wanted to Double-Check with you because some Examples have the Prayer in same paragraph and some seperate?

And some have numbers in the middle and some have it on the side? I don't know which is correct?

I hope you can continue to explain things to me after I have done my research.

P.S. It is very hard though not Boring. I always thought there was only One Chapter and then thru readings and your explanations I found out that there are more and their uses.
Expert:  cfortunato replied 5 years ago.
I have never seen the numbers in the middle - but it would not matter where the numbers are placed.
Customer: replied 5 years ago.
An example on GOOGLE showed it in the middle. That's why I asked.

Thanks for your time and patience. Law is an interesting field. I LOVED WESTLAW and LEXIS.
Customer: replied 5 years ago.
I don't know if you can still clarify Q2 for me: In Paragraph 4 the petitioner prays.... should this be a separate paragraph.

P5 The petitioner requests .....is this like prayer also?

Finally towards the end To:Debtor
Address

Bankruptcy Trustee Address

IRS Address

Should these be on seperate sheets or can they be on same one? I didn't get any instructions so I was just wondering?

I know that the Certificate of service has to be on seperate page.
Thanks
Expert:  cfortunato replied 5 years ago.
Yes - prayer = request.
The prayer/request was made twice - in paragraph 4 and 5. This is something I like to do, because I believe in redundancy. Additionally, I like to use more than one verb for the same action ("requests" and "prays"). This is a personal preference on my part, and you can use the motion in its current form - or you can remove the "prayer" from paragraph 4.
All the To's go on the motion, so that each party who will receive a copy sees all the other parties who also will receive a copy.
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Customer: replied 5 years ago.
Here is my Fake Client and I was wondering when I am doing a MOTION FOR RELIEF FROM AUTOMATIC STAY,
DO I DO THIS, I HAVE NO IDEA WHO MY CREDITOR IS? IS IT THE IRS ?


THE UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF TEXAS



In re: CHAPTER 13


ADAM REVALOT CASE NO.
Debtor

v.

CREDITOR ( SHOULD THIS BE HERE)
MOTION FOR RELIEF FROM STAY
I am just LOST. Thank you
Expert:  cfortunato replied 5 years ago.
The name of the party filing the motion for relief from the automatic stay (the creditor) does not go in the caption.
Customer: replied 5 years ago.
Let's see if I understand this right: According to the fake case, the IRS is the creditor? The Debtor is Revsalot, Bankruptcy Trustees all need Separate certificate of service?

this case was hard and it has taXXXXX XXXXXer than I thought it would. But, I want to Understand it and Do it right.

Thanks.
Customer: replied 5 years ago.
Instead of using "arrears" can I say" = payment or money.
Expert:  cfortunato replied 5 years ago.

No - for this question, your client, Mr. Bruizer, is the creditor.

Yes - you should provide one certificate of service for each.

Instead of "arrears", you can say "past-due money" or "payments that are past-due".

Customer: replied 5 years ago.
Have I set it up right now:

IN RE CHAPTER 13


REVASALOT CASE NO.


DEBTOR


SO, CERTIFICATE OF SERVICE TO BE SENT TO: CHAPTER 13 TRUSTEE, THE DEBTOR AND THE ONLY OTHER CREDITOR IN THE CASE IRS. MR. BRUISER THE CLIENT DOES NOT GET A CERTIFICATE OF SERVICE.

SO THE ATTORNEY FOR DEBTOR (REVSALOT) FILES THE MOTION AND SENDS THE CERTIFICATE TO EVERYONE. I HOPE THIS RIGHT.
Expert:  cfortunato replied 5 years ago.

This is how the caption is supposed to look:

 

UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF TEXAS

--------------------------------------------------------------x

 

CHAPTER 13

CASE NO. 01-10343-13

 

In re:

 

[first name] REVSALOT,

 

Debtor.

 

---------------------------------------------------------------x

 

Except that "CHAPTER 13 & the case number XXXXX supposed to be at the right of the page.

 

The Certificates of Service only go to the clerk at the Bankruptcy court. A Certificate of Service is an indication that the motion was mailed to the other parties.

The other parties get a copy of the Motion.

So you are supposed to mail a copy of the Motion to the other parties, and then fill out the Certificates of Service, and then file the Certificates of Service and the Motion with the clerk.

 

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Customer: replied 5 years ago.
Thanks for your patience but I am GIVING UP on this question. I Understand the CAPTION on how to set it up; Motion for Relief From Automatic Stay, The Honorable Judge presiding and the points before the judge.

I am just LOST on the ending.

Dated: Somewhere, Texas

Attorney for debtor
( Name, Address, Bar Number, Phone #)

Certificate of Service to:
Bankruptcy Trustee
Debtor
IRS

So, our client Mr. Bruizer does not get any paperwork.
Expert:  cfortunato replied 5 years ago.

Dated: March 26, 2012

[city or town], state

 

Copy of the motion goes to:

1) Bankruptcy trustee

2) the debtor

3) the IRS

 

Certificates of Service goes to:

clerk at Bankruptcy court (only)

 

Your client does not get a copy of the Motion.

cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
I finally got it! Thanks for your time.
Expert:  cfortunato replied 5 years ago.
Great!
Customer: replied 5 years ago.
I would appreciate some help on these questions. Perhaps you can give them to me on Friday/Saturday so that I can double-check them with mine . Thanks.

Using which Schedule (and section of the Schedule, where appropriate) would be used to disclose each of the following:

1. House and lot used as primary residence
2. Livestock
3. Credit card debt
4. Unpaid wages for employees
5. 1040 taxes due to IRS
6. Debt owed to mortgage company
7. Loan owed to parents
8. Debt to automobile finance company
9. Office equipment
10. Debt for signature loan
11. Retirement funds account
12. Guarantor for loan
13. Leased copy machine
14. Automobile
15. Cellular phone bill
16. Monthly transportation costs
17. Hospital bill
18. Pet dog
19. State income taxes
20. Antique lamp
21. Monthly grocery expense
22. Anticipated award for personal injury
23. Inventory
24. Savings Bonds
25. Monthly automobile insurance costs
26. Arrearages on home mortgage
27. Clothing
28. Provisions on hand for consumption
29. Shotgun
30. Wheelchair
31. Anticipated refund from IRS
32. Mink jacket
33. Lease of office space
34. Social security income
35. Dentist's bill


Please explain what you must do if you were to discover that there were more debts and assets that surfaced after having filed the original schedules for the Debtor.


Please use the proper format for pleadings as provided in the course handouts section of the course. Access the appropriate Rule (Bankruptcy Rules) and prepare the following:

Prepare an application to the court for employment of your attorney in a Chapter 11 proceeding, itemizing what the pleading must contain




Expert:  cfortunato replied 5 years ago.

Okay!

But please provide a link for the last question so I can see the format your instructor is looking for. (Just need a link for the format.)

Customer: replied 5 years ago.
OKAY!! I don't see a link. I think we have to find it ourselves but I will ask her.
Expert:  cfortunato replied 5 years ago.
She referred to "the proper format for pleadings as provided in the course handouts section of the course".
Did she you get course handouts? If so, I assumed you downloaded them since this is an online course.
How is your cold?
Customer: replied 5 years ago.
Thank you for asking. I think my cold is worse today than it was on Sunday. I have been in bed all day.

I will re-check folders on my desktop because that's where I keep everything. I did send her an email asking about that.

The Last question is not due until April but I wanted to get it out of the way.

I'll let you know.

Thanks again.
Expert:  cfortunato replied 5 years ago.
Okay, and I hope you feel better.
Customer: replied 5 years ago.
Regarding this question and answer:" Accessing the bankruptcy Code, locate and explain what MAY be included in a CHAPTER 13 PLAN( I SEE this answer) and what MUST be included in a Chapter 13 Plan ( I don't see this answer).

Are they basically the same things and there is very little difference?

Thanks.
Customer: replied 5 years ago.
Here is another question that I was doing GOOGLE on and I just wanted to double-check with you since I could not find your source.

OBJECTION TO DISCHARGE: Is this Chapter 11, Section 727 and BANKRUPTCY RULE 4004(D)?

OBJECTION TO DISCHAREABILITY: IS THIS CHAPTER 11, SECTION 523(A)?

OR are these under Chapter 7 or 13?

Thanks.
Expert:  cfortunato replied 5 years ago.
a
Customer: replied 5 years ago.
I am not sure what a means.
Expert:  cfortunato replied 5 years ago.
Please ignore that. I tried to delete it but could not.
Expert:  cfortunato replied 5 years ago.

Queston #1:

1. House and lot used as primary residence - Schedule A
2. Livestock - Schedule B - line 31
3. Credit card debt - Schedule F
4. Unpaid wages for employees - Schedule E
5. 1040 taxes due to IRS - Schedule E or F, depending on the type of tax and the tax year
6. Debt owed to mortgage company - Schedule D
7. Loan owed to parents - Schedule F
8. Debt to automobile finance company - Schedule D
9. Office equipment - Schedule B - line 28
10. Debt for signature loan - Schedule F
11. Retirement funds account - Schedule B - line 12
12. Guarantor for loan - Schedules F and H
13. Leased copy machine - Schedule G
14. Automobile - Schedule B - line 25
15. Cellular phone bill - Schedule F
16. Monthly transportation costs - Schedule J - line 8
17. Hospital bill - Schedule F
18. Pet dog - Schedule B - line 31
19. State income taxes - Schedule I - line 4.a.

20. Antique lamp - Schedule B - line 5
21. Monthly grocery expense - Schedule J - line 4
22. Anticipated award for personal injury - Schedule B - line 21
23. Inventory - Schedule B - line 30
24. Savings Bonds - Schedule B - line 15
25. Monthly automobile insurance costs - Schedule J - line 8
26. Arrearages on home mortgage - Schedule D
27. Clothing - Schedule B - line 6
28. Provisions on hand for consumption - Schedule B - line 4
29. Shotgun - Schedule B - line 8

30. Wheelchair - Schedule B - line 4

31. Anticipated refund from IRS - Schedule B - line 18
32. Mink jacket - Schedule B - line 7
33. Lease of office space - Schedule G
34. Social security income - Schedule I - line 11
35. Dentist's bill - Schedule F

 

Some of the what goes on Schedules A or B will also go on Schedule C.

Customer: replied 5 years ago.
Here is another question that I was doing GOOGLE on and I just wanted to double-check with you since I could not find your source.

OBJECTION TO DISCHARGE: Is this Chapter 11, Section 727 and BANKRUPTCY RULE 4004(D)?

OBJECTION TO DISCHAREABILITY: IS THIS CHAPTER 11, SECTION 523(A)?

OR are these under Chapter 7 or 13?

Thanks.

Regarding this question and answer:" Accessing the bankruptcy Code, locate and explain what MAY be included in a CHAPTER 13 PLAN( I SEE this answer) and what MUST be included in a Chapter 13 Plan ( I don't see this answer).

Are they basically the same things and there is very little difference?

Thanks.

Expert:  cfortunato replied 5 years ago.

Q: OBJECTION TO DISCHARGE: Is this Chapter 11, Section 727 and BANKRUPTCY RULE 4004(D)? -

A: Section 727 - which is the relevant statute - is in Chapter 7. (Title 11 is the Bankruptcy Code.)
Section 727 is the subtantive statute, and 4004(d) is the procedural statute.


Q: OBJECTION TO DISCHAREABILITY: IS THIS CHAPTER 11, SECTION 523(A)?

A: Section 523(a) - which is the relevant statute - is in Chapter 5 (the first number of the statute number).

3) Q: OR are these under Chapter 7 or 13?

A: Section 523(a) applies to all 4 types of Bankruptcy - Chapter 7, 11, 12, 13.

Thanks.

Q: Regarding this question and answer:" Accessing the bankruptcy Code, locate and explain what MAY be included in a CHAPTER 13 PLAN( I SEE this answer) and what MUST be included in a Chapter 13 Plan ( I don't see this answer).

A: There are 2 parts to this answer - part a and b.

The musts are in part a. ("Shall" at the at the beginning and in the first 3 categories = "must".)

Q: Are they basically the same things and there is very little difference?

A: No - they are not the same, and are very different.

Expert:  cfortunato replied 5 years ago.

Question #2

Q: Please explain what you must do if you were to discover that there were more debts and assets that surfaced after having filed the original schedules for the Debtor.

 

A: The debtor (or her attorney) would have to file Amended Schedules with the Bankruptcy court. These Schedules are exactly the same as the original ones, but with the word "AMENDED" added to the top of each page.

Each Amended Schedule will show the entire listing that belongs on those Schedules, not just what the debtor wants to add.

One copy of each Amended Schedule must also be mailed to the Bankrutpcy Trustee.

If any creditors are added, a copy of the Notice of Chapter 7 Bankruptcy Filing (but not the Amended Schedule) must be sent to the added creditors.

Finally, a Certificate of Service (our old friend) must be filed for all parties who to whom something is mailed.

 

 

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Customer: replied 5 years ago.
For Objection to Discharge: So, I give Reference as: Tittle 11, Chapter 7, Section 727(a)

For the Objection to Dischargeability say: Title 11, Chapter 5, Section 523(a)

Thanks!
Expert:  cfortunato replied 5 years ago.

No - the cites (references) are 11 USC 727(a), and 11 USC 523(a).

 

Customer: replied 5 years ago.
Just to be clear: The chapter 13 plan starting with (a) SHALL and first 3 paragraphs= Must; (4) and (b)= MAY.
Thanks.



Expert:  cfortunato replied 5 years ago.
Yes - that is correct.
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Customer: replied 5 years ago.
Just a question about the Chapter 13 Plan: Is this the proper way to give a reference

13 USC( I don't know what Sections they were in).

I am still working on Chapter 13 Plan: I am trying to write a little Introduction.

Thanks.
Expert:  cfortunato replied 5 years ago.
All Bankrutpcy Code sections state with "11", because the Bankruptcy Code is Title 11:
11 USC...
Chapter 13 sections all start with the number 13, for example - section 1328.
Section 1328 would be cited as 11 USC 1328.
Customer: replied 5 years ago.
The Chapter 13 Question that you helped me with is:

11 USC §1325. I wanted to know if this is the citation that you used.
Expert:  cfortunato replied 5 years ago.
Hi there! Have you gotten over your cold?
The citation is 11 USC 1322.
More precisely, the "musts" = 11 USC 1322(a).
And the "mays" = 11 USC 1322(b).
Customer: replied 5 years ago.
Hi there! Thank you for asking. Even with a cold I have to study. I do feel a little better today because my nose is not running but I have a cough.

Crazy weather we are going through! Well, I am going go BUY LOTTO Tickets. Might make me feel better. A friend of mine bought 22 Tickets for her CATS. That is going too far, I think.

I hope you bought some also.

Good Luck to all of us. am still trying to understand where MUST BEGINS and Where MAY BEGINS.

Well, Have a good week-end! Hope I don't bother you too much over the week-end.
Expert:  cfortunato replied 5 years ago.

Thank you! You have a great weekend also!

Saturday is my movie day (I go to the movies every Saturday). I don't buy lotto tickets, though, because the odds of winning are too low.

 

All of section a is the Musts, and all of section b is the Mays.

You can see the statute here:

http://www.law.cornell.edu/uscode/text/11/1322.

 

 

 

Customer: replied 5 years ago.
WOW! What movie are you going to see? I see a movie every Friday courtesy of Netflix. I only buy $1 of lotto ticket nothing more because my LATE DAD used to say that you need only 1 to win. And, I like hanging on to my money since the Economy is so bad. And, going to school is expensive.

Yep, you are right because the odds of winning are too low but once in a while it is good to have a little fun.

You have a great week-end! Talk to you Sunday, hopefully.
Expert:  cfortunato replied 5 years ago.
I will see XXXXX XXXXX. You are right - one dollar here and there makes sense - not like the ones who spend tens of dollars each week, and then you have to wait behind them in line.
You have a great weekend also!
Customer: replied 5 years ago.
I don't remember if I had asked these are not? But, I wanted to double-check my answers, if that is ok.

1. Please explain at least three major ways in which a Chapter 13 plan and a Chapter 11 plan differ.

2. Please explain how the handling of secured debt under a Chapter 7 proceeding differs from treatment under other chapters of bankruptcy.

3. Please briefly compare and contrast the basic nature of Chapters 7, 11, 12, and 13, stating what type of entity each is best suited for and what each chapter attempts to accomplish.

4. Please explain briefly how a Chapter 7 proceeding may be converted to another chapter and who may request the conversion.


Hope you enjoyed your movie and had good weather. If you can respond by Tuesday or Wed. I would greatly appreciate it. Thanks.
Expert:  cfortunato replied 5 years ago.

The movie was great. It was a fantasy, and I love fantasies. How about the movie you saw? We're having lousy weather - cloudy, damp, and cold.

You did not already ask those questions, but I will answer them.

Customer: replied 5 years ago.
Well, I didn't see the movie. Instead, I live in an Independent Living Apartment Complex where my neighbors are in their 80's and 90's ( I am not) but I went to a BIRTHDAY PARTY for a 99 year old neighbor( her goal is to live to 100 years old). Everyone came.

Well, I didn't win the Lottery either, had I won you and I would be having a REAL conversation and we would have identified each other privately of course.

Don't feel bad we are having lousy weather also. Rains everyday. I don't think I have ever seen the Sun. Though it did come out today and we all went for a walk.
Expert:  cfortunato replied 5 years ago.
I hope you had a nice piece of cake.
Customer: replied 5 years ago.
Yep! I sure did and now I am walking it off. Ended up with 2 pieces. I don't think I will be eating dessert for a long, long time.

I was having a little trouble with the Chapter 13 Plan. Here is my Introduction before I say what May and Must be in it. Is this right.

The Chapter 13 plan is generally referred to as a "Payment Plan Bankruptcy" or even "Wage Earner Bankruptcy." It is a way of having some or all of the debtor's debts paid back over time out of his/her wages. The Chapter 13 plan is a legal document filed with a debtor's Chapter 13 bankruptcy petition. This plan details how debts, liens, and other assets that are owned or owed by the debtor in regard to his/her bankruptcy petition. In order for this plan to take effect, there are several requirements that need to be met. These are specified in 11 USC §1325. This case can generally take a minimum of 36 months or a maximum of 60 months since the debtor is paying ball all or a portion of the debt.

Thanks.
Expert:  cfortunato replied 5 years ago.
This sentence needs to be finished:
"This plan details how debts, liens, and other assets that are owned or owed by the debtor in regard to his/her bankruptcy petition."
The other change I would make is the plan is often submitted shortly after the Bankruptcy petition is filed, not with the petition.
Customer: replied 5 years ago.
Something like this:

Furthermore, this plan details how the treatment of debts, liens, and other assets and liabilities that are owned or owed by the debtor in regard to his/her bankruptcy petition.

Hope this makes sense.
Expert:  cfortunato replied 5 years ago.
The sentence is not complete.
Expert:  cfortunato replied 5 years ago.

Question #1. Please explain at least three major ways in which a Chapter 13 plan and a Chapter 11 plan differ.

1) A Chapter 11 can be filed by an individual or by a business. A Chapter 13 can be filed by an individual only.

2) There is a limit to the amount of debt that can be discharged in a Chapter 13. There is no such debt limit in a Chapter 11.

3) The filing fee for a Chapter 13 is $281. The fee for filing a Chapter 11 is $1,046.

4) A Chapter 13 lasts for 36 months or for 60 months - depending on the debtor's income level. There is no pre-set amount of time for a Chapter 11 to last.

Expert:  cfortunato replied 5 years ago.

Question #2. Please explain how the handling of secured debt under a Chapter 7 proceeding differs from treatment under other chapters of bankruptcy.

A Chapter 7 can discharge a debtor's liability to pay secured debt, but cannot remove the lien the lender has on the property. This means that even though the debt is discharged and the debtor does therefore not have to pay it, if he does not pay a secured debt, he can lose the thing that is securing the debt (the thing the lien is on)

In addition to discharging the debtor's liability for paying secured debts, the lien can also be removed in a Chapter 11, 12, or 13 - so that the debtor can keep the item securing the debt even if the debt is not fully paid.

Expert:  cfortunato replied 5 years ago.

Question #3. Please briefly compare and contrast the basic nature of Chapters 7, 11, 12, and 13, stating what type of entity each is best suited for and what each chapter attempts to accomplish.

The basic underlying nature is the same for each Chapter - the goal is to at least partially relieve the debt burden of the Bankruptcy filer.

Chapter 7 is best suited for any individual whose income is below the state median, and who does not have non-exempt assets that need to be protected. Chapter 7 is also filed by businesses that want to liquidate their assets, distribute the proceeds to their creditors, and then close the business.

Chapter 11 is best suited for businesses who need debt relief but do not want to liquidate and close. In a Chapter 11 the business works with its creditors to arrange an affordable payment schedule, which often includes a reduction in total debt owed and/or a lengthening of the amount of time to pay back the debt. Chapter 11 is also filed by individuals who have too much debt to qualify for a Chapter 13.

Chapter 13 is suited for individuals who have too much income to qualify for a Chapter 7, or for debtors who want to make monthly payments for up to 5 years in order to keep assets that they would have to give up in a Chapter 7. It is also suited for debtors who are behind on their secured debt(s), because they are allowed to pay off the arrears of that debt over a period of up to 5 years.

Chapter 12 is suited for farmers, who are the only ones who can file this Chapter, which works similarly to a Chapter 13.

Expert:  cfortunato replied 5 years ago.

Question #4. Please explain briefly how a Chapter 7 proceeding may be converted to another chapter and who may request the conversion.

To convert from one chapter to another, the debtor must file a motion with the Bankruptcy court requesting the conversion. Once the court approves the conversion, the debtor must file any additional paperwork the other Chapters require that was not required in the Chapter 7.

Pursuant to 11 USC 706, any "party in interest" can motion the court to convert a Bankruptcy to a Chapter 11, but the debtor must agree to a conversion to a Chapter 12 or a Chapter 13. (A "party in interest" is the debtor, the Bankruptcy trustee, the US trustee, or any creditor.)



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Customer: replied 5 years ago.
Here is my Introduction and wanted to know your thoughts:

The Chapter 13 Plan is generally referred to as "Payment Plan Bankruptcy" or as "Wage Earner Bankruptcy." It is a legal document filed shortly after a debtor's Chapter 13 bankruptcy petition. In order for the Chapter 13 Plan to take effect, it must meet a number of requirements. These are outlined in 11 USC §1325. Hence, for the purpose, of this question"What MAY be included" is specified in 11 USC § 1322(a). and "What MUST be included" is specified in 11 USC §1322(b).

Listed below is the Chapter 13 Plan in Pursuant with 11 USC §1322 (a) and (b).

Thanks.
Expert:  cfortunato replied 5 years ago.
A
Expert:  cfortunato replied 5 years ago.
Yes - that looks good.
Customer: replied 5 years ago.
Can anything else be added?
Expert:  cfortunato replied 5 years ago.

I am not sure what you are trying to do with that paragraph. What was the assignment for that paragraph?

Customer: replied 5 years ago.
I was LOOKING for ways to present the Question of MUST and MAY of Chap. 13 Plan? Rather than listing the 11 USC §1322(a) and (b). I was trying to write an Essay.

Not having Good Luck in that area.

Thanks.
Expert:  cfortunato replied 5 years ago.

In other words, you were trying to get an A+ instead of an A. I think that paragraph is fine for that purpose.

For your next communication, and if you don't mind, please start a new question - only because it takes forever to get to the bottom of this page. And you must also be having the same problem!

Thanks!

 

Customer: replied 5 years ago.
Well, you won the Lottery!! Yes, I want an A+ if I can get it. I 'll try one more time.

How do I start a new question because, I would like to work with you until this class ends.

Thanks!
Expert:  cfortunato replied 5 years ago.
When you send the new question, start the question with "Dear cfortunato", or "This question is for cfortunato".
Customer: replied 5 years ago.
Dear Mr/Ms. cfortunato:

Let's see if this gives me at least a shot at A+.

The Chapter 13 Plan is generally referred to as a "Payment Plan Bankruptcy" or as a "Wage Earner Bankruptcy." It is a legal document that is filed shortly after a debtor's Chapter 13 bankruptcy petition. A Chapter 13 Plan can be filed by an individual only. There is a limit to the amount of debt that can be discharged in a Chapter 13 Plan.Hence, a Chapter 13 Plan lasts for 36 months or 60 months depending on the debtor. In order for the Chapter 13 Plan to take effect, the debtor must meet a number of requirements which are outlined in 11 USC §1325.

However, for the purposes of this question" What MAY be included" is specified in 11 USC 1322(a) and "What MUST be included is specified in 11 USC 1322(b).

Listed below is the Chapter 13 Plan Pursuant with 11 USC 1322(a) and (b).

I had a hard time typing this as a separate question. Sorry.
Expert:  cfortunato replied 5 years ago.

You don't have to re-type anything - you can copy and paste next time.

I bolded what I think should be changed and italicized what should replace what was bolded, or what should be added.

 

The Chapter 13 Plan Bankruptcy is generally often referred to as a "Payment Plan Bankruptcy" or as a "Wage Earner Bankruptcy." It is a legal document that is filed shortly after a debtor's Chapter 13 bankruptcy petition is filed. A Chapter 13 Plan Bankruptcy can be filed by an individual only. There is a limit to the amount of debt that can be discharged in a Chapter 13 Plan.Hence, a A Chapter 13 Plan Bankruptcy lasts for 36 months or 60 months depending on the debtor's income. In order for the Chapter 13 Plan to take effect be confirmed, the debtor must meet a number of requirements, which are outlined in 11 USC §1325.
However, for For the purposes of this question" What MAY be included" is specified in 11 USC 1322(a) and "What MUST be included is specified in 11 USC 1322(b).
Listed below is the Chapter 13 Plan Pursuant with plan, in accordance with 11 USC 1322(a) and (b).

 

Here is the A+ result:

The Chapter 13 Bankruptcy is often referred to as a "Payment Plan Bankruptcy" or as a "Wage Earner Bankruptcy." It is a legal document that is filed shortly after a debtor's Chapter 13 bankruptcy petition is filed. A Chapter 13 Bankruptcy can be filed by an individual only. There is a limit to the amount of debt that can be discharged in a Chapter 13 Plan.

A Chapter 13 Bankrutpcy lasts for 36 months or 60 months depending on the debtor's income. In order for the Chapter 13 Plan to take effect, the debtor must meet a number of requirements which are outlined in 11 USC §1325.
For the purposes of this question" What MAY be included" is specified in 11 USC 1322(a) and "What MUST be included is specified in 11 USC 1322(b).
Listed below is the Chapter 13 plan, in accordance with 11 USC 1322(a) and (b).

 

cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Please access the Federal Rules of Bankruptcy Procedure and answer the following questions, citing the appropriate Rule.

1. Can papers to be filed with the bankruptcy court be filed by electronic means?

2. Is an attorney required to disclose compensation received from a debtor? Is there a deadline for doing so?

3. Do the Rules allow for an extension to file a Statement of Affairs and Schedules if these have not been filed with the petition? Is an extension requested by motion?

4. Who may be deposed or "examined" under the Rules? Is the scope of this examination limited?

5. Which Rules of Evidence are used in bankruptcy proceedings?

6. If Schedules and the Statement of Affairs are not timely filed, can the court dismiss the case?

7. Who is authorized to administer oaths in a bankruptcy proceeding?

8. Can Schedules be amended? How many times?

9. Which Rules govern the issuance of a subpoena in a bankruptcy proceeding?

10. What are "adversary proceedings?"

Sorry, it does not let me do that. Would you happen to know where in the Code I can find this reference to this question I GOOGLED but can't find it:

Q: Please explain what you must do if you were to discover that there were more debts and assets that surfaced after having filed the original schedules for the Debtor.
Expert:  cfortunato replied 5 years ago.

When do you need the answers to these questions?

There is no code section that explains what has to be done when it is discovered that the debtor has additional assets or debts than what was disclosed in the Bankrutpcy papers that were originally filed with the court.

Customer: replied 5 years ago.
if you could help me out on these questions by next Thursday (April 12 ) or Friday (April 13) I would greatly appreciate it. I am still working on the Chapter 13 Plan and the others you had answered and double-checking them.

Also, I could not find the Format for Formal oleadings. Usually is there one.


Please use the proper format for pleadings as provided in the course handouts section of the course. Access the appropriate Rule (Bankruptcy Rules) and prepare the following:

Prepare an application to the court for employment of your attorney in a Chapter 11 proceeding, itemizing what the pleading must contain.

In case, I forget: Happy Easter!! What movie are you going to see on Sat?


Expert:  cfortunato replied 5 years ago.
I will know for sure about the movie tomorrow - that is when you can check the new movie listings.
Did you get a response from your instructor about the "proper format for pleadings as provided in the course handouts section of the course"?
Happy Easter to you also!
Customer: replied 5 years ago.
No one got a response from the instructor. I think we have to find out for ourselves and I am not sure where to Look.

Any Help would be appreciated.

Thanks.
Expert:  cfortunato replied 5 years ago.
Okay!
Customer: replied 5 years ago.
I am a perfectionist and I wanted to get my references right and I wanted to be sure that I was doing this cprrectly. I was reading www.law.cornell.edu/uscode/text/11/1322and I know (a) is MUST and (b) is MAY. What I wanted to know is Section (c) and (d) also in the MAY category? or Must? Since I will be sending the assignment tomorrow after I proofread it.

This was the question: Accessing the Bankruptcy Code, locate and explain what MAY be included in a Chapter 13 Plan and what MUST be included in a Chapter 13 Plan.

a) The Chapter 13 plan:
(1) shall provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan;
(2)shall provide for the full payment, in deferred cash payments, of all claims entitled to priority under section 507 of this title, unless the holder of a particular claim agrees to a different treatment of such claim;
(3)if the plan classifies claims, shall provide the same treatment for each claim within a particular class; and
(4)notwithstanding any other provision of this section, may provide for less than full payment of all amounts owed for a claim entitled to priority under section 507(a)(1)(B) only if the plan provides that all of the debtor's projected disposable income for a 5-year period beginning on the date that the first payment is due under the plan will be applied to make payments under the plan.

b) The Chapter 13 plan may:
(1) designate a class or classes of unsecured claims, as provided in section 1122 of this title, but may not discriminate unfairly against any class so designated; however, such plan may treat claims for a consumer debt of the debtor if an individual is liable on such consumer debt with the debtor differently than other unsecured claims;
(2)modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor's principal residence, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims;
(3)provide for the curing or waiving of any default;
(4)provide for payments on any unsecured claim to be made concurrently with payments on any secured claim or any other unsecured claim;
(5)notwithstanding paragraph (2) of this subsection, provide for the curing of any default within a reasonable time and maintenance of payments while the case is pending on any unsecured claim or secured claim on which the last payment is due after the date on which the final payment under the plan is due;
(6)provide for the payment of all or any part of any claim allowed under section 1305 of this title;
(7)subject to section 365 of this title, provide for the assumption, rejection, or assignment of any executory contract or unexpired lease of the debtor not previously rejected under such section;
(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;
(10)provide for the payment of interest accruing after the date of the filing of the petition on unsecured claims that are nondischargeable under section 1328(a), except that such interest may be paid only to the extent that the debtor has disposable income available to pay such interest after making provision for full payment of all allowed claims; and
(11)include any other appropriate provision not inconsistent with this title.
Expert:  cfortunato replied 5 years ago.
a
Customer: replied 5 years ago.
I was wondering if there is a Reference in a Code or Rule on how to answer this question? I know Paralegals cannot give any Legal advice but WHO tells them how to do this? I Just cannot find anything that mentions this. Is this procedure Common Sense?

Thanks.


Question #2
Q: Please explain what you must do if you were to discover that there were more debts and assets that surfaced after having filed the original schedules for the Debtor.

A: The debtor (or her attorney) would have to file Amended Schedules with the Bankruptcy court. These Schedules are exactly the same as the original ones, but with the word "AMENDED" added to the top of each page.
Each Amended Schedule will show the entire listing that belongs on those Schedules, not just what the debtor wants to add.
One copy of each Amended Schedule must also be mailed to the Bankrutpcy Trustee.
If any creditors are added, a copy of the Notice of Chapter 7 Bankruptcy Filing (but not the Amended Schedule) must be sent to the added creditors.
Finally, a Certificate of Service (our old friend) must be filed for all parties who to whom something is mailed.
Expert:  cfortunato replied 5 years ago.

I may have given you the wrong answer. Did the debtor have these debts and assets at the time of filing, or were they acquired after the Bankrutpcy was filed?

Customer: replied 5 years ago.
I think we have to explain what we must do if we were to discover that there were more Debts and Assets that Surfaced after having Filed the Original Schedules for the Debtor.

I just could not find any Code or Rule about this?
Customer: replied 5 years ago.
I was looking thru the Federal Rules of Bankruptcy Procedures and I was wondering if RULE 1009 (a) APPLIES TO THIS QUESTION OR NOT?
Expert:  cfortunato replied 5 years ago.

I am going to assume those debts in existence when the Bankruptcy was filed, and the debtor forgot about them or did not know about them beforehand, and the debtor remembered them or found out about them after the Bankruptcy was filed?

11 USC 727(d) allows a Bankruptcy discharge to be revoked if it is discovered that there were any assets that were not disclosed in the Bankruptcy papers.

The debtor is asked - under oath - at the 341 Creditors Meeting if everything in the Bankruptcy papers is accurate. That means if there are any debts that were not included, the debtor must disclose this information to the Bankruptcy trustee, who will order the debtor to amend the appropriate schedule, if it has not already been done. As the Schedules ask for "all entities" who are owed money by the debtor, if there are any creditor missing from the Bankruptcy paperwork, then that paperwork is not accurate.

Fed. Rules of Bank. Proc. 1009 allows a debtor to amend his Bankrutpcy papers at any time before his Bankruptcy case is closed.

Therefore, if the debtor realizes after filing that there are assets and/or creditors missing, it would behoove her or her attorney to file amended schedules. But there is Bankrutpcy Code that says what a debtor should do in this situation.

 

cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
So, I should go with the new answer and Forget about the previous one. For this one we don't have to send a Certificate of service, etc?

Thanks.
Expert:  cfortunato replied 5 years ago.
a
Expert:  cfortunato replied 5 years ago.
No - you do not file Certificates of Service for amended Schedules.
Customer: replied 5 years ago.
I am a perfectionist and I wanted to get my references right and I wanted to be sure that I was doing this cprrectly. I was reading www.law.cornell.edu/uscode/text/11/1322and I know (a) is MUST and (b) is MAY. What I wanted to know is Section (c) and (d) also in the MAY category? or Must? Since I will be sending the assignment tomorrow after I proofread it.

This was the question: Accessing the Bankruptcy Code, locate and explain what MAY be included in a Chapter 13 Plan and what MUST be included in a Chapter 13 Plan.

a) The Chapter 13 plan:
(1) shall provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan;
(2)shall provide for the full payment, in deferred cash payments, of all claims entitled to priority under section 507 of this title, unless the holder of a particular claim agrees to a different treatment of such claim;
(3)if the plan classifies claims, shall provide the same treatment for each claim within a particular class; and
(4)notwithstanding any other provision of this section, may provide for less than full payment of all amounts owed for a claim entitled to priority under section 507(a)(1)(B) only if the plan provides that all of the debtor's projected disposable income for a 5-year period beginning on the date that the first payment is due under the plan will be applied to make payments under the plan.

b) The Chapter 13 plan may:
(1) designate a class or classes of unsecured claims, as provided in section 1122 of this title, but may not discriminate unfairly against any class so designated; however, such plan may treat claims for a consumer debt of the debtor if an individual is liable on such consumer debt with the debtor differently than other unsecured claims;
(2)modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor's principal residence, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims;
(3)provide for the curing or waiving of any default;
(4)provide for payments on any unsecured claim to be made concurrently with payments on any secured claim or any other unsecured claim;
(5)notwithstanding paragraph (2) of this subsection, provide for the curing of any default within a reasonable time and maintenance of payments while the case is pending on any unsecured claim or secured claim on which the last payment is due after the date on which the final payment under the plan is due;
(6)provide for the payment of all or any part of any claim allowed under section 1305 of this title;
(7)subject to section 365 of this title, provide for the assumption, rejection, or assignment of any executory contract or unexpired lease of the debtor not previously rejected under such section;
(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;
(10)provide for the payment of interest accruing after the date of the filing of the petition on unsecured claims that are nondischargeable under section 1328(a), except that such interest may be paid only to the extent that the debtor has disposable income available to pay such interest after making provision for full payment of all allowed claims; and
(11)include any other appropriate provision not inconsistent with this title.

Expert:  cfortunato replied 5 years ago.
None of the rest of the sections - (c)(,d),(e),(f) - are "Mays" or "Musts".
Customer: replied 5 years ago.
Happy Easter to you and your family!!! Just wanted to double-check as to which one is the correct answer. Also, in the 2nd answer we do not send a Certificate of Service? Also, what does the last line in the 2nd answer mean. Thank you. I hoped you enjoyed your movie. I saw The King's Speech!
Question #2
Q: Please explain what you must do if you were to discover that there were more debts and assets that surfaced after having filed the original schedules for the Debtor.

A: The debtor (or her attorney) would have to file Amended Schedules with the Bankruptcy court. These Schedules are exactly the same as the original ones, but with the word "AMENDED" added to the top of each page.
Each Amended Schedule will show the entire listing that belongs on those Schedules, not just what the debtor wants to add.
One copy of each Amended Schedule must also be mailed to the Bankrutpcy Trustee.
If any creditors are added, a copy of the Notice of Chapter 7 Bankruptcy Filing (but not the Amended Schedule) must be sent to the added creditors.
Finally, a Certificate of Service (our old friend) must be filed for all parties who to whom something is mailed.

You have accepted an Answer!
From cfortunato
Thursday, April 05, 2012 3:58 PM EST
I am going to assume those debts in existence when the Bankruptcy was filed, and the debtor forgot about them or did not know about them beforehand, and the debtor remembered them or found out about them after the Bankruptcy was filed?
11 USC 727(d) allows a Bankruptcy discharge to be revoked if it is discovered that there were any assets that were not disclosed in the Bankruptcy papers.
The debtor is asked - under oath - at the 341 Creditors Meeting if everything in the Bankruptcy papers is accurate. That means if there are any debts that were not included, the debtor must disclose this information to the Bankruptcy trustee, who will order the debtor to amend the appropriate schedule, if it has not already been done. As the Schedules ask for "all entities" who are owed money by the debtor, if there are any creditor missing from the Bankruptcy paperwork, then that paperwork is not accurate.
Fed. Rules of Bank. Proc. 1009 allows a debtor to amend his Bankrutpcy papers at any time before his Bankruptcy case is closed.
Therefore, if the debtor realizes after filing that there are assets and/or creditors missing, it would behoove her or her attorney to file amended schedules. But there is Bankrutpcy Code that says what a debtor should do in this situation.
Expert:  cfortunato replied 5 years ago.

Happy Easter to you and yours also!

I saw "Hunger Games" yesterday. Another fantasy - which I like.

Basically, Certificates of Service get filed when anything has to be sent to creditors. This way the court has proof that those things were sent to those creditors.

Customer: replied 5 years ago.
After "The Iron Lady" then comes "The Hunger Games" for me. Both of them are excellent movies. The non-profit where I volunteer at as a Legal Intake person(Lawyers Volunteer their time) shows movies every Friday with Pizza and Popcorn but you pay $1. Not a bad Deal!

So, Basically, I should GO with the 2nd answer and add the Certificate of Service line.

But there is Bankrutpcy Code that says what a debtor should do in this situation. What does this mean?

Thanks!
Expert:  cfortunato replied 5 years ago.
That does sound like a good deal!
I left out the "no". That sentence should read, "But there is no Bankruptcy Code..."
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
So in conclusion, I can say that a Certificate of Service (our old friend) must be filed for all parties who to whom something is mailed.

And, there is no Bankruptcy Code that says what a debtor should do in this situation. Only Rule 1009 and 11 USC §727(d).
Expert:  cfortunato replied 5 years ago.
Yes - a Certificate of Service gets filed for all partied to whom the debtor had to mail something, but not for the trustee.
Yes - there is no Bankruptcy Code section that spells out what a debtor must or should do upon discovering that debts or assets are missing from the Bankruptcy paperwork. The debtor and/or his attorney must draw the conclusion that, based on 727(d) and 1009, it would be in the debtor's best interest to file amended paperwork, to avoid having the discharge revoked.
Customer: replied 5 years ago.
Just double-checking again: Is this right: MUSTS ARE IN 11 USC 1322 (a) and MAYS ARE IN 11 USC 1322 (b)?

I think I goofed. Too much fun!!!

Rita



The Chapter 13 Bankruptcy is often referred to as a "Payment Plan Bankruptcy" or as a "Wage Earner Bankruptcy." It is a legal document that is filed shortly after a debtor's Chapter 13 bankruptcy petition is filed. A Chapter 13 Bankruptcy can be filed by an individual only. There is a limit to the amount of debt that can be discharged in a Chapter 13 Plan.
A Chapter 13 Bankrutpcy lasts for 36 months or 60 months depending on the debtor's income. In order for the Chapter 13 Plan to take effect, the debtor must meet a number of requirements which are outlined in 11 USC §1325.
For the purposes of this question" What MAY be included" is specified in 11 USC 1322(a) and "What MUST be included is specified in 11 USC 1322(b).
Listed below is the Chapter 13 plan, in accordance with 11 USC 1322(a) and (b).
Expert:  cfortunato replied 5 years ago.
Yes! That looks good!
Customer: replied 5 years ago.
SO, MUSTS ARE= 11 USC 1322 (a)

MAYS ARE IN 11 USC 1322 (b).

Is this correct or did I reverse them.

Thanks!
Customer: replied 5 years ago.
Could please explain the difference between a CHAPTER 13 PLAN AND A CHAPTER 13 BANKRUPTCY?

I think in one of the earlier questions I goofed because I thought they were the same thing.

And, I do not want to make the same mistake again in the above question.
Expert:  cfortunato replied 5 years ago.
The Bankruptcy is the entire process, including the plan. The plan is a part of the Bankruptcy. It is a list of the creditors who will be paid, and how much each one will be paid.
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Just double-checking again: Is this right: MUSTS ARE IN 11 USC 1322 (a) and MAYS ARE IN 11 USC 1322 (b)? for CHAPTER 13 PLAN?

I think I goofed. Too much fun!!!

Rita


The Chapter 13 Bankruptcy is often referred to as a "Payment Plan Bankruptcy" or as a "Wage Earner Bankruptcy." It is a legal document that is filed shortly after a debtor's Chapter 13 bankruptcy petition is filed. A Chapter 13 Bankruptcy can be filed by an individual only. There is a limit to the amount of debt that can be discharged in a Chapter 13 Plan.
A Chapter 13 Bankrutpcy lasts for 36 months or 60 months depending on the debtor's income. In order for the Chapter 13 Plan to take effect, the debtor must meet a number of requirements which are outlined in 11 USC §1325.
For the purposes of this question" What MAY be included" is specified in 11 USC 1322(b) and "What MUST be included is specified in 11 USC 1322(a).
Listed below is the Chapter 13 plan, in accordance with 11 USC 1322(a) and (b).

Expert:  cfortunato replied 5 years ago.
Good morning!
Yes - the Musts are in 11 USC 1322(a), and the Mays are in 11 USC 1322(b).
Customer: replied 5 years ago.
Good Morning also!

Good I double-checked. I have it right now I am ready to send the questions.

Have a nice day!!!
Expert:  cfortunato replied 5 years ago.
You have a nice day also!
Customer: replied 5 years ago.
Good Evening! Hope you had a Happy Hump-Day!

Please access the Federal Rules of Bankruptcy Procedure and answer the following questions, citing the appropriate Rule.

1. Can papers to be filed with the bankruptcy court be filed by electronic means?

2. Is an attorney required to disclose compensation received from a debtor? Is there a deadline for doing so?

3. Do the Rules allow for an extension to file a Statement of Affairs and Schedules if these have not been filed with the petition? Is an extension requested by motion?

4. Who may be deposed or "examined" under the Rules? Is the scope of this examination limited?

5. Which Rules of Evidence are used in bankruptcy proceedings?

6. If Schedules and the Statement of Affairs are not timely filed, can the court dismiss the case?

7. Who is authorized to administer oaths in a bankruptcy proceeding?

8. Can Schedules be amended? How many times?

9. Which Rules govern the issuance of a subpoena in a bankruptcy proceeding?

10. What are "adversary proceedings?"


Please use the proper format for pleadings as provided in the course handouts section of the course. Access the appropriate Rule (Bankruptcy Rules) and prepare the following:

Prepare an application to the court for employment of your attorney in a Chapter 11 proceeding, itemizing what the pleading must contain

I have no clue as to what the Proper Format for Pleading is. Never heard from the Teacher and I could not find it in the coursebook. I don't know if it is similar to the one I did earlier or not.

So, if you can help me with these I would greatly appreciate it. Thanks.

Expert:  cfortunato replied 5 years ago.
Okay!
Customer: replied 5 years ago.
If you can guide me through the Proper Format for Pleadings and how to prepare an application to the court for employment of attorney in Chap. 11 proceeding, itemizing what it contains. I would appreciate. Maybe by Thursday(April 12) or Friday ( April13), that way if there are questions perhaps those can be clarified.

Expert:  cfortunato replied 5 years ago.
Okay!
Expert:  cfortunato replied 5 years ago.

All the rules cited are the Federal Rules of Bankruptcy Procedure, except for answer #5, which cites the Federal Rules of Evidence. (There is no reference for this in the Federal Rules of Bankruptcy Procedure.)

1) Yes. Rule 5005(a)(2).

2) Yes. Rule 2016(b).

3) Yes. Rule 1007(a)(4).

4) "Any entity" may be deposed or examined. Rule 2004(a). The scope of this examination "may relate only to the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor's estate, or to the debtor's right to a discharge". Rule 2004(a).

5) The Federal Rules of Evidence are used in Bankruptcy proceedings. Federal Rules of Evidence Rule 1101(a).

6) Yes. Rule 1017(c)

7) An oath may be administered by: (A) an officer authorized to administer oaths either by federal law or by the law in the place of examination; or
(B) a person appointed by the court where the action is pending to administer oaths and take testimony. Rule 7028.
8) Yes. No limit is indicated. Rule 1009.

9) Rule 2004(c).

10) The following are adversary proceedings:

(1) a proceeding to recover money or property, other than a proceeding to compel the debtor to deliver property to the trustee, or a proceeding under §554(b) or §725 of the Code, Rule 2017, or Rule 6002;

(2) a proceeding to determine the validity, priority, or extent of a lien or other interest in property, other than a proceeding under Rule 4003(d);

(3) a proceeding to obtain approval under §363(h) for the sale of both the interest of the estate and of a co-owner in property;

(4)a proceeding to object to or revoke a discharge, other than an objection to discharge under §§727(a)(8), 1 (a)(9), or 1328(f);

(5) a proceeding to revoke an order of confirmation of a chapter 11, chapter 12, or chapter 13 plan;

(6) a proceeding to determine the dischargeability of a debt;

(7) a proceeding to obtain an injunction or other equitable relief, except when a chapter 9, chapter 11, chapter 12, or chapter 13 plan provides for the relief;

(8) a proceeding to subordinate any allowed claim or interest, except when a chapter 9, chapter 11, chapter 12, or chapter 13 plan provides for subordination;

(9) a proceeding to obtain a declaratory judgment relating to any of the foregoing; or

(10) a proceeding to determine a claim or cause of action removed under 28 U.S.C. §1452. Rule 7001 (1-10).

cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks. I am just worried about the question below. I have no idea how to set it up or say. I do know that there is RULE 2014 in Federal Rules but I cannot find anything else.

Any help would be appreciated.


Please use the proper format for pleadings as provided in the course handouts section of the course. Access the appropriate Rule (Bankruptcy Rules) and prepare the following:

Prepare an application to the court for employment of your attorney in a Chapter 11 proceeding, itemizing what the pleading must contain

I have no clue as to what the Proper Format for Pleading is. Never heard from the Teacher and I could not find it in the coursebook. I don't know if it is similar to the one I did earlier or not.
Expert:  cfortunato replied 5 years ago.
Don't worry!
I will work on that one tomorrow.
Expert:  cfortunato replied 5 years ago.

The caption for this Motion will be the same as the Motion for Relief from the Automatic Stay, except that "Debtor's Application for Employment of Attorney" will be substituted for "Motion for Relief from the Automatic Stay".

 

1) Mr. Debtor has filed a Chapter 11 Bankruptcy case on ____________.

2) Mr. Attorney has provided the following services to Debtor:_____________.

3) The amount of compensation requested from the Chapter 11 estate for serviced already rendered is $________________.

4) Debtor has already paid $_______ for services that were already rendered.

5) The source of the compensation already paid was _______________.

6) This compensation was not shared with any other attorneys, and no such sharing agreement exists.

7) Mr. Attorney will continue to provide the following services to Debtor:___________.

8) The amount of compensation will be billed at the rate of $____________ per hour.

9) As these services are necessary for the administration of the Chapter 11 estate, Debtor prays the court grant this Motion for Employment of Attorney.

Customer: replied 5 years ago.


UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF TEXAS
--------------------------------------------------------------x

CHAPTER 11
CASE NO.

In re:

[first name] WOULD I PUT ATTORNEY'S NAME HERE?



---------------------------------------------------------------x
Expert:  cfortunato replied 5 years ago.
No - the debtor's name always goes in the Caption, regardless of what type of document is involved.
The words, "CHAPTER 11", and the case number XXXXX over to the right-hand side of the page.
Customer: replied 5 years ago.
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF TEXAS
--------------------------------------------------------------x

CHAPTER 11
CASE NO. 0123-3625-13

In re:

[first name] XXXXX XXXXX

DEBTOR





Debtor's Application for Employment of Attorney
TO THE HONORABLE XXXXX XXXXX, UNITED STATES BANKRUPTCY JUDGE

1) Mr. Debtor has filed a Chapter 11 Bankruptcy case on _APRIL 13, 2012__________.
2) Mr. Attorney has provided the following services to Debtor:___XXXXX XXXXX__________.
3) The amount of compensation requested from the Chapter 11 estate for serviced already rendered is $________________.
4) Debtor has already paid $_______ for services that were already rendered.
5) The source of the compensation already paid was _______________.
6) This compensation was not shared with any other attorneys, and no such sharing agreement exists.
7) Mr. Attorney will continue to provide the following services to Debtor:___________.
8) The amount of compensation will be billed at the rate of $____________ per hour.
9) As these services are necessary for the administration of the Chapter 11 estate, Debtor prays the court grant this Motion for Employment of Attorney.

Does look right? WHo gets the CERTIFICATE OF SERVICE? Debtor, who else? I probably need the Attorney's name?

DO I NEED TO WRITE AN INTRODUCTION TO THIS? Thanks. This is my LAST Assignment and I want to finish it tonight if I can understand it.

Expert:  cfortunato replied 5 years ago.
This motion only goes to the trustees and the court clerk, so there are no Certificates of Service involved.
Line #2 - the blank line is for the services that were provided by the attorney to the debtor. So the debtor's name does not go in that space. As there was no information provided about any services provided, I put a line instead.
I know you like to provide introductions, but there is no place for an introduction in a Motion.
Customer: replied 5 years ago.
Another question: Do I add this at the end:

Respectfully XXXXX XXXXX day of 2012.

dated: Somewhere

___________

Debtor's name goes here? Or the Attorney for debtor?
Bar #, Address, phone, etc
Expert:  cfortunato replied 5 years ago.
Yes - you should add those at the end.
The attorney's name and address go under that (not the debtor).
And then TO: XXXXX XXXXX and address.
Customer: replied 5 years ago.
Do I fill in the blanks? Or leave them blank since no Information was provided? I Just Needed to Itemizing what the Pleading should contain? Does it contain Blanks? Is this what it looks like?

Dated: Somehere, Utah

___________________
XXXXX XXXXX
Utah Bar Number:
Address
Phone
Attorney for Debtor

Where do I put TO: XXXXX and Address?
Expert:  cfortunato replied 5 years ago.
You have to leave blanks because you do not have the information that would go in the blanks. There would be no blanks in a real Motion.

The trustee's name and address go under the attorney's name and address:

Debtor's attorney's name
Debtor's attorney's address

To: XXXXX XXXXX name
Bankrutpcy trustee's address
Customer: replied 5 years ago.
Access the appropriate Rule (Bankruptcy Rules) and prepare the following:

Prepare an application to the court for employment of your attorney in a Chapter 11 proceeding, itemizing what the pleading must contain

Since the question asks me to access the Bankruptcy Rules:

Can I say: RULE 2014(a): EMPLOYMENT OF PROFESSIONAL PERSONS states " An order approving the employment of attorneys, accountants, appraisers, auctioneers, agents..."

Listed below is the APPLICATION TO THE COURT FOR EMPLOYMENT OF ATTORNEY IN A CHAPTER 11 PROCEEDING:
Expert:  cfortunato replied 5 years ago.
Yes - you can do that for your assignment, but of course you would not do that for a real motion.
Customer: replied 5 years ago.
I am a little worried about this Assignment because the question says " employment of your attorney". I don't know if it means me? If so, how do I fill in the blanks?

UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF TEXAS
--------------------------------------------------------------x

CHAPTER 11
CASE NO. 0123-3625-13

In re:

[first name]

DEBTOR



Debtor's Application for Employment of Attorney
TO THE HONORABLE XXXXX XXXXX, UNITED STATES BANKRUPTCY JUDGE

1) Mr. Debtor has filed a Chapter 11 Bankruptcy case on _APRIL 13, 2012__________.
2) Mr. Attorney has provided the following services to Debtor:_____________.
3) The amount of compensation requested from the Chapter 11 estate for serviced already rendered is $________________.
4) Debtor has already paid $_______ for services that were already rendered.
5) The source of the compensation already paid was _______________.
6) This compensation was not shared with any other attorneys, and no such sharing agreement exists.
7) Mr. Attorney will continue to provide the following services to Debtor:___________.
8) The amount of compensation will be billed at the rate of $____________ per hour.
9) As these services are necessary for the administration of the Chapter 11 estate, Debtor prays the court grant this Motion for Employment of Attorney.

Does look right?


Respectfully XXXXX XXXXX day of month 2012

Dated: Somewhere, South Dakota

_____________

Debtor's attorney's name
Debtor's attorney's address
Phone
Attorney for Debtor
To: XXXXX XXXXX name
Bankrutpcy trustee's address

Would the Bankruptcy Trustee get a certificate of Service or not?

Expert:  cfortunato replied 5 years ago.
It does mean you, as the debtor. The blanks cannot be filled in, because there is no information to fill in.
Expert:  cfortunato replied 5 years ago.

1) My client, (debtor's name), filed a Bankruptcy case on April 13, 2012.

2) I, (attorney's name), have provided the following services to (debtor's name):

a)

b)

c)

3) The total charge for these services is $1,500.

4) (debtor's name) has already paid $400 for these services.

5) The source of the compensation already paid was _______________.
6) This compensation was not shared with any other attorneys, and no such sharing agreement exists.
7) I will continue to provide the following services to (debtor's name):

a)

b)

c)
8) The amount of compensation for these services will be billed at the rate of $250 per hour.
9) As these services are necessary for the administration of the Chapter 11 estate, Debtor prays the court grant this Motion for Employment of Attorney.

Customer: replied 5 years ago.
Good Afternoon,

I am Confused on this Assignment. I know that Bankruptcy is a Federal Issue under Rule 2014. I was looking on my Bankruptcy District website for their local rules because I was reading somewhere that those must be followed.

The form mentions trustee and I do not know who he/she is? Let alone the Debtor? Thanks.
Expert:  cfortunato replied 5 years ago.

You're welcome!

Was there a question in your last Reply?

Customer: replied 5 years ago.
Good Afternoon,

I am Confused on this Assignment. I know that Bankruptcy is a Federal Issue under Rule 2014. I was looking on my Bankruptcy District website for their local rules because I was reading somewhere that those must be followed.

The form mentions trustee and I do not know who he/she is? Let alone the Debtor?

United States Bankruptcy Court
Western District of Texas

IN RE Chapter 11
Case No.________


Debtor

Debtor's Application for Employment of Attorney
TO THE HONORABLE XXXXX XXXXX, UNITED STATES BANKRUPTCY JUDGE


My client, (debtor's name), filed a Bankruptcy case on April 13, 2012.
2) I, (attorney's name), have provided the following services to (debtor's name):
a)
b)
c)
3) The total charge for these services is $1,500.
4) (debtor's name) has already paid $400 for these services.
5) The source of the compensation already paid was _______________.
6) This compensation was not shared with any other attorneys, and no such sharing agreement exists.
7) I will continue to provide the following services to (debtor's name):
a)
b)
c)
8) The amount of compensation for these services will be billed at the rate of $250 per hour.
9) As these services are necessary for the administration of the Chapter 11 estate, Debtor prays the court grant this Motion for Employment of Attorney.


Dated:_________________

Whose Names go here?


Since we have to follow Local Rules, I do not know how to do those forms. I suppose they are different.
Expert:  cfortunato replied 5 years ago.

The local rules do not affect the filing of a Motion for Employment - which is governed by the federal Bankruptcy rules.

I know you don't have the name of the trustee.

Customer: replied 5 years ago.
I am getting ready to send this in and wanted your feedback on the Format.

UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF TEXAS
--------------------------------------------------------------x

CHAPTER 11
CASE NO. 0123-3625-13

In re:

[first name]

DEBTOR



Debtor's Application for Employment of Attorney
TO THE HONORABLE XXXXX XXXXX, UNITED STATES BANKRUPTCY JUDGE

1) Mr. Debtor has filed a Chapter 11 Bankruptcy case on __________.
2) Mr. Attorney has provided the following services to Debtor:_____________.
3) The amount of compensation requested from the Chapter 11 estate for serviced already rendered is $________________.
4) Debtor has already paid $_______ for services that were already rendered.
5) The source of the compensation already paid was _______________.
6) This compensation was not shared with any other attorneys, and no such sharing agreement exists.
7) Mr. Attorney will continue to provide the following services to Debtor:___________.
8) The amount of compensation will be billed at the rate of $____________ per hour.
9) As these services are necessary for the administration of the Chapter 11 estate, Debtor prays the court grant this Motion for Employment of Attorney.

Respectfully XXXXX XXXXX day of month 2012

Dated: Somewhere, South Dakota

_____________

Debtor's attorney's name
Debtor's attorney's address
Phone
Attorney for Debtor
To: XXXXX XXXXX name Where would this go?
Bankrutpcy trustee's address

Would the Bankruptcy Trustee get a certificate of Service or not? Everything is Blank since no information is given.
Expert:  cfortunato replied 5 years ago.

I already answered both of these questions for you:

 

1) The Bankruptcy trustee's name would go exactly where it is (underneath the attorney's name and address).

2) The Bankrutpcy trustee would not get a Certificate of Service.

cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
THIS IS FOR CFORTNATO. PLEASE FORWARD .

I HAVE A LEGAL WRITING ASSIGNMENT EITHER AS A BRIEF OR A MEMO. I DO NOT KNOW WHICH WILL BE BETTER.

FACTS: Mr. X was employed by Port Authority of Allegheny County( PAAC) and participated in its pension plan. Benefits under this plan are subjection to Internal Revenue Code, §415 limits which caps the annual amount of benefits payable to the participants.

When Mr. X was hired the PAAC had a Qualified Governmental Excess Benefits Arrangement which allowed the PAAC to pay above the limits. The QGEBA provided that it could be amended or terminated at the PAAC's discretion.

Mr. X retained a law firm to come up with whether senior employees could stay with PAAC rather than retire. Firm suggested a Deferred Retirement Plan so that employees could LOCK their benefits while still working and receiving a salary. Mr. X participated in this. DRP required all of its participants to separate from PAAC.

Mr.X requested from his benefits manager of what he can expect to receive in pension should he retire. he decided to enter into the DRP plan. Since he terminated his employment with PAAC. Under the pension plan of PAAC he was entitled to $9000 per month before §415 of implemented. After implementation of §415 Mr. X would just get $6,000 if QGEBA was not in place. Mr. X received $6000 per month from pAAC pension plan and $3000 from QGEBA plan. When PAAC terminated QGEBA, he just received $6000 monthly from PAAC pension plan.

Mr. X claims that an unilateral contract existed between him and PAAC for $9000 per month in lifetime benefits with no restrictions and regardless of any terms. Mr. X says that he should be paid $9000 per month in lifetime payments should he enter and participate in DRP, remain employed with PAAC and seperate later on.

I do not know which case applies:

Morosetti V. Louisiana Land & Exploration Co., 522 Pa. 492, 494-495, 564 A.2d 151, 152 (Pa. 1989).

Columbian Rope Cop. V. Rinek Cordage Co., 314 Pa. Super. 585, 593, 461 A.2d 312, 316 (Pa Super
1983)

CAN YOU PLEASE HELP ME GET STARTED? I have forgotten how to do BRIEFS OR MEMOS. Thank You.
Expert:  cfortunato replied 5 years ago.

Hi again!

This question involves employment law, which I am not an expert in. Please start a new question in the Employment Law section.

Thanks!